Filing # 96159261 E-Filed [1993:2019 95:29:08 PM
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`IN THE CIRCUIT COURT [IF THE ELEVENTH JUDICIAL
`
`CIRCUIT IN AND FOR MIAMIrflADE CDUNTT, FLDRIDA
`
`CASE NO: 29l6r929283-CA-fll
`
`JAMES KNIFE and
`
`UllelA KNIFE, his wife,
`
`Plaintiff,
`
`v.
`
`MITCHELL’S LAWN MAWTENANCE CORP.
`
`and DEPUS I'I'UIIS IN SUMNCE CU MFANY,
`
`Delhndants.
`
`_."
`
`FLAINTIFFS‘ CDMPLIANCE WITH FRETRIAL [JRHER
`
`COME NOW, the Plaintiffs, JAMES KNIFE and VlLl'vIn KNIFE, his wife, by and through
`
`their undersigned attorneys. and file this,
`
`their Compliance with Pretrial Order, and state as
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`lbllows:
`
`1. Statement of Facts:
`
`On the evening Friday, August 26, Efllfi, the truck of Mitchell's Lawn Maintenance Corp,
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`driven by Antonio Azov, sustained a front passenger side flat tire while driving in the southbound
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`lanes of the Palmetto Expressway. There was construction work in the area so there was no road
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`shoulder, Rather titan driving on the flat tire to the next exit at Okeechobee Boulevard, Mr. Azov
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`stopped the truck in the righthand southbound active lane of traffic at nighttime.
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`'l'he Plaintiffs
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`allege that lvlr. Azov failed to activate the trucks" flashing lights and failed to Place warning cones
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`and triangles behind the truck.
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`It is also alleged that the Mitchell‘s truck faded to have reflector
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`tape on the rear as required by law.
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`James Knips was driving his Ford Explorer in the righthand southbound lane behind a box
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`truck. Suddenly, flte box track veered sharpl},r to the left, leaving insufficient time for James Knips
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`l
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`

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`to avoid impacting the stepped Mitchell’s truck. After the l’laintifis" Explorer clipped the left rear
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`comer of the Mitchell‘s truck, the Explorer went into a spin across tlte lanes of the southbound
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`Palmetto Expressway and was struck by two other vehicles.
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`The Plaintiffs" have alleged that the Defendant violated Florida Statutes §§316flfl and
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`Bldfifll in addition to Federal Regulations requiring the use of reflective tape on a truck of this
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`size.
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`James Knips. who was 55 years old at the time of the collision, suffered serious and life-
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`threatening injuries and was airlifted to the Jackson Trauma Center where he underwent surgery
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`which has been followed by other outpatient surgeries and lengthy rehabilitation which is ongoing.
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`The Defendant has raised a seatbelt defense. Mr. linips asserts he was wearing his scatbclt and
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`the physical evidence supports his testimony.
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`The Plaintiil's‘ claims are against both Miteheills and Depositors insurance Cotltpany, the
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`Plaintiffs” underinsured motorist carrier.
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`3. Specification of Plaintiffs' damages:
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`I Traumatic brain injury with bifrontal subgaleal hematonias,
`gliosis in the right
`temporal
`lobe, cognitive dysfunction
`including memory loss+ diminished executive functions and
`ataxia.
`
`1- Right femoral intertrochanterie fracture with extension into
`the shaft requiring surgery.
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`I Multiple rib fractures bilaterally (8}.
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`Ir Cervical fracture at (3-1
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`I Facial fractures ofthe nose and cheek bones bilaterally.
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`I Left scapular fracture.
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`I
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`I-
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`Posterior acetabular wall fracture.
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`Facial lacerations requiring approximately lllt'l stitches.
`2
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`

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`I
`
`-
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`Pneumothoraii.
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`Pulmonaryr contusion.
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`I Lett ankle surgery for stabilization of peroneal tendons with
`tibular groove deepening, treatment of osteochondral lesion
`left talus with curettage and drilling, left ankle artltroseopy
`and repair ofpcroneus brevis tendon.
`
`l
`
`e
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`Bod},r scarring from trauma and surgeries.
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`Intramuscular hematoma in the right quadriceps.
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`:- Anterior subluxation of the bilateral temporal mandibular
`joints.
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`I Concussion with loss of consciousness and amnesia for days.
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`I Emotional injuries.
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`The stipulated amount of reimbursable past medical bills amounts to $394,523.21].
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`These amounts may be updated through the date of trial at a later time.
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`3. Estimated length of Plaintiffs‘ trial testimony:
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`Eight {'8} days
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`4. Plaintiffs‘ triai witnesses:
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`a.
`
`James Knips
`3195 Eise ayne Island Terrace
`North Miami, FL 33-l ill
`
`Plaintiff will testify as to his recollection of the incident in suit, education, training and
`background, abilities and disabilities before and after the subject
`incident, his injuries and
`damages.
`
`b.
`
`Vill‘fla Knips
`3 | Eli Biscayne Island Terrace
`North Miami, FL. 33181
`
`Plaintiff will testify as to abilities and disabilities of her husband before and after this
`incident and how it has affected their lives. Also, her phone call with her husband ending before
`the collision.
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`

