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DEPARTMENT OF TRANSPORTATION v. BROOKS

No. BS-141.

517 So.2d 82 (1987)

DEPARTMENT OF TRANSPORTATION, State of Florida, Appellant, v. Evelyn S. BROOKS and Melvin Brooks, Appellees.

District Court of Appeal of Florida, First District.

December 17, 1987.

Attorney(s) appearing for the Case

George L. Waas, Asst. Atty. Gen., Tallahassee, for appellant.

Dawn Wiggins Hare, of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, for appellees.

THOMPSON, Judge.

The Department of Transportation (DOT) appeals an order of the trial court which granted appellees a new trial as to damages after DOT refused to accept an additur award. We reverse.

On October 1, 1983 a DOT bridgetender began raising his drawbridge while appellee Evelyn Brooks was crossing the bridge in her automobile. The car struck the gap in the opening bridge and Mrs. Brooks was slightly injured. In the ensuing action, DOT ultimately...

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