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Speigel v. S. Bell Tel. Tel. Co.

District Court of Appeal of Florida, Third District
Jan 25, 1977
341 So. 2d 832 (Fla. Dist. Ct. App. 1977)

Summary

affirming summary judgment for utility company, noting that a utility company has no obligation to guard against extraordinary exigencies created when an out-of-control vehicle leaves the travel portion of a road

Summary of this case from Brown v. U.S.

Opinion

No. 75-1958.

January 25, 1977.

Appeal from the Circuit Court for Dade County, John Gale, J.

Adams, George, Lee Schulte and David L. Willing, Miami, for appellants.

Frates, Floyd, Pearson, Stewart, Proenza Richman and James D. Little, Miami, for appellees.

Before HENDRY, C.J., and BARKDULL and NATHAN, JJ.


This is an appeal by plaintiffs from a final summary judgment entered in favor of the defendants in an action wherein the defendants were charged with negligently maintaining a light and telephone pole so near the highway that plaintiffs' driver was fatally injured when her automobile collided with the pole.

In his summary final judgment, the trial judge set forth the following, in pertinent part:

"ORDERED AND ADJUDGED that a utility company is under no obligation to guard against extraordinary exigencies created when a vehicle leaves the traveled portion of a roadway out of control. Oram v. New Jersey Bell Telephone Company [ 132 N.J. Super. 491] 334 A.2d 343 (N.J. 1975). The uncontradicted evidence in this case clearly shows that the plaintiff vehicle had left the roadway prior to impact with the utility pole involved herein. Summary Final Judgment therefore be and the same hereby is granted in favor of the defendants, and the defendants shall go hence without day."

After careful consideration of the record on appeal, briefs and arguments of counsel we have concluded that the trial judge was correct in entering the judgment appealed.

Affirmed.


Summaries of

Speigel v. S. Bell Tel. Tel. Co.

District Court of Appeal of Florida, Third District
Jan 25, 1977
341 So. 2d 832 (Fla. Dist. Ct. App. 1977)

affirming summary judgment for utility company, noting that a utility company has no obligation to guard against extraordinary exigencies created when an out-of-control vehicle leaves the travel portion of a road

Summary of this case from Brown v. U.S.

affirming summary judgment for utility company, noting utility company has no obligation to guard against extraordinary exigencies created when out-of-control vehicle leaves travel portion of road

Summary of this case from Afarian v. Massachusetts Electric

In Speigel, FPL and Southern Bell were sued for negligence in maintaining a light and telephone pole so near the highway that plaintiff's driver was fatally injured when her automobile collided with the pole.

Summary of this case from Florida Power Light Co. v. Lively

In Speigel, the plaintiff drove his car off a roadway into a plainly visible telephone pole which was not negligently situated in any way.

Summary of this case from Florida Power Light Co. v. Lively

In Speigel, the defendants were charged with negligently maintaining a telephone pole too near a roadway, and the pole was struck by plaintiffs' deceased driver.

Summary of this case from Austin v. City of Mt. Dora
Case details for

Speigel v. S. Bell Tel. Tel. Co.

Case Details

Full title:LAWRENCE J. SPEIGEL, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF NEREIDA…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 25, 1977

Citations

341 So. 2d 832 (Fla. Dist. Ct. App. 1977)

Citing Cases

Florida Power Light Co. v. Lively

After the rendition of a panel opinion of this Court, an appropriate petition for rehearing and rehearing en…

McMillan v. State Highway Commission

Other jurisdictions have similarly held that a utility company is under no obligation to guard against…