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| Warren v. State of Florida, Department of Transportation, 559 So2d 387 (1990). A bicyclist riding on a sidewalk encountered several large pieces of concrete in an area under repair. The bicyclist attempted to stay on the walkway while avoiding the concrete. She could not, and went off the sidewalk into an adjacent ditch where sod had been removed and replaced with soft sand. The sand "caused the bicycle to go out of control"--the bicyclist fell and was injured. From the court's opinion: "It seems perfectly clear, given the momentum provided by the plaintiff's bicycle, which made it--or so a jury could say--not reasonably possible for her safely to avoid the hazard presented by the pieces of concrete, that the mere fact that they were there to be seen does not render her own conduct in approaching them the sole legal cause of the accident. ... The record thus presents jury questions as to whether her riding the bike was either only comparatively negligent, or not contributorily negligent at all, and whether, conversely, the DOT's negligence as to the sidewalk was a, or the sole legal cause of the accident. ..." | ||||
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