City of Live Oak v. Sargent-Sowell, Inc.
City of Live Oak v. Sargent-Sowell, Inc.
Opinion of the Court
This is a consolidated appeal concerning a vehicular collision which occurred at a traffic light in the City of Live Oak on 17 December 1975 between Richard Skipper and Robert Cross. The Skippers, father and son, filed suit against Cross and his insurer, the City of Live Oak and its insurer, Singer Manufacturing, and Sargent-So-well, Inc. The City cross-claimed for indemnity against the manufacturer, Singer, and the distributor, Sargent-Sowell, but later dropped Singer from its cross-claim.
At trial both Richard Skipper and Cross claimed they had a green light at the time of collision. There was evidence that the change period of the traffic light was so short and fast as to pose a traffic hazard. There was also evidence that the potential hazard posed by the light’s operations had been recognized by City residents and at least two City policemen since its installation approximately eight to nine months prior to the Skipper/Cross accident. The City maintained that it installed the light as received, relying on the representations of the distributor, Sargent-Sowell, but conceded that it, the City, had not complied with sections 316.008 and 316.131, Florida Statutes (1975), by conforming the traffic signal to uniform safety standards and by obtaining state certification and approval prior to installation.
Before the Skippers’ case went to the jury, they settled with Singer and Sargent-Sowell for $75,000 and $150,000 respectively. At the close of the evidence, on Sargent-Sowell’s motion, the trial court directed a verdict for Sargent-Sowell on the City’s cross-claim for indemnity on the ground that under Florida law there can be no indemnity between tortfeasors. The jury returned a verdict finding negligence of 25% by Richard Skipper, 25% by Cross, 50% by the City, and that the Skippers had suffered damages of $130,000. .
Several days after the jury verdict, it was discovered that certain proffered evidence, denied by the trial court out of the hearing of the jury, had been inadvertently sent to the jury. This evidence consisted of two traffic accident reports purportedly prepared by City Police Officer Bosserman, who investigated the accident. The reports were the same except that the second report deleted Bosserman’s comment that the faulty operation of the traffic light contributed to the accident.
Following the discovery of the jury’s receipt of the two traffic reports, the Skippers timely moved for a new trial and for permission to interview the jurors in order to determine any prejudice resulting from their consideration of the reports. Although the trial judge recognized that submission of the reports to the jury was error, both motions were denied.
Under Florida law indemnity can only be applied where the party seeking indemnity is solely, constructively, or derivatively liable. There can be no indemnity between joint tortfeasors. See Houdaille Industries, Inc. v. Edwards, 374 So.2d 490, 493 (Fla. 1979). The City’s theory that the jury might have found liability predicated solely upon the City’s ownership of the light is refuted by the record evidence. City officials testified that the traffic light was installed without complying with sections 316.008 and 316.131, Florida Statutes (1975). There was uncontradieted evidence that at least two City police officers were aware of the faulty operation of the traffic light well before the accident, and that the City continued to operate this instrument despite its known hazard. Even when the evidence is viewed in the light most favorable to the City, it is nevertheless obvious that any liability the City might incur could not, on the record, rest solely upon a theory of imputed or constructive negligence. Thus, there was no factual issue for the jury to resolve concerning indemnity, and the trial court did not err in directing a verdict. See Furr v. Gulf Exhibition Corp., 114 So.2d 27, 29 (Fla. 1st DCA 1959) and Ellen wood v. Southern United Life Insurance Co., 373 So.2d 392, 395 (Fla. 1st DCA 1979).
The Skippers contend on appeal that the jury verdict was contrary to the weight of the evidence in finding that Richard Skipper was negligent and the Skippers suffered only $130,000 in damages; that the trial court erred in denying the motion to interview jurors on their consideration of the improperly submitted traffic reports; and that the trial court erred in not granting a new trial when there was clear error in submitting the traffic reports to the jury. Appellees Cross and City cross-appeal the refusal of the court to offset the settlement by Singer and Sargent-Sowell against the attorney’s fees and costs awarded to the Skippers.
We find error in the trial court’s denial of the Skippers’ motion for a new trial. In denying the motion, the trial court acknowledged that submitting the two traffic reports to the jury was clear error. The court found the error harmless inasmuch as the jury returned a verdict for the Skippers on the liability issue and awarded damages in an amount completely offset by the Singer/Sargent-Sowell settlement. We are persuaded that the contents of the traffic reports and the improper manner in which they were received by the jury were so damaging to the Skippers’ claim as to have precluded a fair and impartial trial. We note first that both reports contain the unfounded conclusion of the investigating police officer that Skipper was at fault for failing to notice the traffic signal change from green to red. Because the evidence properly submitted on this issue consisted entirely of the contradictory claims of Richard Skipper and Cross that each had the
AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.