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-   -   Duke Energy Golf Cart Path (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/duke-energy-golf-cart-path-207110/)

Dr Winston O Boogie jr 08-26-2016 06:39 AM

Quote:

Originally Posted by Rickg (Post 1277882)
No trespassing means no trespassing. I think Duke energy has protected themselves somewhat. Will they prosecute those who violate, that's yet to be seen

I doubt that anyone will be prosecuted. My thought is that Duke is simply protecting themselves against lawsuits resulting from someone being injured on their property while not creating a public relations nightmare for themselves.
Golf carts are still using the path every day. I'm sure that they are aware of this and have not taken measures to stop the traffic. Otherwise, they would have put up b arriers in order to prevent people from using the path.

graciegirl 08-26-2016 06:42 AM

Quote:

Originally Posted by rubicon (Post 1278300)
Steve Duke is exposed no matter what scenario you paint because an attorney, any attorney will go after Duke energy no matter what and draw them into a lawsuit. why because they are a big target (lots of $$$$$ to be had). Duke has some defense if they put up a fence but if they remain neutral or quiet on the subject a plaintiff attorney will argue that they have no claim of trespassing etc because they were lax in expressing their policies of protection against this attractive nuisance called a substation. Can't one envision the plaintiff attorney's argument now....Ladies and gentlemen of the jury this monolith of greed owning an instrument of death had the arrogance..... Bear in mind the requirements are greater burden in the case of attractive nuisance because well its an attraction

So from Duke's point of view this is both a public relations nightmare and a potential liability issue they need to effectively manage. If I was on their Board the decision would be an easy one and the implementation post haste. I wish I could say it ain't so but thems the facts

And well presented too.

I have learned so many things from your posts over time and I think it was you who used the term "red herring" and if I remember it right, I looked it up and it was about diverting the issue to another, or trumping up a portion of an argument.

Many have said that it is a huge issue that many cannot drive cars and closing that path would severely limit their ability to work and get to the doctor. I have great sympathy for that argument, but again refer to Billethekids constant argument that the needs of the majority are usually addressed for many good reasons. I wonder just how many would truly and honestly fit into the category of not being able to get to work or to the doctor if they explored all options. Moving? Learning to drive? Having two cars? Using a cab? Asking a friend or their church for help? Carefully managing their money?

I think it is convenient for many. There is the golf cart bridge that can take them to other doctors, other grocery stores. Of course I am talking about residents of The Villages as I type.

I think I will stop there. Haven't yet had my coffee.

I read many posts on this forum and continue to learn from the wisdom of others.

Nucky 08-26-2016 06:50 AM

Quote:

Originally Posted by Barefoot (Post 1278281)
Good advice, but it seems people will continue to poke the sleeping giant.

Quote:

Originally Posted by Allegiance (Post 1278294)

So I suppose the smart thing would be to use the path until someone gets charged with trespassing. Not the way I choose to operate. The Sleeping Giant's message is not Crystally Clear and neither are the posters on this thread. We are off the path for now awaiting further developments. Stupid would be not trying to find the answer to something that I have a question about.

Steve9930 08-26-2016 07:48 AM

Quote:

Originally Posted by rubicon (Post 1278300)
Steve Duke is exposed no matter what scenario you paint because an attorney, any attorney will go after Duke energy no matter what and draw them into a lawsuit. why because they are a big target (lots of $$$$$ to be had). Duke has some defense if they put up a fence but if they remain neutral or quiet on the subject a plaintiff attorney will argue that they have no claim of trespassing etc because they were lax in expressing their policies of protection against this attractive nuisance called a substation. Can't one envision the plaintiff attorney's argument now....Ladies and gentlemen of the jury this monolith of greed owning an instrument of death had the arrogance..... Bear in mind the requirements are greater burden in the case of attractive nuisance because well its an attraction

So from Duke's point of view this is both a public relations nightmare and a potential liability issue they need to effectively manage. If I was on their Board the decision would be an easy one and the implementation post haste. I wish I could say it ain't so but thems the facts

