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CHAMBERS v. FLORIDA PUB. UTIL. CO.

No. 78-1018.

374 So.2d 1164 (1979)

William D. CHAMBERS, Appellant, v. FLORIDA PUBLIC UTILITIES COMPANY et al., Appellees.

District Court of Appeal of Florida, Fourth District.

September 19, 1979.

Attorney(s) appearing for the Case

Cone, Owen, Wagner, Nugent, Johnson, Hazouri & Roth, P.A., and Larry Klein, West Palm Beach, for appellant.

Alan E. DeSerio, App. Section, Robert I. Scanlan, and H. Reynolds Sampson, Gen. Counsel, Tallahassee, for appellee, State of Florida, Dept. of Transportation.

BERANEK, Judge.

This is a plaintiff's appeal from the dismissal of a complaint against the State of Florida, Department of Transportation. The motion to dismiss was granted on the authority of Cheney v. Dade County, 353 So.2d 623 (Fla. 3d DCA 1977). This case held it was necessary to allege a special duty owed to the plaintiff different from that owed to the general public. The Supreme Court has now reversed the initial ...

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