Showing posts with label Chiquita Blvd. Show all posts
Showing posts with label Chiquita Blvd. Show all posts
Estate of Donald Joseph Fontaine and of Judy Lynn Scroggins - A most painful event
The Murders of Donald Joseph Fontaine and Judy Lynn Scroggins
A tragic accident, a most painful event and the CIA Cover-up connected to Colonel Oliver North air-traffic controller for Mena Airport.
Putting flowers on old best friends graves. RIP Donny Fontaine and Judy Scroggins. 41 years later and it's still sad.
CITY OF CAPE CORAL v. DUVALL
Nos. 81-2068 to 81-2071.
436 So.2d 136 (1983)
CITY OF CAPE CORAL, Appellant, v. Kathy Jean DUVALL, a Minor, by Her Father and Next Friend, William R. Duvall, Appellees. CITY OF CAPE CORAL, Appellant, v. Richard FONTAINE, As Administrator of the Estate of Donald Joseph Fontaine, a Minor, Deceased, Appellee. CITY OF CAPE CORAL, Appellant, v. Camita BEDDOW, As Administratrix of the Estate of Judy Lynn Scroggins, Appellee. CITY OF CAPE CORAL, Appellant, v. John Thomas TKAC and Angela Tkac, Appellees.
District Court of Appeal of Florida, Second District.
January 19, 1983.
Rehearing Denied February 22, 1983.
Attorney(s) appearing for the Case
Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellant.Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, Joe Unger, Miami and Joel D. Eaton and Joel S. Perwin of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellees.
RYDER, Judge.
The City of Cape Coral appeals from the final judgment awarding appellees damages for personal injuries. We reverse.
This action began as four lawsuits filed concerning an automobile accident occurring February 15, 1975 in Cape Coral. The plaintiffs/appellees are personal representatives of two parties killed in the accident, Scroggins and Fontaine, Kathy Duvall Ellis and her parents, as well as John Tkac and his wife. The plaintiffs/appellees brought suit against the City of Cape Coral, John Patrick McNally, Margaret McNally, Randall Industries, Inc., William Adkins and three insurance companies. The amended complaint alleges that all the plaintiffs were occupants of a taxicab struck in the rear by an automobile operated by McNally. The complaint alleges McNally had been stopped a few hours earlier by the Cape
[436 So.2d 137]
On appeal, appellant argues that the lower court erred in giving or refusing various instructions and in failing to direct verdicts on several grounds. We hold that the court erred in failing to instruct the jury on an applicable statute, and do not discuss the other issues raised.
Section 856.011(3), Florida Statutes (1981), provides as follows:
Upon appellant's request to so instruct the jury, the court ruled that the statute did not apply and refused the request. We hold that the statute could be applied to the facts below and that the lower court erred in refusing the instruction.
Additionally, during the pendancy of this appeal, this court has considered a case with nearly identical facts. In Everton v. Willard, 426 So.2d 996 , (Fla. 2d DCA 1983), we held that neither a county nor deputy sheriff may be held liable for the exercise of discretion not to arrest a drinking driver, when that driver subsequently causes injury. We adopt the holding and rationale of Everton, and hold that it precludes relief for appellees below.
Accordingly, the judgments below are vacated and the cases remanded for entry of judgment for appellant.
HOBSON, A.C.J., and CAMPBELL, J., concur.