Yes, I totally understand legally what would happen if they were drawn into a lawsuit. Deep pockets are always a target. I worked on their end. But here is what makes me scream. Everything was great with crossing there. Not one problem. Now it was not the greatest route but it was a route. A few years ago someone started this because they had some damage to their cart and thought Duke should pay. That woke the beast. Now here you are trespassing, you damage your cart while you are trespassing, and believe its the owners fault and should pay for your damages, Really? I thought this was settled and faded back into the wood work. I'd like to know who and why they woke the beast up? If the path is closed it will definitely be an inconvenience to a lot of people. Yep, I understand their dilemma very well. Just lucky Mr. Brown is not a corporation or there would be no path at all.

Allegiance 08-26-2016 08:27 AM

Quote:

Originally Posted by Nucky (Post 1278322)
So I suppose the smart thing would be to use the path until someone gets charged with trespassing. Not the way I choose to operate. The Sleeping Giant's message is not Crystally Clear and neither are the posters on this thread. We are off the path for now awaiting further developments. Stupid would be not trying to find the answer to something that I have a question about.

You are certainly a "Law and Order" type person and I commend you.

rubicon 08-26-2016 12:05 PM

Quote:

Originally Posted by Steve9930 (Post 1278336)
Yes, I totally understand legally what would happen if they were drawn into a lawsuit. Deep pockets are always a target. I worked on their end. But here is what makes me scream. Everything was great with crossing there. Not one problem. Now it was not the greatest route but it was a route. A few years ago someone started this because they had some damage to their cart and thought Duke should pay. That woke the beast. Now here you are trespassing, you damage your cart while you are trespassing, and believe its the owners fault and should pay for your damages, Really? I thought this was settled and faded back into the wood work. I'd like to know who and why they woke the beast up? If the path is closed it will definitely be an inconvenience to a lot of people. Yep, I understand their dilemma very well. Just lucky Mr. Brown is not a corporation or there would be no path at all.

Steve: In a matter of speaking and offered with due respect "out of the mouth of babe's . The damaged cart claim is new information to me and information I believed was lurking in the background. I strongly suspected someone, somehow, made Duke Energy nervous.

I do have empathy for those residents both from Stonecrest and TV caught up in this fiasco but I also understand business and Duke would be wise to protect themselves

Steve9930 08-26-2016 01:44 PM

Quote:

Originally Posted by rubicon (Post 1278491)
Steve: In a matter of speaking and offered with due respect "out of the mouth of babe's . The damaged cart claim is new information to me and information I believed was lurking in the background. I strongly suspected someone, somehow, made Duke Energy nervous.

I do have empathy for those residents both from Stonecrest and TV caught up in this fiasco but I also understand business and Duke would be wise to protect themselves

The cart claim a few years back is what started this saga. That is why the fence went up the first time. I suspect that this path will eventually close. There are some people in Stonecrest who cannot drive for various reasons. These are the people who will be inconvenienced the most. Luckily they will still have access to Walmart. You can do just about anything around the house with access to Walmart. I on the other hand was looking for an excuse to buy one of the new Elios Automobiles. Now I may have one.

Rollie 08-27-2016 09:21 AM

I also heard about the cart owner wanting a settlement from Duke.

When the path was being improved I asked one of the workers if they had permission to make the improvements, and he stated he did.

Rollie

Bogie Shooter 08-27-2016 10:13 AM

If they had permission to improve the path, why now the sign. Something is missing.

dewilson58 08-27-2016 12:54 PM

Quote:

Originally Posted by Rollie (Post 1278931)
I also heard about the cart owner wanting a settlement from Duke.

When the path was being improved I asked one of the workers if they had permission to make the improvements, and he stated he did.

