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MITCHELL MAINTENANCE SYSTEMS v. STATE, DEPT. OF TRANSP.

No. 82-2126.

442 So.2d 276 (1983)

MITCHELL MAINTENANCE SYSTEMS, A DIVISION OF LIFT-A-LOFT CORPORATION, a Foreign Corporation Doing Business in the State of Florida, Appellant, v. STATE of Florida DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, and Ilse Anne McGarvey, As Personal Representative of the Estate of William McGarvey, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 27, 1983.

Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Jones & Foster, P.A., West Palm Beach, for appellant.

David A. Danielson of Brennan, McAliley, Hayskar, McAliley & Jefferson, P.A., West Palm Beach, for appellee Department of Transportation.

ANSTEAD, Chief Judge.

This is an appeal from a final judgment granting the Department of Transportation indemnification from Mitchell Maintenance Systems for damages assessed against the D.O.T. arising out of the maintenance of lighting fixtures on I-95.

Mitchell contracted with the D.O.T. to maintain lighting fixtures on I-95 in Palm Beach County. These fixtures had concrete bases sunk into the ground. The poles themselves were designed to break away at ground...

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