In a rather lengthy opinion released on October 20, 2010 the appellate court addressed a city's liability for an accident that occurred at an intersection with a malfunctioning traffic light.  The light normally controls the traffic on roads with up to 6 lanes going in one direction.  However, on the day of the accident, the light was flashing yellow for east-west traffic and was flashing red for north-south traffic.  The plaintiff proceeded through the intersection on the flashing yellow street and struck a car that went through the flashing red light.  Having settled with the driver of the car going through the flashing red light, the plaintiff sued the City in the case of Marion v. City of Boca Raton.

The City filed a motion for summary judgment based on several theories.  The trial court granted the motion in favor of the City based on one ground: the issue of whether the plaintiff could establish that the flashing light proximately caused the accident.   In reversing this ruling the 4th DCA found that the City's "failure to have an operable traffic signal at that intersection created a zone of risk posing a threat of harm to motorists willing to brave traversing it."  As to the issue of whether the driver with the flashing red light was an superseding intervening cause, the court found this to be an issue for the jury.

The 4th DCA went on to address the City's other grounds for summary judgment.  The City asserted that it was protected by sovereign immunity since it made a planning level function to control intersections with traffic signals.  When a city makes a planning level decision, sovereign immunity may shield it from any liability.  However, the plaintiff here alleged that the City failed to maintain an existing traffic control device.  This is an operational level function and the City would not be immune from the negligent performance of this duty.

The attorneys at Massey, Coican, Schuster & King are experienced in defending  municipalities and identifing the application of law under Planning Level Functions and Operational Level Functions.  If you have any questions regarding this appellate opinion or any other issue regarding workers' comp defense, insurance liability defense or appellate law, call us at (954) 527-3919.

Massey, Coican, Schuster & King.