Bailey Drainage District v. Stark

In Bailey Drainage District v. Stark, 526 So. 2d 678 (Fla. 1988), the personal representative of the estate of the deceased motorist filed suit against Broward County and the Bailey Drainage District alleging that the motorist's' view at the intersection was impeded by plant growth (brush and weeds) on the sides of the road which obstructed the driver's vision. On appeal, the Court held that " where a governmental entity knowingly maintains an intersection right-of-way which dangerously obstructs the vision of motorists using the street in a manner not readily apparent to motorists, it is under a duty to warn of the danger or make safe the dangerous condition." Id. at 681. As part of its analysis, the court wrote: "We reject the contention that the petitioners cannot be liable because the brush and weeds were a naturally occurring condition, not planted by the petitioners." Id. Moreover, the opinion concluded: "It is irrelevant whether the brush and weeds are actually located on the governmental entity's right-of-way or on privately owned property adjacent to the right-of-way. The relevant inquiry is whether the brush and weeds, wherever located, obstruct the view of motorists, creating a danger which is not readily apparent." Id. at 681-82.