Florida/Georgia Personal Injury & Workers Compensation

...ulled out on the highway from a gas station more than 100 feet from the intersection. At the ensuing trial, the jury found in favor of Appellee, allowing Appellant no recovery. The trial judge refused to give an instruction requested by Appellant on Section 316.121(1), Fla.Stat., which sets out the duty of a driver approaching an intersection to yield the right of way to a vehicle which has entered the intersection from a different highway....

...He did instruct on Section 316.123, which prescribes the duty to stop at STOP signs and yield the right of way to vehicles on the protected road. He also gave Standard Jury Instruction 4.1, defining negligence as the failure to use reasonable care. We find no error in the failure to instruct on Section 316.121(1)....

...other in an intersection, because the City permitted foliage to obscure the stop sign which faced in her direction. The City argues Cahill’s negligence in not yielding the right-of-way to the other car approaching from Cahill’s right pursuant to section 316.121, Florida Statutes (1987), 1 was an intervening active cause, which relieved the City from any liability regarding its failure to properly maintain the stop sign....

...r bizarre (ie., so “unforeseeable”) that the policy of the law will relieve the [City] of any liability for negligently creating this dangerous condition. In this case, the intersection was “controlled” by stop signs, so it is not clear that section 316.121 would apply here....

...Until it did, a collision was clearly foreseeable. Cahill’s actions and her ensuing accident were not so bizarre, unusual, or outside the realm of what was reasonably foreseeable as to justify a dismissal of the complaint. REVERSED and REMANDED. HARRIS and PETERSON, JJ., concur. . Section 316.121, Florida Statutes (1987) provides: 316.121 Vehicles Approaching or Entering Intersections— [[Image here]] (2) When two vehicles enter an intersection from different highways at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right....