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MILLER v. DEPT. OF HIGHWAY SAFETY

No. 88-257.

548 So.2d 880 (1989)

Elbridge H. MILLER, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fifth District.

September 14, 1989.

Attorney(s) appearing for the Case

Richard A. Manzo and Roy A. Praver, of Manzo & Praver, P.A., Titusville, for appellant.

Lee R. Muschott, of Muschott and Raikes, Fort Pierce, for appellee.

SHARP, Judge.

Miller appeals from a summary judgment in favor of the Florida Department of Highway Safety and Motor Vehicles. The judgment was ostensibly based on sovereign immunity under section 768.28 and Trianon Park Condominium Association, Inc. v. City of Hialeah, 468 So.2d 912 (Fla. 1985). We reverse.

Miller sued the Department and other defendants1 for injuries he received when...

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