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O'CONOR v. DEPARTMENT OF TRANSP.

No. 77-1323.

364 So.2d 84 (1978)

Frank O'CONOR and Alice O'Conor, His Wife, Appellants, v. DEPARTMENT OF TRANSPORTATION of the State of Florida, a State Agency, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 8, 1978.

Attorney(s) appearing for the Case

Spence, Payne & Masington, Podhurst, Orseck & Parks and Walter H. Beckham, Jr., Miami, for appellants.

Richard M. Welsh & Associates, Joe N. Unger, Miami, for appellee.

Before PEARSON and HENDRY, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PEARSON, Judge.

Following a jury verdict for the injured plaintiff, awarding him $100,000, the trial judge entered an order granting the motion of the defendant Department of Transportation for a directed verdict.1 From the final judgment entered thereon, the injured plaintiff and his wife bring this appeal.

On July 11, 1974, shortly after 1:00 a.m., plaintiff Frank O'Conor was proceeding home from work on his motorcycle. He was...

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