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PAIGE v. FLORIDA DEPT. OF TRANSP.

No. 86-1090.

502 So.2d 96 (1987)

Russell A. PAIGE, Appellant, v. FLORIDA DEPARTMENT OF TRANSPORTATION and Hubbard Construction Company, Appellees.

District Court of Appeal of Florida, Fifth District.

February 12, 1987.

Attorney(s) appearing for the Case

John N. Hamilton of Nance, Cacciatore & Sisserson, Melbourne, for appellant.

Roland A. Sutcliffe, Jr., and Heidi M. Tauscher, of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for appellees.

COWART, Judge.

This case involves the application of section 95.11(3)(c), Florida Statutes (1979), a statute of repose which was held unconstitutional in 1979, to a cause of action accruing in 1980.

In 1958, the State of Florida accepted a road constructed by a road contractor. On April 11, 1980, appellant Paige was injured in an accident on that road. In 1983, appellant filed an action against the road contractor and the State Department of Transportation...

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