FELTNER v. FLUDER

No. 70-827.

252 So.2d 823 (1971)

Marcia K. FELTNER, Widow of Robert Miles Feltner, Deceased, Appellant, v. John David FLUDER et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 21, 1971.


Attorney(s) appearing for the Case

Jon I. Gordon and L. Edward McClellan, Jr. of Frates Floyd Pearson & Stewart, Miami, for appellant.

Howard Hadley and Geoffrey B. Dobson, Tallahassee, for appellee State of Florida Department of Transportation.


OWEN, Judge.

Appellant seeks review of an order dismissing with prejudice her amended complaint against the State of Florida Department of Transportation. We conclude that this was error and reverse.

The amended complaint alleged, among other things, that as a result of the negligent design, construction and maintenance of a certain state highway intersection a condition was created which on February 9, 1970, caused an automobile collision resulting in the...

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