RODRIGUEZ v. CITY OF CAPE CORAL

No. 65623.

468 So.2d 963 (1985)

Olivia RODRIGUEZ, Etc., Petitioner, v. CITY OF CAPE CORAL, et al., Respondents.

Supreme Court of Florida.

April 4, 1985.


Attorney(s) appearing for the Case

Sheldon J. Schlesinger, P.A., Fort Lauderdale, and Joel S. Perwin of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow and Olin, Miami, for petitioner.

Gerald W. Pierce of Henderson, Franklin, Starnes and Holt, Fort Myers, for respondents.


OVERTON, Justice.

This cause is before us on petition to review Rodriguez v. City of Cape Coral, 451 So.2d 513 (Fla. 2d DCA 1984), in which the district court held that neither the city nor its police officer could be held liable for the alleged wrongful death of Eddie Rodriguez who, while obviously intoxicated, was struck and killed by a motor vehicle. The petitioner, who is Rodriguez's widow, claims there is liability because...

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