Cano v. Conway

Appellant David Cano, age fourteen, was injured while walking his bike across two lanes of stopped traffic, when he was struck by the defendant driving in a third lane. The defendant, citing child-darting cases, persuaded the trial court to grant his motion for summary judgment. Because there was evidence from which a jury could find the defendant was far *163enough away from the plaintiff to have avoided the accident, we reverse.

The accident occurred on six-lane Commercial Boulevard in Fort Lauderdale at a point which was not at, but near, an intersection. Plaintiff had walked his bike across…