Legal Opinion

Searcy v. ZAWACKIS

District Court of Appeal of Florida

Decided February 16, 2011No. 4D09-3605Published

1Opinion of the CourtGerber, J.

We reverse the circuit court’s summary final judgment in the defendants’ favor in this negligence case involving a two-vehicle crash resulting in one driver’s death. The defendants did not meet their burden of showing the absence of any genuine issue of material fact regarding the defendant FedEx driver’s alleged lack of negligence.

The crash occurred at an intersection a few days after Hurricane Wilma struck Palm Beach County. Due to the hurricane, the intersection’s traffic lights were inoperative. In such a situation, Florida law requires motorists to treat the intersection as a four-way…

2Cases cited4 opinions

  1. Moore v. MorrisSupreme Court of Florida · 1985
  2. Dillow v. Florida Portland Cement PlantSupreme Court of Florida · 1972
  3. Gordon's Tractor Service, Inc. v. BilelloDistrict Court of Appeal of Florida · 1976
  4. Rosemont Farms Corp. v. Blueberries, S.A.District Court of Appeal of Florida · 2010

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