`

`c.
`
`Antonio Amy
`ltifiii SW Kent Avenue
`
`Fort St. Lucie, FL 34953
`
`Adverse witness expected to testify in conformity with his two depositions. Driver of the
`Miteheiiis tmelt.
`
`d.
`
`Kristina .i‘irtigas
`Florida Highway Patrol
`1351 nw 125'“ Sire-ct
`
`Miami, FL 33125
`
`Investigating police officer who will testify about her observations at the scene of the
`collision and the admission offlintonio Amy that he was not in his truck at the time of the collision.
`
`e.
`
`Adriana igelko
`Mitchell‘s Lawn Maintenance Corp.
`ci’o Mark D. fioldstcin, Esquire
`Conroy Simhcrg
`3443' Hollywood Boulevard
`i-ioiiywood, FL 33fl21
`
`testify about
`Co-onmet of Defendant, Mitchell‘s Lawn Maintenance Corp. who will
`Antonie Aeoy as an employee, the functioning of Mitchell's Lawn Maintenance Corn, and her
`knowledge of the subject incident.
`
`f.
`
`Mitchell Inellto
`Mitchell’s Lawn Maintenance Corp.
`et'o Mark D. lLioldstein, Esquire
`Conroy Sitnberg
`3440 Hollywood Boulevard
`i-Iollytvood, FL ESUEI
`
`Co-ownec’operator of Defendant, Mitchell‘s Lawn Maintenance Corp. who will testifyr
`about his knowledge of Antonio Azoy, 1Jie functioning of i’viiteheliis Lawn Maintenance Corn,
`observations at the incident scene on the night ofthe incident, his communications with Antonio
`Azoy on the night of the incident, and his knowledge of the incident which is the subject of this
`lawsuit.
`
`g.
`
`Daynara Maircna
`etc The Christmas Palace
`
`932a aw Tim Avenue
`Hialeah Gardens. FL 331315
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`

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`Employee of The |[Tltrislmas Palace, which is owned by Plaintiff, James Knips, who will
`testify as a before and alter witness,
`
`h.
`
`Cesar Perez
`
`et'o l[Carl Ward. Esquire
`Law Offices of Craig Goldenfarb, PA
`1 81313 South Australian Avenue
`Suite 4m]
`
`1West Palm Beach, FL 334i]?
`
`lvlr. Perez was a passenger in the car driven by his wile1 Liliana Sanchez, when their vehicle
`collided with the Plaintiff‘s vehicle.
`l'vlr. Perez will testify as to his recollections of the subject
`incident and his visit with James Knips at Ryder Trauma Center several days after the incident.
`
`i.
`
`Liliana lrma Sanchez
`
`el'o Carl Ward. Esquire
`Law Offices of IIZraig Goldenl'arb. PA
`lflflfl South Australian Avenue
`Suite 4th.}
`
`West Palm Beach. Fl- 334d?
`
`Ms. Sanchez was the driver of' one of the vehicles that made contact with the Plaintifl" 5
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`vehicle as it spun across the Palmetto Expressway. She will testifiy about her recollections ot‘the
`incident and the incident scene: and about her visit with her husband: Cesar Perez, to see James
`Knips at Ryder Trauma Center several days alter the collision.
`
`j.
`
`Garrett Schafer
`245 Dolores Street
`
`San Francisco, CA. 941133
`
`Garrett Sch-afar was an eyewitness to the subject incident. He was driving an ambulance
`southbound on the Palmetto Expressway and observed the collision. He stopped his ambulance
`and ran to the ear oflames Knips to render assistance to him. He will testify about his recollections
`of the incident. the incident scene. and the injuries oflames Knips that he could observe. He lives
`in California and will be testifying by video deposition and per stipulation oFthe patties.
`
`k.
`
`Danny Sleeman. Evil]
`Jackson Memorial Hospital
`is] l nw 12*“ Avenue
`
`Miami, FL 33136
`
`Dr. Sleeman is a trauma surgeon who provided care to James Knips following the subject
`collision. He is expected to testili}.r about the injuries of James Knips. his observations, diagnoses,
`treatment. and prognosis.
`
`i.
`
`Alexis Suarez
`
`Miami—Dado Fire Department
`
`UI
`
`

