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DERRER v. PAULK

No. 85-2829.

514 So.2d 379 (1987)

Barbara DERRER and Thomas Derrer, Her Husband, Appellants, v. Linda Russell PAULK, Georgia Electric Company, Traffic Control Devices, Inc. and Bryant Electric Company, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 24, 1987.

Attorney(s) appearing for the Case

Joe Unger, Kopplow & Flynn, Miami, for appellants.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Miami, for appellees.

Before HUBBART, BASKIN and JORGENSON, JJ.

PER CURIAM.

The final summary judgment entered in favor of the defendant Traffic Control Devices, Inc. in this negligence action is affirmed because (1) the sole claim of negligence in this case is the defendant's alleged failure to fulfill its contractual duty to respond to all trouble calls and correct any malfunctions in a particular traffic control signal, and (2) the record affirmatively establishes, contrary to the plaintiff's contention, that the defendant...

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