HAYES v. CRITERION CORP.

No. 75-1573.

337 So.2d 1026 (1976)

Leayres HAYES, As Administrator of the Estate of Bruce L. Hayes, Deceased, Appellant, v. The CRITERION CORPORATION (formerly Known As Lamonte-Shimberg Corporation) et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 29, 1976.


Attorney(s) appearing for the Case

Bill Wagner of Wagner, Cunningham, Vaughan, May & Genders, Tampa, Robert Orseck of Podhurst, Orseck & Parks, and Susan Goldman, Miami, for appellant.

John R. Bush, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee Lamonte-Shimberg Corp.

Timothy F. Prugh and Benjamin H. Hill of Shackleford, Farrior, Stallings & Evans, Tampa, for appellee Hillsborough County.


GRIMES, Judge.

This is an appeal from a judgment entered upon a directed verdict for the defendants in a wrongful death action.

The accident which resulted in the death of Bruce Hayes occurred in a drainage ditch adjacent to a subdivision in which Bruce lived. The defendant, Criterion Corporation, had constructed the ditch at the time of developing the subdivision and then dedicated it to the public. The defendant, Hillsborough County, had accepted the ditch...

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