`

`soon NW 41'“ Street
`
`Miami. FL 33 lid
`
`Mr. Suarez was a first responder for Miami-Dado Fire Rescue at the scene. He will testify
`as to his observations at the accident scene1 his records, and his observations of the incident scene
`and the injuries and condition of James Knips at the scene.
`
`tn.
`
`Daniel Ludena y'alladares
`
`5029 NW 198““ Street
`
`Miami Gardens. FL
`
`Mr. Valladarcs was the driver oi" a vehicle that collided with the vehicle of James Knips as
`it spun across the Palmetto Expressway. He will testify about his recollections of the incident. the
`incident soene and photographs he took.
`
`a.
`
`Olga Maria Elorrotto Salinas
`2453 NW 1915‘ Street
`
`Miami Gardens. FL 3305i}
`
`Passenger in the car of Daniel Ludcna 1v'alladsu'es who will testify about her recollections
`of the incident and the incident scene.
`
`o.
`
`Mofolake Fatcru. RN
`Utmost Heaitltcare Services, lnc.
`111 NW 133 Street
`
`Suite 402
`
`Miami Gardens. FL 3316‘)
`
`Provided home nursing to James Knips al'ter his hospital discharge and will testiliy.r about
`her recollections of his condition and the nursing records she maintained.
`
`[3.
`
`Christie Casteilanos
`Knots and Knuckles Therapeutic Massage
`5301 SW 23‘" Street
`
`Miami, FL 33155
`
`Performed massage therapy for James Knips following the subject incident.
`to her observations of the condition of James Knips and the injuries she treated.
`
`1|i‘v‘ill testifiv as
`
`q.
`
`Rick A Swope. Phi} {EXPERT}
`Swope Reconstruction Corporation
`s21 I SW 2st Street
`
`Davie. FL 33323
`
`Dr. Swope is an accident reconstruction expert who has been deposed in this case. He will
`testify as to his analysis of the physical evidence. black box information. depositiom. vehicle
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`

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`inspections. accident scene inspections. records reviewed, and based on his training. education and
`experience. See Plaintiffs~ Expert ‘t‘t’imess Disclosure for timber details of his testimony.
`
`r.
`
`Marius: Ziejewslri, PhD {EXPERT}
`North Dakota State University
`sass so“ Avenue South
`
`Fargo, ND SS] [13
`
`lie will testify that James Knips was
`Dr. Eiejewski is a biomecharu'cal engineer expert.
`wearing his seatbelt at the time of the subject collision. Sec Plaintiff's’ Expert Witness Disclosure
`for further details of his testimony.
`
`s.
`
`Ira Morris, MES, CRC. CVE. CLCF {EXPERT}
`1321 SE Riverside Drive
`
`Stuart, FL 349%
`
`Ira Morris is a certified rehabilitation counselor and certified lifecare planner who has
`prepared a Lifecare Plan for James Knips. See Plaintiffs” Expert W has ss Disclosure and the report
`of Ira Morris for further details ol'his testimony.
`
`1.
`
`Joyce Eastridge. MBA. (EXPERT)
`Silt] South Magnolia Avenue
`Suite ltlfl
`
`Tampa. FL 336%
`
`Joyce Easn'idge is an economist who will give opinions as to the present money value of
`the anticipated Future medical care required by Mr. Knips. based upon the Lifeeare Plan prepared
`by lra Morris.
`
`11.
`
`Steven Steinlaufi MD {EXPERT}
`4'i'flfl Sheridan Street
`Suite H
`
`Hollywood. FL 33021
`
`Dr. Steinlauf is an orthopedic surgeon who has treated James Knips For left lower extremity
`injuries related to the subject collision and has performed surgery on his left lower extremity. He
`has been deposed. lie will testify as to the injuries of James Knips from the subject incident, the
`treatment he has rendered, his examinations, his prognosis. need For future medical care, and the
`costs oi" Future medical needs. See Plaintifl‘s’ Expert Witness Disclosure for further details.
`
`v.
`
`Kenneth Fischer. MD {EXPERT}
`tact NE 1231d Street
`
`Suite 3H
`
`North tvttrtmi= FL 33 t at
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`