Rollie

The Duke Energy memo which was read to me, stated the improvements were unauthorized. FWIW

rubicon 08-27-2016 01:20 PM

Quote:

Originally Posted by Steve9930 (Post 1278567)
The cart claim a few years back is what started this saga. That is why the fence went up the first time. I suspect that this path will eventually close. There are some people in Stonecrest who cannot drive for various reasons. These are the people who will be inconvenienced the most. Luckily they will still have access to Walmart. You can do just about anything around the house with access to Walmart. I on the other hand was looking for an excuse to buy one of the new Elios Automobiles. Now I may have one.

Steve: IMHO if for health reasons a person's driver's license was revoked, taken away by a family member, etc it would seem to me that the cause for such action would also apply to a golf cart , especially a golf cart that could travel the streets.

Some may recall wherein a guy from Oxford took to running his golf cart on the multi-modal paths because his license was revoked due to sight issues. He ran down a pedestrian on the multi-modal path. there have been other accidents here attributed to health-related issues. I was at Aldi's this AM and noticed the constant cart traffic exiting the cart path behind the store. So apparently cart drivers in that area are not hampered?

The Viilages was specifically built for cart access accommodations. Each of us chose with an understanding of life's trade offs. I take no satisfaction in saying that or of people's potential remorse, especially at this late stage in our lives. It is simply stated as a fact. In that same vein people can choose again. It is not uncommon for residents here to buy more than once in The Villages.

I wish you the best.

Personal Best Regards:

Steve9930 08-27-2016 01:21 PM

Quote:

Originally Posted by dewilson58 (Post 1279048)
The Duke Energy memo which was read to me, stated the improvements were unauthorized. FWIW

So its the improvements that gave Duke Heart burn? What is written on the new signs exactly?

Villageswimmer 08-27-2016 03:05 PM

Quote:

Originally Posted by dewilson58 (Post 1279048)
The Duke Energy memo which was read to me, stated the improvements were unauthorized. FWIW

Sounds like the "permission" didn't come from Duke.

Steve9930 08-27-2016 04:00 PM

Quote:

Originally Posted by rubicon (Post 1279064)
Steve: IMHO if for health reasons a person's driver's license was revoked, taken away by a family member, etc it would seem to me that the cause for such action would also apply to a golf cart , especially a golf cart that could travel the streets.

Some may recall wherein a guy from Oxford took to running his golf cart on the multi-modal paths because his license was revoked due to sight issues. He ran down a pedestrian on the multi-modal path. there have been other accidents here attributed to health-related issues. I was at Aldi's this AM and noticed the constant cart traffic exiting the cart path behind the store. So apparently cart drivers in that area are not hampered?

The Viilages was specifically built for cart access accommodations. Each of us chose with an understanding of life's trade offs. I take no satisfaction in saying that or of people's potential remorse, especially at this late stage in our lives. It is simply stated as a fact. In that same vein people can choose again. It is not uncommon for residents here to buy more than once in The Villages.

I wish you the best.

Personal Best Regards:

I'm having a problem following your point?

Rollie 09-01-2016 09:08 AM

Any new updates?

Rapscallion St Croix 09-01-2016 11:17 AM

Quote:

Originally Posted by rubicon (Post 1279064)
Steve: IMHO if for health reasons a person's driver's license was revoked, taken away by a family member, etc it would seem to me that the cause for such action would also apply to a golf cart , especially a golf cart that could travel the streets.

Some may recall wherein a guy from Oxford took to running his golf cart on the multi-modal paths because his license was revoked due to sight issues. He ran down a pedestrian on the multi-modal path. there have been other accidents here attributed to health-related issues. I was at Aldi's this AM and noticed the constant cart traffic exiting the cart path behind the store. So apparently cart drivers in that area are not hampered?

The Viilages was specifically built for cart access accommodations. Each of us chose with an understanding of life's trade offs. I take no satisfaction in saying that or of people's potential remorse, especially at this late stage in our lives. It is simply stated as a fact. In that same vein people can choose again. It is not uncommon for residents here to buy more than once in The Villages.

I wish you the best.

Personal Best Regards:

Although one does not need a DL to drive a golf cart, one whose license has been revoked is not allowed to drive anything with a motor/engine.

