DEPARTMENT OF TRANSP. v. STEVENS

Nos. 92-02090, 92-02094.

630 So.2d 1160 (1993)

DEPARTMENT OF TRANSPORTATION, Appellant, v. Nathan M. STEVENS, as personal representative of the Estate of Gary W. Stevens, Deceased, Appellee. DEPARTMENT OF TRANSPORTATION, APPELLANT, v. Doris M. SMITH, as personal representative of the estate of David Keith Smith, deceased, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 9, 1994.


Attorney(s) appearing for the Case

Thornton J. Williams, Gen. Counsel, and Thomas F. Capshew, Asst. Gen. Counsel, Tallahassee, for appellant.

Arnold R. Ginsberg, Perse, P.A. & Ginsberg, P.A., and Ratiner & Glinn, P.A., Miami, for appellees.


HAWORTH, LEE E., Associate Judge.

The Department of Transportation (D.O.T.) appeals from an adverse jury verdict awarding damages in a wrongful death suit brought by the personal representatives of the estates of Gary Stevens and David Smith. The decedents' claims were filed separately but consolidated for trial and appeal purposes.

The accident which resulted in the death of Stevens and Smith occurred February 12, 1989, at about 3:30 a.m. on the overpass...

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