`

`for his neurologie
`treated James tinips
`a neurologist who has
`is
`Dr. Fischer
`injuriesftraurnatie brain injtay related to the subject incident. He will
`testify that Mr. Knips
`suffered a traumatic brain injury as a result ofthe subject collision and will testify as to Mr. Knips'
`examinations, assessments, test results, radiographic interpretations, treatment, prognosis, billing
`and future medical needs and the costs thereof. See Plaintiffs: Expert Witness Disclosure and the
`deposition of Dr. Fischer for further details.
`
`w.
`
`Fernando 1|.iilella-l-Iernandez, MD {EXPERT}
`University of Miami Hospital
`132fl South Dixie Highway
`12'“ Floor
`
`Coral Gables, FL 33146
`
`Dr. 1v'ilella-i-Iernandea is an orthopedic surgeon who has cared for and performed surgery
`on the right femur of James Knips following the subject collision. He will testify as to his
`observations, the medical records, test resulLs and radiographs [to has reviewed and will explain
`the surgery he performed. He will also testify as to prognosis, future medical needs and the cost
`thereof. See Plaintiffs’ Expert Witness Disclosure for further details.
`
`5. Expert witnesses:
`
`See Plaintiff's" Expert Wimess Disclosure dated February 23, 21319 which includes all
`
`information required by Rule 1.251].
`
`d. Stipulations:
`
`a. The panics have stipulated that
`
`the total past medical biiis of James Knips are
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`$394,523.2fl
`
`h. The parties have stipulated that the video deposition of Garrett Schafer may he used at
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`trial even though Defendant, Depositors insurance Company was not yet a party to the case and
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`was not represented at the time of the deposition.
`
`e. Authenticity of medical records and medical bills of James Knips.
`
`d. The parties have stipulated to the admission in evidence of the cell phone records of
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`Antonio Amy, Mitchell Igell-to and Adriana lgelko.
`
`c. There should be no reference made in the presence of the jury to personal injury
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`elairnsflawsttits against .lantes Ktu'ps by any others involved in fire subject collision, including
`
`

`

`Antonio .itzov, Liliana Sanchez, Cesar Perez1 Daniel Ludena Valladares, andJor Glga Borrotto
`
`Salinas.
`
`7". Confirmation of settlement authority:
`
`The parties have previouslyr mediated this case to impasse. Both Plaintiffs and their
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`attontevs attended with full settlement authority. The parties have scheduled another mediation
`
`i'or lFletcher til, 2019.
`
`3. Juryr Instructions and Verdict Form:
`
`See Plaintifl's‘ proposed verdict iorrn andjurv instructions. attached. The}r have also been
`
`emailed in lit"ortl format to this Court.
`
`9. Plaintiffs’ Proposed Stipulatcd synopsis of the ease:
`
`At 8:06 pm. on Friday. August 215. Efllfi. the truck oi‘iviitchell‘s Lawn Maintenance Corp.
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`driven by Antonio Axe}; was stopped in the righth and southbottnd lane of the Palmetto Expressway
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`after having a flat tire. The vehicle driven by James Knips made contact with the Mitchell‘s Lawn
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`Maintenance Corp. truck, sending it into a spin across the highway where it was struck by two
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`other vehicles. James Knips and his wife= ‘r'ilma Knips, have sued Mitchell's Lawn Maintenance
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`Corp. and their own underinsurcd motorist insurance carrier. Depositors Insurance Company,
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`alleging negligence for failing to remove the Mitchell’s Truelt from the roadway and failing to
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`post required wanting devices. Mitchell’s Lava Maintenance Corp. and Depositors Insurance
`
`Company deny any negligence and claim that James Knips was himself negligent.
`
`1t}. Relevant case law pertaining to unique issues:
`
`a. Florida Statute § 315.0153 - crash report forms and Florida Statute § Slofldfi - writtetr
`
`reports of crashes. These statutes pertain to the issue of the admissibility oi“ the statements of
`
`Antonio Mo}? made at the accident scene to the investigating police officer. Kristina Artigas.
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`wherein he stated that he was not inside the vehicle at the time of the crash.
`
`9
`
`

`

`b. Flerida Statute § Elfifl'i'l — disabled vehicles abstracting traffic.
`
`e. Flnrida Statute § 316.3fll -- display efwarning lights and devices when vehicle is stepped
`
`er disabled. This statute requires that the driver efa truck stepped ttpen a readway immediately
`
`actuate vehicular bazard- warning signal lamps and display warning devices within ten minutes.
`
`d. United States Department ef ‘l'ranspanatien Federal Meter Carrier Safety
`
`.rtdniinistratien Regulation Seetien 393 .95: Emergency equipment an all pewcr units. This sectiert
`
`specifies that Lhc Mitchell‘s truck was required id have three bidirectienal emergency reflective
`
`triangles available en the truck.
`
`e. United States Department cf
`
`‘I‘ranspertatien Federal Meter Carrier Safety
`
`Administratien Regulatien Sectien 392-22: Emergency signals; stepped cerntnercial meter
`
`vehicles. This sectien requires a cemrnercial meter vehicle stepped upert the traveled pertien of
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`a highway to immediately activate the vehicular hazard warning signs] flashers and te place
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`wanting devices en the readway within ten minutes that specified intervals.
`
`I 1. Pending Marinas:
`
`lCnpies ef every pending metien including Metiens in Limine are attached.
`
`As to Mitchell‘s Metien in Limine regarding a biernechanical engineer being qualified te
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`effer epiniens as In causatien ef Plaintifi's injuries. the Plaintiffs attach the tellers-rag cases:
`
`Sweater! v. Drake. set seed sat (Fla. 4"" new 2005}
`
`Marries v. Far, 1% Se.3d 13:3 (Fla. 1*“ DCr-‘t 2D] ti]
`
`l2. Peremptery challenges:
`
`Three peremptery challenges fer the Plaintiffs and three peremptory challenges fer the twe
`
`Defendants cembined.
`
`ll}
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`

