HomeMy WebLinkAbout2397 . . ~
IN TH~ DtSTRtC~t~ CcURZ' UF A~PLAL oF THL Si~AT1 UF F1~ORtDA
FOURTH D1STRIGT ~ JU L.Y TERM 1975
H£NRY V. CLIF'TON and DORC;AS )
CLIFT~N, his wtfe, )
)
Appellants, )
)
) CASE NO. 7~ -609.
)
CITY OF FT, PIERCF~ FLURiDA, ~ }
municipal corp~ration~ and Ar?rA )
LIFE AND CASUAI.TY 1NSURANCF )
COMPANY, )
)
Appeitees. )
Opinion filed September 12, 1975.
Appeal frorn the Circuit Caurt for St, Lucie
County; Wallace Sampie, judge.
Rici~ard W. Groner of Moyle, Gentry, Jone~ -
& Flanigan~ We~t Palm Beach, for appetlants.
Edna L, Caruso of Howell, Kirby, 1~9ontgonieiy,
~ D' Aiuto arxi Dean, West Palm 13each, fur
appel lees.
DOWNEY. 7•
?his is an appeal from a summary judgment for the appellees
; City of Ft. Pierce and its insurance carrier, Aetna Life and Casualty
i
j Company~ in an actiun for negligc~nce arising wt of the maintenance
~
~
~ and operation of an autc~maric traffic s ignal in the City of Ft. Pierce,
~ The complaint allc~ed that appellan~s were invoived in an auto-
mobite accident at an intei•section in said cfty; that appetlants eritered
the intersectton on a gre~~l light and collided with another rncxorist ~~rho
~
~ entered the intersecti~n from an intersecting street; tr.at said other
~ motorist efthc.~r had no 1 ight s ho~w ing on the traffic s ignal or he too had
6
3
~ a green light; that the maifunetioning of said traffic control device was
~
~
€ a result of the negligence of the appeitees and as a result rhereof appei-
~
~ lants were sevemly injured. The complaint atso charged that the city
~ .
~ w
~
~ o~ 245 ~~g~
~
n
~
:
~ ~ - r
r ` , ; , . , -
r .
. ~ - -