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ZUNIGA v. METROPOLITAN DADE COUNTY

No. 86-925.

504 So.2d 491 (1987)

Ana Isabel ZUNIGA, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

March 24, 1987.

Attorney(s) appearing for the Case

Beckham, McAliley & Schulz, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel S. Perwin, Miami, for appellant.

Robert A. Ginsburg, Co. Atty., and Thomas W. Logue, Asst. Co. Atty., for appellee.

Before HENDRY, NESBITT and PEARSON, JJ.

PER CURIAM.

We affirm the summary judgment in favor of Metropolitan Dade County upon a holding that even if, arguendo, the equipment maintained by the County malfunctioned so as to prevent traffic control signals from changing to the railroad pre-emption mode (the alleged reason why the plaintiff was unable to clear the railroad tracks and avoid the injury-causing collision), the County has conclusively shown that it had no actual or constructive notice of the malfunction...

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