Riccckkk 09-01-2016 12:01 PM

Are many people still using this path?

dewilson58 09-01-2016 01:42 PM

Yes. Shhhhhhhh

ColdNoMore 09-01-2016 02:01 PM

Quote:

Originally Posted by Rapscallion St Croix (Post 1281624)
Although one does not need a DL to drive a golf cart, one whose license has been revoked is not allowed to drive anything with a motor/engine.

Do you have some type of proof/link/statute saying that?

John_W 09-01-2016 02:18 PM

Quote:

Originally Posted by Rapscallion St Croix
Although one does not need a DL to drive a golf cart, one whose license has been revoked is not allowed to drive anything with a motor/engine.
Quote:

Originally Posted by ColdNoMore (Post 1281707)
Do you have some type of proof/link/statute saying that?

I can't help with the statue, but if you're a regular reader of the Sun like I am. At least once a month a golf cart driver, usually in the SS area, is arrested for driving a golf cart on a suspended or revoked driver's license. Usually they are in their 30's or 40's and are living with their parent or parents.

ColdNoMore 09-01-2016 02:25 PM

Quote:

Originally Posted by John_W (Post 1281713)
I can't help with the statue, but if you're a regular reader of the Sun like I am. At least once a month a golf cart driver, usually in the SS area, is arrested for driving a golf cart on a suspended or revoked driver's license. Usually they are in their 30's or 40's and are living with their parent or parents.

I can see it if it is a cart path on the side of a road or even in a neighborhood while driving down the street, but the statement read (or at least I took it to mean) that it would apply even on the MMP's.

That was my primary question.

John_W 09-01-2016 03:05 PM

Quote:

Originally Posted by ColdNoMore (Post 1281717)
I can see it if it is a cart path on the side of a road or even in a neighborhood while driving down the street, but the statement read (or at least I took it to mean) that it would apply even on the MMP's.

That was my primary question.

The word in TV is, on MMP the police will and can ticket for DUI but not speeding. They will even give out a DUI for sitting in your cart at the square with the engine off but drinking a beer. That doesn't answer your question, but to get to and from the MMP in the historic district wouldn't the driver have to navigate on the city streets for a some distance. So going to and from from path he would be under police jurisdiction regarding suspended license laws.

dewilson58 09-01-2016 03:51 PM

Quote:

Originally Posted by Rapscallion St Croix (Post 1281624)
Although one does not need a DL to drive a golf cart, one whose license has been revoked is not allowed to drive anything with a motor/engine.

Wow............not even my riding lawn mower in my yard??? Quite a reaching statement......I say BS.

Harry Gilbert 09-01-2016 04:01 PM

Florida revoked license statue

Statutes & Constitution
:View Statutes
:

Online Sunshine


Florida definition of a motor vehicle

Statutes & Constitution
:View Statutes
:

Online Sunshine


Taken from florida legislature definitions

(77) STREET OR HIGHWAY.—

(b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place;



(26) GOLF CART.—A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes.

kstew43 09-01-2016 04:22 PM

Quote:

Originally Posted by Riccckkk (Post 1281643)
Are many people still using this path?

when we made the long trip to Walmart from Fernandina last week......there were so many carts going to and from.

Everyone just past each other on the makeshift dirt road that doesn't add up to more than 2 football fields..IMHO in length, manuvering around some holes and making there way.

Rollie 09-10-2016 06:09 PM

Are people still using this path? Anyone been arrested?

Allegiance 09-10-2016 07:50 PM

Using it as usual. An additional 12mph sign was added exactly half way through that path.

chuckinca 09-10-2016 08:12 PM

I believe the 12 MPH sign(s) have been installed by the roadway builders - not Duke.

(with all the pot holes and ruts it would be hard to go any faster)(but it is still a major improvement over what was there before the roadway builders did their thing)

.

