SMITH v. METROPOLITAN DADE COUNTY

No. 76-115.

343 So.2d 653 (1977)

Tangela SMITH, a Minor, by Her Mother and Next Friend Delores Walker and Delores Walker, Individually, Appellants, v. METROPOLITAN DADE COUNTY, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 31, 1977.


Attorney(s) appearing for the Case

Kuvin, Klingensmith & Lewis, Coconut Grove, Gaine & Gaine, Miami, for appellants.

Stuart L. Simon, County Atty., and James G. Roth and James K. Kracht, Asst. County Attys., for appellee.

Before HENDRY, C.J., and PEARSON and HAVERFIELD, JJ.


PER CURIAM.

Plaintiffs appeal from a summary final judgment in favor of defendant, Dade County, in this personal injury action.

Prior to the date of the subject accident, the County removed a traffic control device located on the Northwest side of 22 Avenue just South of 69 Lane. However, the County failed to remove the base of the device and on October 14, 1974, while walking along the sidewalk, Tangela Smith sustained injury when the metal base penetrated...

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