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· 10/28/1994

DYKES BY DYKES v. City of Apalachicola

Citations

  • 645 So. 2d 50
  • 19 Fla. L. Weekly Fed. D 2295

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that McCain should be applied to determine whether a city was liable for trees and bushes obstructing view
  • holding that the test to determine whether city was liable for trees and bushes which allegedly contributed to an accident was whether defendant's conduct created a \foreseeable zone of risk\
  • holding that the test to determine whether city was liable for trees and bushes which allegedly contributed to an accident was whether defendant's conduct created a \foreseeable zone of risk\
  • characterizing the rule of Anglin as applicable “only when conduct obviously falls within ‘unusual, extraordinary or bizarre’ category”
  • reversing trial court's conclusion that driver's negligence in hitting a pedestrian constituted an intervening and superseding cause relieving the city of liability for allowing foliage to grow into the right-of-way
  • applying McCain to determine liability of city for trees and bushes along right-of-way obstructing view of motorists

Source: CourtListener parenthetical corpus (CC0).

Judges: Wolf

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.