Opinion
No. 92-0639.
March 17, 1993. Rehearing Denied April 16, 1993.
Appeal from the Circuit Court, Broward County, Harry G. Hinckley, Jr., J.
Robert Garven, Sunrise, for appellants.
Donald L. Brooks, North Palm Beach, for appellees.
The appellant, Larry Popejoy, was riding his bicycle on a sidewalk when an automobile, which was pulling into a driveway, struck him. We hold that under the facts and circumstances of this negligence case the trial court erred in failing to give requested instructions encompassing the following two statutes: Section 316.130(15), Florida Statutes (1989), and section 316.2065(10), Florida Statutes (1989).
Section 316.130(15), Florida Statutes (1989), provides as follows:
Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
Section 316.2065(10), Florida Statutes (1989), provides as follows:
A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.
Accordingly, we reverse and remand for a new trial. See Sotuyo v. Williams, 587 So.2d 612 (Fla. 1st DCA 1991); Mathieu v. Schnitzer, 559 So.2d 1244 (Fla. 4th DCA), rev. dismissed, 570 So.2d 1306 (Fla. 1990); Hammond v. Jim Hinton Oil Co., 530 So.2d 995 (Fla. 1st DCA 1988); see also Simmons v. Roorda, 601 So.2d 609 (Fla. 2d DCA 1992); Bradley v. Guy, 438 So.2d 854 (Fla. 5th DCA 1983).
REVERSED AND REMANDED.
STONE, J., and WALDEN, JAMES H., Senior Judge, concur.
FARMER, J., concurs specially with opinion.
I entirely agree with the court's reversal. In addition to the jury instructions on the two statutes specifically mentioned in the court's opinion, I would also require an instruction, as requested, on section 316.185, Florida Statutes (1991).