OPINION
FERNANDEZ, Judge.
The question presented in this appeal is whether the state can be held liable for the alleged failure of an off-duty highway patrol officer to take some type of action when he drove by a disabled vehicle that was partially parked on the travelled portion of a state highway. We find that a material fact issue exists and reverse the summary judgment granted by the trial court in favor of the state.
On August 13, 1981, Rebecca...
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