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POWELL v. STATE, DEPT. OF TRANSP.

No. 92-4301.

626 So.2d 1008 (1993)

Samuel B. POWELL, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 6, 1993.

Attorney(s) appearing for the Case

Michael A. Jones of Powell, Jones & Reid, Niceville, for appellant.

Ray P. Pope, Pensacola, for appellee.

LAWRENCE, Judge.

Samuel B. Powell (Powell) was injured while riding his motorcycle on an allegedly defective sidewalk, on August 30, 1989, in Okaloosa County. The sidewalk is maintained by the Florida Department of Transportation (DOT). Powell's complaint alleges that he was on the sidewalk "to give emergency assistance." The trial judge granted DOT's motion for summary judgment, holding that DOT owed no duty to Powell, and that Powell's sidewalk-riding in violation...

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