Ken Talamine was seriously injured when the motorcycle he was riding struck a car driven by Ray Dupont at the intersection of Gulf to Bay Blvd and Nimbus Ave.  Talamine was westbound on Gulf to Bay Blvd and struck Dupont’s car when Dupont attempted to cross Gulf to Bay.  Gulf to Bay Blvd  has no traffic control device, but Nimbus Ave is controlled by a stop sign, which means that drivers on Gulf to Bay Blvd have the right of way.  Florida Statute 316.123, titled “Vehicle entering stop or yield intersection,” states that “except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.  After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.”

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