`

`13. Prnpusetl Number anurei-s:
`
`Due to the estimated length of this trial being turn and a half weeks, the Plaintiffs prepnse
`
`6E} jurers.
`
`WHEREFDRE, the Plaintiffs file their compliance with Pretrial Order.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a cup}; of the fnregning has been furnished via the Cnurt’s [£-
`
`flling Portal to all parties en the attached mailing list this £1 day of September, Zillil.
`
`AERAMGWITZ, POMERANTZ :5: MUREHEAD, PA.
`xi'!ffll"fle‘}’.ififl' Plaintiffs James and Films Knips
`'t'Eflfl W- Oakland Park Beulevartl, Suite 131
`Sunrise, Florida 3335]
`
`[954}5 1'2— Tlflfl Ere-ward
`(305)949-5' 1 {I'll Miami-D atle
`(954}T4E~fi483 Fax
`
`
`
`HOWARD L. PDMERANTZ,
`FEM: 23 l DUE
`
`] Inward-‘23.]:lnridalttitn'vLatw eraeetn
`Dnnna-filFlnrld alniun- Lawve rs.ennt
`13'Ieadingrs{El-Flni-ina|hint-rLearners.enntw
`
`11
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`

`

`MAILING LIST
`
`Howard L. Pomoranlz, Esq. — FEN: 231L102
`ABMMUWTTE, PDMERANTZ 3r. MDREHEAD, PA.
`"3313B W. Oakland Park Boulevard. Suite H11
`
`Sunrise, Flon'ds 3335]
`(954JSTE-TEUU Brownrd
`[3U5]949-T1UD Miami‘DodE
`[954}?43-6433 Fox
`HowardefflFloridfln'un'Laxworsm
`Do nos fitFlori doini um [omworsc o m
`lilondinosriilFlofidaInj un'Lao§=ers.con1
`Afiorflcfifor Pfofnrflj'i. James ti Fifum anps
`
`Thomas J. MoCouslsnd. Esq.
`Mark 1'}. Goldslein, Esq.
`CDNRDY 31MB ERG
`
`34411”! Hollywood Blvd. 2'“ Floor
`Hollywood: FL 33fl21
`(954)951—14flfl
`GENE-35??
`tmccauslsndlficonroysimbergxom
`mgloidsleingmoonroysirn berg .oom
`oson'icohwdrfi‘flonros'simhergfiom
`Aflomeysfor Defmdom, Mitchell’s Lo w Maintenance Corp.
`
`Rory Eric Jurman, Esq.
`Jill Mondolsohn, Esq.
`I-IWSHAW :5: CULBERTSDN. LLP
`ClnE: East Eroward Boulevard
`
`Suite 1 [H 0
`
`Fort Lsudsrdalo, FL 33313}
`
`(954}46T-T9flfl
`
`(9 54H fiT-l ()24
`'Iunnsnfihinshawlunmom
`jmond olsohnflhinshlawoom
`nlouisfiflhinshawlawoog
`Arronwfifor Deposfmrs Insurance Gunman}!
`
`

`

`Select Year:
`
`The 2o16 Florida Statutes
`
`Title XXIII
`MUTDR VEHICLES
`
`{lhagtel‘ 31f:
`STATE UNIFORM TRAFFIC CONTROL
`
`View Entire Chapter
`
`316.0?1
`
`Disabled vehicles obstructing traffic.mWhenever a vehicle is disabled on anyr street or
`
`highway within the state or for any reason obstructs the regular flow of traffic, the driver shall move the
`
`vehicle so as not to obsthct the regular flow of traffic or, if he or she cannot move the Vehicle alone,
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`solicit help and move the vehicle so as not to obstruct the regular flowr of traffic. Any person failing to
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`comply with the provisions of mis section shall he cited for a nonmoving 1.n'olation. punishable as
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`prm'ided in chapter 313.
`HIstary.—s. 4, ch. i5di‘1:ss. 1. 33, ch. ire-31; 5. son. ch. 95-143; s. 13, ch. eel-fie.
`Hate.— Former 5. 315.1031.
`
`
`
`

