Florida District Courts of Appeal, 1985

Camerieri v. Department of Transportation

Camerieri v. Department of Transportation
Florida District Courts of Appeal · Decided September 12, 1985 · Shivers, Wentworth, Zehmer
475 So. 2d 731; 10 Fla. L. Weekly 2132; 1985 Fla. App. LEXIS 15822 (Southern Reporter, Second Series)

Camerieri v. Department of Transportation

Opinion of the Court

SHIVERS, Judge.

The appellant, plaintiff in the proceedings below, has appealed the trial court’s entry of final summary judgment in favor of the defendant/appellee, Department of Transportation. We reverse on the basis that the plaintiff’s deposition, which was considered by the trial judge, raises a genuine issue as to whether at the time and place of plaintiff’s accident there was any construction in progress of which the Department of Transportation was aware or should have been aware. Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

REVERSED and REMANDED.

WENTWORTH and ZEHMER, JJ., concur.

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