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STATE, DEPT. OF TRANSP. v. VEGA

Nos. 81-821, 81-1353 and 81-1355.

414 So.2d 559 (1982)

STATE of Florida, DEPARTMENT OF TRANSPORTATION; Mireya Lopez and Allstate Insurance Company, Appellants, v. Orlando VEGA, a Minor, Mercedes Vega, a Minor, and Consuelo Vega, a Minor, by and through Their Natural Parents and Next Friends, Pilar Vega and Orlando Vega, and Pilar Vega and Orlando Vega, Individually, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 18, 1982.

Attorney(s) appearing for the Case

Vernis, Bowling, West, Montalto & Goodman and Richard N. Blank, Fort Lauderdale, McCormick, Bedford & Backmeyer and Thomas E. Backmeyer, Miami, for appellants.

Barranco & Kellough, P.A., and Steven Kellough, Miami, for appellees.

Before HUBBART, C.J., and SCHWARTZ and NESBITT, JJ.

NESBITT, Judge.

A vehicle operated by Mireya Lopez went out of control on an expressway, jumped the curb which formed the perimeter of the roadway and went down an embankment into plaintiffs Vegas' back porch, pinning Mrs. Vega under the wreckage. Mrs. Vega, joined by her husband for his derivative claim, brought a personal injury action against the Department of Transportation (DOT), for failure to install a guardrail; and Mrs. Lopez, for negligent operation of her...

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