Nucky 09-10-2016 08:51 PM

The signs were never meant to discourage golf carts. The sign on the left is telling you to not go behind the fence into the 50 billion jiggawatt electrical contraption and the sign on the right is so if you get tempted to climb the fence to walk in the retention basin that you would not do it because both would be considered trespassing. The 12 MPH signs are yellow and bright and shiney and are there to advise everyone to not speed. A whole lot of nothing for nothing. There are several bags hung from telephone poles for trash so we may be good neighbors. Oh I almost forgot about the young fellow who cut me off, beat me back to the entrance gate to Country Club Hills and forgot his pass card and wanted to use mine....not a chance. He did use the one of a person behind us by trying to race several inches from the back of her cart....he almost made it...thankfully he didn't hit the nice lady but I'm sure he did $1000 worth of damage to his cart and mangled the gate. It clearly says one cart at a time. Boy was he heated. Free entertainment.

rustyp 09-11-2016 05:45 AM

Quote:

Originally Posted by Nucky (Post 1286693)
The signs were never meant to discourage golf carts. The sign on the left is telling you to not go behind the fence into the 50 billion jiggawatt electrical contraption and the sign on the right is so if you get tempted to climb the fence to walk in the retention basin that you would not do it because both would be considered trespassing. The 12 MPH signs are yellow and bright and shiney and are there to advise everyone to not speed. A whole lot of nothing for nothing. There are several bags hung from telephone poles for trash so we may be good neighbors. Oh I almost forgot about the young fellow who cut me off, beat me back to the entrance gate to Country Club Hills and forgot his pass card and wanted to use mine....not a chance. He did use the one of a person behind us by trying to race several inches from the back of her cart....he almost made it...thankfully he didn't hit the nice lady but I'm sure he did $1000 worth of damage to his cart and mangled the gate. It clearly says one cart at a time. Boy was he heated. Free entertainment.

FYI - one needs the pass card to exit from The Villages. If someone asks you to let them in coming from Lowes path they knew they had forgot their card before exiting.

rubicon 09-11-2016 05:57 AM

Quote:

Originally Posted by ColdNoMore (Post 1281717)
I can see it if it is a cart path on the side of a road or even in a neighborhood while driving down the street, but the statement read (or at least I took it to mean) that it would apply even on the MMP's.

That was my primary question.

The cart paths on roads are called diamond lanes. And if you drive enough of them you will determine that some car drivers can't resist but breach the white solid lines that divide the cart lane from the right car lane. This is especially true along Rio Grande, Delmar, etc.

A man killed in a traffic accident while driving a golf cart on Morse made a left turn from the diamond lane and was in a collision with a vehicle. This guy had a heart attack. I do not recall that the papers every reported if he died because of the accident or the heart attack.

The guy who had severe sight problems and was from Oxford was traveling on a multi-modal path and hit a pedestrian. As a result of this accident I contacted Community Watch and discussed the suggestion that The Village ought to issue village ID tags at the same time they issued ID cards . They told me back then that it was being discussed. Apparently someone felt it unnecessary or its still in discussion. I still believe it is a sound idea and one that is not that expensive and has many enforcement and identification benefits.

Clearly if a person has a medical condition such that driving a vehicle creates an increased hazard, the same as such causes as speed and the greatest in mind cause for accident " driver inattention" In fact health may be a greater cause for concern.

I had the unfortunate task of taking the car keys away from my mother when she developed Alzheimer's and what lessen the guilt for me is the thought that I was saving lives and /or suffering from injuries

Posters here obsess over carts that exceed 19mph even a mile mph or so but never give mention to the issue of a driver's mental and health situation which is of greater concern especially given The Village demographics .

So again I question the position of some who claim that one of the reasons they moved to TV is because if they pull their driver's license they can still travel in their cart. Perhaps? but then perhaps not? and along those lines remember the arguments given for seat belts

All of this brings us back to the liability created by carts trespassing on Duke energy's private property

Nucky 09-11-2016 07:10 AM

Quote:

Originally Posted by rustyp (Post 1286749)
FYI - one needs the pass card to exit from The Villages. If someone asks you to let them in coming from Lowes path they knew they had forgot their card before exiting.