`

`Seiect‘fear: LEUFQI Go
`
`The 2016 Florida Statutes
`
`Title XXIII
`MOTOR VEHICLES
`
`Ch agter 31 E
`STATE UNIFORM TRAFFEC CONTROL
`
`1|fievv Entire Chapter
`
`sis,so1
`
`Display of warning lights and devices when vehicle is stopped or disabled.—
`
`[ii Whenever any truck, bus, truck tractor. trailer, semitrailer, or pole trailer on inches or more in
`
`overall width or so feet or more in overall length is stepped upon a roadway or adjacent shoulder, the
`
`driver shall immediately actuate vehicular hazard-warning signal lamps meeting the requirements of this
`
`chapter. Such lights need not be displayed by a vehicle parked lawfully in an urban district, or stopped
`
`lawfully to receive or discharge passengers, or stopped to avoid conflict with other traffic or to comply
`
`with the directions of a police officer or an official traffic control device, or while the devices specified
`
`in subsections {El-[8} are in place.
`
`[I]
`
`1Whenever any vehicle of a type referred to in subsection [1: is disabled, or stopped for more
`
`than in minutes, upon a roadway outside an urisan district at any time when lighted lamps are required,
`
`the driver of such vehicle shall display the following warning devices except as provided in subsection
`{3}:
`
`{a} Alighted fusee, a lighted red electric iantem, or a portable red emergency reflector shall
`
`immediately be placed at the traffic side of the vehicle in the direction of the nearest approaching
`traffic.
`
`lb} As soon thereafter as possible but in any event within the burning period of the fusee [15
`
`minutes}, the driver shall place three liquid-burning flares {pot torches}, or three lighted red electric
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`lanterns, or U’if‘E‘E portable red emergency reflectors on the roadway to the following order:
`
`1. One approximately loo feet from the disabled vehicle in the center of the lane occupied by such
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`vehicle and toward traffic approaching in that lane;
`
`2. One approximately 100 feet in the opposite direction from the disabled vehicle and in the center
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`of the traffic lane occupied by such vehicle; and
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`3.
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`|[line at the traffic side of the disabled vehicle not less than ill feet rearward or forward thereof in
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`the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable
`
`emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph {a},
`
`it may be used for this purpose.
`
`{3] Whenever any vehicle referred to in this section is disabled, or stopped for more than 10
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`minutes, within Elli] feet of a curve, hill crest, or other obstruction to view, the warning device in that
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`direction shall be so placed as to afford ample warning to other users of the highway; but in no case less
`than idtl feet nor more than soo feet from the disabied vehicle.
`
`{4} Whenever any vehicle of a type referred to in this section is. disabled, or stopped for more than
`
`in minutes, upon any roadway of a divided highway during the time lighted lamps are required, the
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`appropriate warning devices prescribed in subsections {2} and [5]: shall be placed as follows:
`
`{a} One at a distance of approximately EDD feet from the vehicle in the center of the lane occupied
`
`by the stopped vehicle and in the direction of tlaffic approaching in that lane,
`
`

`

`{b} Cine at a distance of approximately 1011] feet from the vehicle, in the center of the lane occupied
`
`by the vehicle and in the direction of traffic approaching in that lane.
`
`{c} One at the traffic side of the vehicle and approximately 1D feet from the vehicle in the direction
`
`of the nearest approaching traffic.
`
`{5}
`
`1lilihenever any motor vehicle used in the transportation of explosives or any cargo tank truck
`
`used for the transportation of any flammable liquid or compressed flammable gas is disabled, or stopped
`
`for more than 10 minutes. at any time and place mentioned in subsection [1}. subsection {3], or
`
`subsection {-4}, the driver of such vehicle shall immediately display red electric lanterns or portable red
`
`emergency reflectors in the same number and manner specified therein. Flares, fusees. or signals
`
`produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in
`this Subsection.
`
`{a} The warning devices described in subsections {Ii-[5] need not be displayed where there is
`
`sufficient light to reveal persons and vehicles within a distance of 1.ooo feet.
`
`{If}
`
`1|l'ifhenell'er any vehicle described in this section is disabled, or stopped for more than 1!] minutes,
`
`upon a roadvvay outside an urban district or upon the roadway of a divided highway at any time Iwhen
`
`lighted lamps are not required by 5. 3145.211 the driver of the vehicle shall display two red flags or two
`
`red portable emergency reflectors as follows:
`
`{a}
`
`If traffic on the roadway moves in two directions. one flag or reflector shall be placed
`
`approximately ‘ltltl feet to the rear and one flag or reflector approximately 100 feet in advance of the
`
`vehicle in the center of the lane occupied by such vehicle.
`
`lb) Upon a one-way roadway, one flag or reflector shall be pLaEEd atlprcrximatelyr till} feet. and one
`
`flag or reflector approximately Elli] feet, to the rear of the vehicle in the center of the lane occupied by
`such vehicle.
`
`[it]: When any vehicle described in this section is stopped entirely off the roadway and on an
`
`adjacent shoulder at any time and place hereinbefore mentioned. the warning devices shall be placed,
`
`as nearly as practicable, on the shoulder near the edge of the roadway.
`
`iii} The flares. fusees, red electric lanterns, portable red emergency reflectors and flags to be
`
`displayed as required in this section shall conform with the requirements of this chapter applicable
`thereto.
`
`{10}
`
`itviolation of this section is a noncriminal traffic infraction. punishable as a non moving violation
`
`as provided in chapter 313.
`History—s. 1. ch. THIS: 5. 1. ch. T's-31; ss. 1. 3. ch. 31-49: s. 114. ch. 99-143.
`Note. --For1ner s. lituflb.
`
`Copyright to 1995-1019 The Florida Legislature . Privacy Statement - Contact Us
`
`

