In July, 2019, a state appellate court issued a written opinion in a Florida car accident case discussing whether the defendant, the City of Coral Gables, was immune from liability based on governmental immunity. Ultimately, the court concluded that the plaintiff’s evidence gave rise to a material fact that needed to be resolved by a jury. Thus, the court reversed the lower court’s decision granting summary judgment to the City.
According to the court’s recitation of the facts, the plaintiff was driving north on Ponce de Leon Boulevard, approaching the intersection with Navarre Avenue. As the plaintiff, who was riding a motorcycle, approached the intersection, he noticed another driver slowly approaching the intersection in the opposite direction.
The other driver initiated a left turn without yielding the right of way, leaving the plaintiff with no time to react. The plaintiff crashed his motorcycle into the right front fender of the other vehicle. The plaintiff was seriously injured as a result of the crash. The other driver stated that he could not see the plaintiff as he approached the intersection due to several palm trees that were in the center median.