Popejoy ex rel. Popejoy v. Harrison

The appellant, Larry Popejoy, was riding his bicycle on a sidewalk when an automobile, which was pulling into a driveway, struck him. We hold that under the facts and circumstances of this negligence case the trial court erred in failing to give requested instructions encompassing the following two statutes: Section 316.130(15), Florida Statutes (1989),1 and section 316.2065(10), Florida Statutes (1989).2

Accordingly, we reverse and remand for a new trial. See Sotuyo v. Williams, 587 So.2d 612 (Fla. 1st DCA 1991); Mathieu v. Schnitzer, 559 So.2d 1244 (Fla. 4th DCA), rev. dismissed, 570 So.2d…