`

`Federal Motor Carrier Safety Mnhlsholion. DOT
`
`5392.22
`
`can Ire eaielv operated. Whenever com—
`pliance r.Irith the foregoing provisions or
`this
`rule increases hazard to pae-
`aengers. the commercial motor vehicle
`masr be operated to the nearest point-
`at 1.Irliich the earetv of passengers in aa-
`cured.
`
`limo. 25. 1513. as amended aL to
`[33 FR 151732.
`FF. SST-ll. Jnls' 2'3. 190431
`
`§392JE Ifleaerved]
`
`fi-MJE Use nine-at beltn.
`
`ta] Eric-era. No driver shall operate a
`commercial motor vehicle. and a. motor
`carrier shall not require or permit a
`driver to operate a conunercial motor
`vehicle. that has a seat belt tuteemlilv
`installed at the driver‘s seat unless the
`driver is properly restrained by the
`seat belt assembly.
`to] Fora-enema. No driver shall operate
`a property-carrying commercial motor
`vehicle. and a motor carrier shall not
`require or permit a driver to operate a
`property-oarrrina' commercial motor
`vehicle. that has seat belt assemblies
`installed at the seats for other occu—
`pants of the vehicle unless all other oc—
`cnpants are properly restrained by
`such seat belt aseemhlies.
`
`[Hi Flt 311W. dime 7. 211111: til Flt tit-ET. Joly H.
`Mlfi'l
`
`§392JS Ifleaerved]
`
`Subptli C—Bloppad Commercial
`Motor Vehlcles
`
`lit 39130439121 IRachrvefll
`
`o};
`£392.32 Ema-r
`commie; motor
`
`ai
`
`ls;
`elea.
`
`stopped
`
`jot-alters.
`ca] Harare canning signal
`Whenever a commercial motor vehicle
`is stopped upon the traveled portion or
`a high-war or the ehoulder ot' a hishwar
`for any cause other
`than necessary
`traffic store. the onver oi' the fitohlied
`commercial motor vehicle shall imme—
`diatelr activate the reticular hazard
`warning signal
`flashers and continue
`the nah-mos until the driver places the
`warning devices required try paragraph
`{In of this section. The llaehim.r eln'nale
`shall he used during the time the warn—
`ine' devices are plotted up for storage
`hefore movement or the commercial
`motor vehicle. The flashing light-‘5 mar
`
`he used at other “men while a commer—
`cial motor vehicle is stopped in addi—
`tion to. out not in lieu of. the warnintt
`devices required by paragraph [h] or
`thie Hection.
`ch] Placement of morning «tenures—(1::
`Herrera! mic. Except
`ac provided in
`paragraph {hire} of this section. when—
`ever a commercial motor vehicle 1e
`stopped upon the traveled portion or
`the shoulder or a highway [or our
`cause other
`than necessary traffic
`stoDfi. the olive-r shall. as soon as noe—
`sihle. hut. in anz.r event within ill]
`Inin—
`thee. place the warning devicefi
`re-
`quired hv $93.95 or this snhchapter. in
`the t'oliowmg manner:
`ti] Cine on the traffic side of and 4
`paces [approximatelr 3 meters or
`1'3
`feet]
`from the stopped commercial
`motor vehicle ill.
`the direction or an-
`proachlng tral‘l‘ic:
`iii] fine at ‘1'] paces :aormximatelr 3-D
`meters or loll feeti from the stopped
`commercial motor vehicle iii. the cen—
`ter of the traffic lane or shoulder occu—
`Dieo. or the commercial motor vehicle
`and in the direction of approaching
`trai'iiciand
`:iii} Cine at to paces [approximately
`an metere or loll feet] from the fitotdieti
`commercial motor vehicle in the cen—
`ter of the traffic lane or ehoLUiler oct: Ll-
`pied hp the commercial motor vehicle
`and In the direction war from an-
`proachlng traffic.
`:2] Special ruler—iii f-‘rteeer and Hortic—
`harning flares. The driver or a commer—
`cial motor vehicle equiooeo 1With onlr
`insees or
`liquid-linrning flares shall
`place a lighted [lieee or liquid-Ilnrnine
`flare at each of the locations specified
`iii. paras-rant
`[hit]: of
`this section.
`There shall he at least one lighted
`[lieee or lio‘oid-hurninF-E flare at. each of
`the prescrihed locations. as long as the
`commercial motor vehicle is stopped.
`Before the stopped commercial motor
`vehicle 1e moved.
`the driver shall
`ex—
`tinguish and remove each fusee or liq—
`old-hurtling flare.
`:ii] Daylight hears. Except as provided
`in paragraph “Incl-{iii} of this section.
`dnling the period lighted lamps are not
`required. three bidirectional reflective
`triangles. or three lighted fnsees or liq—
`old-hurtling [lat-es shall he Blamed afi
`specified in paragraph [hitli of this sec-
`tion 1.vithin a time of lo minutes. In the
`
`465
`
`

