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CLARKE v. FLORIDA DEPT. OF TRANSP.

No. BO-4.

506 So.2d 24 (1987)

Peggy Sue CLARKE, As Personal Representative of the Estate of Glen O. Clarke, Deceased, Appellant, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Brown and Root, Inc., and T.L. James and Company, Inc., Appellees.

District Court of Appeal of Florida, First District.

April 10, 1987.

Attorney(s) appearing for the Case

Samuel W. Bearman and Artice L. McGraw, of Cetti, McGraw, and Bearman, Pensacola, for appellant.

Franz Eric Dorn and A.J. Spalla, Gen. Counsel, Tallahassee, for appellee DOT.

Robert E. Gaines, of Beggs and Lane, Pensacola, for appellees Brown and Root, Inc. and T.L. James and Co.

BARFIELD, Judge.

Appellant challenges orders dismissing with prejudice both counts of a complaint for wrongful death arising from an accident in which it was alleged that the decedent's vehicle went through or over the guardrail of a bridge. We affirm the dismissal of the complaint against the contractors who constructed the bridge, but reverse the dismissal of the complaint against the Florida Department of Transportation (DOT).

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