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ATTORNEY COLLINS REPORTED TO THE BOARD ON A SUPREME COURT <br />CASE - COMMERCIAL CARRIER CORPORATION ET AL VS. INDIAN RIVER COUNTY. <br />THIS INVOLVES AN ACCIDENT WHICH TOOK PLACE SEVERAL YEARS AGO AT AN <br />INTERSECTION WHERE THE STOP SIGN HAD BEEN STOLEN AND THE LINE DRAWN <br />ON THE ROAD WAS WORN AND FADED OUT SO THAT NEITHER CAR HAD A GREAT <br />DEAL OF NOTICE THAT THEY SHOULD STOP. IT WAS A DEATH CASE, AND IT BEGAN <br />BY THE PARTIES SUING EACH OTHER. THE PARTY BEING SUED FILED AGAINST <br />THE COUNTY FOR INDEMNITY OF ANYTHING HE MIGHT HAVE TO PAY THE PLAINTIFF. <br />THE COURT DISMISSED THE COMPLAINT AGAINST THE COUNTY SAYING THE COUNTY <br />WAS IMMUNE FROM THAT TYPE OF ACTIVITY; IT WAS NOT A PROPRIETARY FUNCTION; <br />AND THE COUNTY HAD NO LIABILITY. THE SUPREME COURT OVERRULED THE <br />DISTRICT COURT AND CITED IN THEIR OPINION THAT THE MAINTENANCE OF A <br />TRAFFIC SIGN AT THE INTERSECTION AND THE TRAFFIC LINE CONSTITUTED <br />"OPERATIONAL LEVEL ACTIVITY" AND NOT "BROAD POLICY" AND RULED THAT THE <br />COUNTY DOES HAVE LIABILITY FOR MAINTENANCE OF STOP SIGNS, PAINTED SIGNS, <br />ETC. ATTORNEY COLLINS CONTINUED THAT THE COUNTY HAS LIABILITY UP TO <br />$50,000, AND ANYTHING OVER THAT, THE LEGISLATURE HAS TO AGREE TO PAY IT. <br />IN SOME CASES THE LEGISLATURE HAS DIRECTED THE COUNTY TO PAY THE ADDI- <br />TIONAL. HE NOTED THAT MAKING THE COUNTY RESPONSIBLE FOR THEIR MAINTENANCE <br />AND OPERATIONAL ACTIVITIES PUTS A COMPLETELY DIFFERENT BURDEN ON THE <br />COUNTY, AND MAKES THE COUNTY'S LIABILITY'EXPOSURE ASTRONOMICALLY HIGHER. <br />HE FELT THAT COUNTY EMPLOYEES NEED TO KNOW ABOUT THIS NEW STANDARD AND <br />THAT THE SHERIFF'S OFFICE SHOULD BE ADVISED TO REPORT ANY SIGNS THAT ARE <br />STOLEN, PAINTING THAT IS WORN, OR ANYTHING THAT LOOKS IN DISREPAIR. HE <br />ALSO FELT THAT THE COUNTY WILL HAVE TO BUDGET A GREAT DEAL MORE TO HAVE <br />CREWS THAT ARE DOING NOTHING BUT MAINTENANCE AND ALSO WILL UNDOUBTEDLY <br />GET A BIG BOOST IN INSURANCE COSTS. <br />ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT THE.SHERIFF'S <br />DEPARTMENT DOES CALL IN AND THE COUNTY CREWS ARE ALSO TOLD TO CALL IN <br />WHEREVER THEY SEE A SIGN DOWN OR MISSING. HE FELT THAT WE HAVE COME TO <br />THE POINT WHERE IT IS GOING TO BE NECESSARY TO ESTABLISH A COUNTY SIGN <br />DEPARTMENT. HE NOTED THAT THE CITY OF VERO BEACH MANUFACTURES THEIR <br />No <br />MAY 91979 p 40 PAGE 285 <br />