The Law Office of Joseph S. Kashi, P.A.

Home of the Kashi Law Letter

  • Home
  • Joseph S. Kashi
  • Practice Areas
  • Kashi Law Letter Blog
  • Newsletter Archive
  • Contact Joseph S. Kashi

TORTS: WRONGFUL DEATH: NEGLIGENCE: TRAFFIC SIGNAL DESIGN: SLAVIN v. KAYE: TRIAL COURT PROPERLY SUBMITTED TO JURY ISSUES OF PATENCY OF DESIGN DEFECT AND ACCEPTANCE OF DESIGNER’S WORK

Case Decision Date: March 25, 2015 Reviewed by Joseph S. Kashi

McIntosh v. Progressive Design and Engineering, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D723 (Fla. 4th DCA March 25, 2015)

The plaintiff’s father died in an intersectional collision because of a confusing traffic signaling system. The jury found that the traffic signal designer was negligent but that the defect was patent and FDOT had accepted the work. As a result, judgment was entered for the designer under the doctrine of Slavin v. Kaye,108 So. 2d 462 (Fla. 1959), which holds that “a contractor is not liable for patent defects after acceptance of a construction project by the owner.” The appellate court affirmed. The trial court properly submitted to the jury the issues of the patency of the defect and acceptance of the work, and the verdict was supported by competent substantial evidence. “As between the parties to this construction project, FDOT was the entity to whom the design company owed its duty, because it controlled ‘acceptance’ of the design company’s work. In turn, Broward County controlled acceptance of FDOT’s work. At each step along the timeline, the party in control bore the burden of correcting patent defects because its control prevented anyone else from doing so.” “Slavin is necessary to place the burden of responsibility upon the entity that controls the environment.”

To read more briefs in the Torts: Negligence category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/torts/negligence/.

To read more briefs in the Wrongful Death category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/wrongful-death/.

Filed Under: KASHI LAW LETTER, Negligence, TORTS, WRONGFUL DEATH Tagged With: Torts: Wrongful Death: Negligence: Traffic Signal Design: Slavin V. Kaye, Trial Court Properly Submitted To Jury Issues Of Patency Of Design Defect And Acceptance Of Designer’s Work

Site Search

GET WEEKLY CASE LAW UPDATES

Sign up for our email newsletter.

Do I Have A Case?

Categories

  • ADMINISTRATIVE LAW (9)
  • APPEALS (872)
    • Certified Question (3)
    • Certiorari (277)
    • Florida Rules of Appellate Procedure (52)
    • Preservation of Error (28)
    • Prohibition (45)
    • Timeliness (58)
    • Writ of Mandamus (31)
  • ARBITRATION (158)
  • ATTORNEY'S FEES (308)
  • ATTORNEYS (23)
    • Disqualification (4)
  • Banking (2)
  • CIVIL PROCEDURE (1,519)
    • Discovery (208)
    • Florida Rules of Civil Procedure (194)
    • Judgment (567)
    • Jurisdiction (209)
  • CLASS ACTIONS (34)
  • COMMERCIAL LAW (6)
    • Corporations (5)
    • Partnerships (2)
  • CONSTITUTIONAL LAW (103)
    • Due Process (84)
  • CONSUMER LAW (46)
    • Consumer Collection Practices Act (9)
    • FDUTPA (21)
    • Lemon Law (4)
    • Truth In Lending Act (7)
  • CONTRACTS (152)
  • CREDITOR'S REMEDIES (50)
    • Bankruptcy (7)
    • Garnishment (15)
  • CRIMINAL LAW (200)
    • Florida Rules of Criminal Procedure (6)
  • EMPLOYMENT LAW (13)
  • ENVIRONMENTAL LAW (1)
  • ESTATE LAW (62)
    • Florida Rules of Probate (4)
    • Guardianship (21)
    • Probate (23)
  • EVIDENCE (347)
    • Florida Rules of Evidence (2)
    • Hearsay (111)
  • FAMILY LAW (166)
  • FLORIDA STATUTES (609)
  • INJUNCTIONS (175)
  • INSURANCE LAW (435)
    • Automobile Insurance (14)
    • Bad Faith (45)
    • FIGA (9)
    • General Liability Insurance (14)
    • Homeowners Insurance (124)
    • Life Insurance (8)
    • Medicare Health Insurance (1)
    • PIP (34)
    • Property Insurance (19)
    • Sinkholes (13)
    • Title Insurance (6)
    • Uninsured Motorist Coverage (39)
  • INTERNET / TECHNOLOGY LAW (3)
    • Social Media (1)
  • JUDGES (87)
  • KASHI LAW LETTER (3,729)
  • MEDIATION (17)
  • NURSING HOMES (36)
  • PERSONAL INJURY LAW (60)
  • PRODUCT LIABILITY (67)
  • PROFESSIONAL MALPRACTICE (127)
    • Legal Malpractice (15)
    • Medical Malpractice (56)
  • PUBLIC RECORDS LAW (16)
  • REAL ESTATE LAW (645)
    • Condominiums (55)
    • Homeowner's Association (10)
    • Landlord-Tenant (45)
    • Mortgage Foreclosure (433)
  • SANCTIONS (136)
  • SETTLEMENT (142)
    • Proposal For Settlement (79)
  • TORTS (726)
    • Economic Loss Rule (5)
    • Negligence (304)
    • Premises Liability (55)
    • Slip and Fall (36)
    • Sovereign Immunity (38)
  • TRIAL (137)
    • Verdicts (47)
  • Uncategorized (3)
  • VENUE (65)
  • VOIR DIRE (68)
  • Worker's Compensation (35)
  • WRONGFUL DEATH (125)

Archives

  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • January 2010
  • December 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
Law Office of JOSEPH S. KASHI, P.A.
151 North Nob Hill Road, Suite 218
Plantation, FL 33324
Tel: 954-364-3780 Fax: 954-364-3781

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Copyright ©Joseph S. Kashi, PA 2019 · Kashi Law Letter