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LUKE v. INDIAN RIVER COUNTY

No. 93-1088.

639 So.2d 1093 (1994)

John Allen LUKE, Appellant, v. INDIAN RIVER COUNTY, and Fellsmere Water Control District, Appellees.

District Court of Appeal of Florida, Fourth District.

July 20, 1994.

Attorney(s) appearing for the Case

William A. Norton, Searcy Denney Scarola Barnhart & Shipley, P.A., and Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellant.

Marybeth McDonald, Law Offices of Marybeth McDonald, Orlando, for appellee Fellsmere Water Control Dist.

PER CURIAM.

In the underlying action, John Allen Luke sought to recover for personal injuries arising out of an automobile collision. One theory of recovery against Fellsmere Water Control District was that the accident was caused by the District's breach of its duty to remove overhanging tree branches and shrubbery on the public right-of-way where the accident occurred. Such removal, it was alleged, would have provided operators of motor vehicles with an unobstructed...

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