`

`5392.24
`
`the driver elects to use onllr'
`event
`i'usees er liquid-burning flares in lieu of
`blilll’cotlflllal reflective triangles or red
`flags.
`the driver must ensure that at
`least one msee cr liquid-burning flare
`remains;
`lighted at each of
`the pre—
`scribed locations as long as the com-
`mercial motor vehicle Is stopped or
`parked.
`residential districts.
`tiiii Business or
`The placement of warning devices is
`not required within the business or res-
`idential district of a municipality. ex—
`cept during the time ligth lamps are
`l'erlilli'cd and when street 01' highway
`lighting is insufficient te mail-re a com-
`mercial
`motor
`vehicle
`clearly
`discernable at a. distance of 511d! feet to
`persons on the highway.
`:ivi Hilts. curves. and desire-arenas. 11' a
`commercial meter vehicle is stepped
`within dill] feet of a curve. crest of a
`hill. or ether obstruction to view.
`the
`driver shall place the warning signal
`required by paragraph [hair of this sec—
`tion in the direction of the obstruction
`to view a distance of lljfl feet to 513i} feet
`from the stepped commercial meter ve-
`hicle so as to afford ample warning to
`ether users of the highway.
`:v] Divided er one-nary reeds. Ifa com-
`mercial motor vehicle is stopped upon
`the traveled portion or the shoulder of
`a divided or one-way highwa.v. the driv—
`er shall place the warning devices re-
`quired by paragraph {hull of this sec-
`tion. ene warning device at a distance
`of on feet and one warning device at a
`distance of 101] feet in a direction te—
`vrard approaching traffic in the center
`of the lane or shoulder occupied by the
`commercial meter vehicle. He-‘she shall
`place one warning device at the traffic
`side of the commercial meter vehicle
`within 10 feet or the rear of the com—
`mercial meter vehicle.
`If
`tvi} Leaking.
`flammable material.
`gasoline or ans.r other flammable liquid.
`or combustible liquid or gas seeps or
`leaks from a fuel container or a com-
`mercial meter vehicle stepped upon a
`highway. no emergency warning signal
`producing a flame shall he lighted or
`placed except at such a distance from
`
`4'? CFR Ch. Ill ilfl-l-le Edlflon}
`
`auv such llilllid. or 12,515 as will afifidl’e
`the prevention era Eire er explosion.
`[fl'i‘ FR 11175. Aug. 25. WW. an amended at 4|]
`FR 19355. Mar.
`'i'. 1535; 1'!" FE. HEW. Oct. 23.
`13W: 16 FR filial. Dec. 23. 1%; 551' FR 34711.
`Julv G. 1591:613 FREE-Til. Juli“ 23.1995: ES FR
`3-1375. Junc- lil. 1M]
`
`carcass Emergency signals; flame-pre-
`dancing.
`Ne driver shell attach or permit any
`person to attach a lighted fusee or
`other flamehpreducing emergency sig—
`nal to any part of a commercial motor
`vehicle.
`
`lEI'i'ild. Dec. 25.
`[flit PH.
`Flt 33717. Juls' 28. 1%]
`
`lifliil. as amended at fil’J
`
`eBQBBE Flame producing devices.
`No driver shall use or permit the use
`of any flame-producing emergency sig-
`nal
`for protecting ans.r commercial
`motor vehicle transporting Division
`1.1. Division 1.2. or Division 1.3 explo—
`sives; ansr cargo tanlr motor v