BRIEN EX REL. BRIEN v. FLORIDA DEPT. OF TRANSP.

No. 87-2990.

538 So.2d 526 (1989)

Thomas BRIEN, a Minor by and through His Parents and Next Friends, Joy BRIEN and Norbert Brien, and Joy Brien and Norbert Brien, Individually, Appellants, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Fourth District.

February 15, 1989.


Attorney(s) appearing for the Case

Larry Klein of Klein & Beranek, P.A., West Palm Beach, and Chikovsky & Ben, Hollywood, for appellants.

Susan Horovitz Maurer of Panza, Maurer, Maynard & Platow, Fort Lauderdale, for appellee.


PER CURIAM.

Factual issues exist in the instant case which preclude the entry of summary judgment in favor of the appellee. However, no issue exists as to the fact that the roadway dropoff was a dangerous condition created by the appellee.

First, there is a genuine issue of material fact as to whether the roadway, having a ten to fifteen-foot dropoff at the end of the uncompleted pavement, was a "hidden danger." While the condition of the roadway might be...

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