Joyner v. Anderson Columbia, Co.
988 So. 2d 60 (Fla. 1st DCA 2008)
Two actions, both involving single vehicle accidents, were tried together. The accidents occurred at the same intersection within an 12 hour period. At issue was whether stop sign placement at an intersection was proper. The facts showed that the stop sign post was broken off at the bottom and that the sign had been placed back in the ground. Although the post was replaced after the second accident, it was unknown as to whether the sign was broken before the first accident, and it was clearly broken at the time of the second accident. The broken post made the stop sign too low and its low height necessitated the sign’s replacement. The stop sign was replaced three times over the weekend the accidents occurred. There was evidence that at the time of the first accident, the stop sign was placed approximately 8 feet from the side of the road, and evidence that at the time of the second accident, the sign was placed 18 feet from the side of the road. The trial court concluded that the stop sign was properly placed and clearly visible at the time of both accidents and entered a summary judgment in favor of the defense. The appellate court held that the trial court erred as a matter of law by granting summary judgment because the facts permitted different reasonable inferences and that such inferences provided grounds for a finding in favor of the plaintiffs.