LORANGER EX REL. LORANGER v. STATE, DEPT. OF TRANSP.

No. 82-1238.

448 So.2d 1036 (1983)

Timothy LORANGER, a Minor, BY and through Louis Loranger, His Father and Next Friend, and Louis Loranger, Individually, Appellants, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 9, 1984.


Attorney(s) appearing for the Case

William deForest Thompson, Fort Lauderdale, and Joel L. Kirschbaum of Esler, Kirschbaum & Gustafson, Fort Lauderdale, for appellants.

Timothy J. Payne of Conrad, Scherer & James, Fort Lauderdale, for appellee.


ANSTEAD, Chief Judge.

This is an appeal from a final summary judgment exonerating DOT from responsibility for injuries suffered by the minor appellant when he was struck by an automobile on the Florida Turnpike. We reverse.

Timothy Loranger, then two months shy of eight years of age and intending to go fishing, gained access to the turnpike by going through a hole under a fence erected by DOT to prevent access to the roadway. He apparently followed a worn...

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