The Good Samaritan Signaling Another Driver Through Backed Up Traffic
How many times have you been faced with a situation where you're backed up in traffic and someone either to your left in the median break or to your right in a business driveway looks at you with puppy eyes and telegraphs to you that they'd like to be let in to the traffic so that they can move across to the opposite side of the roadway? I, myself, have let many people in to the backed-up traffic in this very situation. However, when faced with cases where our clients are injured in this very type of situation, we have to analyze whether the Good Samaritan driver who is signaling the driver into the traffic has some responsibility in causing an accident that occurs and injures that signaled driver.
The Florida Supreme Court addressed this issue in 1987 in the case of Kerfoot v. Waychoff and the court stated that "an action undertaken for the benefit of another, even gratuitously, must be performed in accordance with an obligation to exercise reasonable care." The court further explained that if the Good Samaritan driver does not have a clear view of the situation behind them then they will not be held liable, however if they have the ability to observe the situation behind them clearly then they are held to a reasonable standard of care to the driver they have signaled in to the roadway. In the Kerfoot v. Waychoff case, the court found in favor of the Good Samaritan driver as it was determined that he did not have a clear view of the area behind him. Since that case however, the courts have ruled against the Good Samaritan driver where they had a clear view of the situation and failed to exercise reasonable care to the signaled driver. The court stated that the issue of fault on the part of the Good Samaritan driver should be allowed to go to the jury for a decision in this type of accident scenario.
Thus, as badly as you might feel not allowing someone into the backed up traffic, it probably isn't worth facing the potential risk of being found partially liable for an accident that could occur to the driver that you signaled into the traffic, who, thereafter is hit by a vehicle coming up from behind your car that did not see the driver entering the roadway.
Good Samaritans beware!
Friends of the Firm Raffle Drawing
In appreciation for your business and referrals, we are conducting
a Friends of the Firm Raffle
for a chance for 2 winners
to win 2 tickets each to:
Kenny Chesney - The Trip Around The Sun Tour
with Thomas Rhett, Old Dominion and Brandon Lay
Saturday, April 21, 2018 at Raymond James Stadium
All entries must be received by Thursday, April 5, 2018
and the drawing will be held on Friday, April 6, 2018.
The winners will be notified and can pick up tickets
at our office during normal business hours! Good luck!
*Reminder: 1 entry per person please
COMMUNITY CHARITY SPOTLIGHT
March of Dimes fights for the health of all moms and babies. We're advocating for
policies to protect them. We're working to radically improve the healthcare they receive. We're pioneering research to find solutions. We're empowering families with the
knowledge and tools to have healthier pregnancies. By uniting communities, we're
building a brighter future for us all.
When you join March for Babies you stand with thousands of people across the
country who share your commitment to building a brighter future for us all.
You raise money to expand programs and educate medical professionals to make sure
that moms and babies get the best possible care. You advocate for policies that prioritize their health. You fund research to find solutions to the biggest health threats. And you support moms through every stage of the pregnancy journey, even when everything
doesn't go according to plan.
March with us to lead the fight for the health of all moms and babies. Because when a
society supports every family, we all win. When we come together, even the toughest problems can be solved.
Walk to help more babies be born healthy!
Saturday, April 28, 2018
For more info:
Light and Crispy for Spring ~ Grilled Margherita Pizza
1 16 oz pre made pizza dough
1/4 cup olive oil
1/2 cup shredded Asiago cheese
1 cup shredded mozzarella cheese
3 large tomatoes, thinly sliced
Fresh basil leaves
Salt & pepper to taste
Preheat an outdoor grill for high heat, and lightly oil the grate. Place pizza dough in a bowl to rise 2 to 3 times the original size, about 1 hour. Flour a work surface and a rolling pin. Divide dough in half; roll each half to a 10- to 12-inch diameter circle. Place pizza dough rounds on the preheated grill and close lid; cook until grill marks appear on the bottom of each round, 3 to 5 minutes. Remove from grill and flip over on a work surface. Lower grill heat to medium. Brush each round with olive oil. Spread half the Asiago cheese on each crust; add tomatoes, basil, and mozzarella. Season with salt and pepper. Transfer pizzas to grill and close lid. Cook until bottom of rounds is cooked with grill marks and cheese is melted, 7 to 10 minutes. Remove from grill and let stand for 5 minutes before serving.
Submitted by Cindy P.
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Law Office of Charles S. Philips, PLC
Phone: (727) 494-2008
Fax: (727) 494-2009