I'm aware of this but I think you have to take each situation and measure the person making the request, I did and they didn't get access. I showed up once to exit thru that gate and realized I forgot my card. Did I just exit and hope for the best on the return trip....no I went back home and got my card..lesson learned. One cart one card, no exception unless I know them or am married to her.

rustyp 09-11-2016 08:27 AM

Quote:

Originally Posted by Nucky (Post 1286775)
I'm aware of this but I think you have to take each situation and measure the person making the request, I did and they didn't get access. I showed up once to exit thru that gate and realized I forgot my card. Did I just exit and hope for the best on the return trip....no I went back home and got my card..lesson learned. One cart one card, no exception unless I know them or am married to her.

Exactly - how were you going to get out without the card?

JoMar 09-11-2016 06:05 PM

Quote:

Originally Posted by rubicon (Post 1286752)
The cart paths on roads are called diamond lanes. And if you drive enough of them you will determine that some car drivers can't resist but breach the white solid lines that divide the cart lane from the right car lane. This is especially true along Rio Grande, Delmar, etc.

A man killed in a traffic accident while driving a golf cart on Morse made a left turn from the diamond lane and was in a collision with a vehicle. This guy had a heart attack. I do not recall that the papers every reported if he died because of the accident or the heart attack.

The guy who had severe sight problems and was from Oxford was traveling on a multi-modal path and hit a pedestrian. As a result of this accident I contacted Community Watch and discussed the suggestion that The Village ought to issue village ID tags at the same time they issued ID cards . They told me back then that it was being discussed. Apparently someone felt it unnecessary or its still in discussion. I still believe it is a sound idea and one that is not that expensive and has many enforcement and identification benefits.

Clearly if a person has a medical condition such that driving a vehicle creates an increased hazard, the same as such causes as speed and the greatest in mind cause for accident " driver inattention" In fact health may be a greater cause for concern.

I had the unfortunate task of taking the car keys away from my mother when she developed Alzheimer's and what lessen the guilt for me is the thought that I was saving lives and /or suffering from injuries

Posters here obsess over carts that exceed 19mph even a mile mph or so but never give mention to the issue of a driver's mental and health situation which is of greater concern especially given The Village demographics .

So again I question the position of some who claim that one of the reasons they moved to TV is because if they pull their driver's license they can still travel in their cart. Perhaps? but then perhaps not? and along those lines remember the arguments given for seat belts

All of this brings us back to the liability created by carts trespassing on Duke energy's private property

:agree:

dewilson58 09-11-2016 08:32 PM

Enjoy it while you can.

Be safe, be careful.

It's private property.

:popcorn:

circletrack 09-11-2016 09:11 PM

Quote:

Originally Posted by Nucky (Post 1286775)
I'm aware of this but I think you have to take each situation and measure the person making the request, I did and they didn't get access. I showed up once to exit thru that gate and realized I forgot my card. Did I just exit and hope for the best on the return trip....no I went back home and got my card..lesson learned. One cart one card, no exception unless I know them or am married to her.

I think they were supporting your decision.

Nucky 09-11-2016 09:15 PM

Quote:

Originally Posted by rustyp (Post 1286818)
Exactly - how were you going to get out without the card?

Since I was on the inside and don't look threatening anymore I considered momentarily asking for a favor from the next Villager, the next one who came thru didn't look like a likely candidate. I went home and did it the correct way.

daddys55 09-12-2016 05:24 AM

Why not leave well enough alone, keep pushing the envelope and you are going to screw it up for all

graciegirl 09-12-2016 07:22 AM

When is a property owner responsible for a trespassers injuries?
 
When is a Property Owner Liable for a Trespasser's Injuries? - AllLaw.com

Rollie 09-13-2016 06:20 AM

Just back from a summer in Wisconsin. Drove the path yesterday with no problems.

Rollie


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