TUCKER v. GADSDEN COUNTY

No. 94-2580.

670 So.2d 1053 (1996)

Teresa TUCKER and Tommy Tucker, Her Husband, Appellants, v. GADSDEN COUNTY, Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 17, 1996.


Attorney(s) appearing for the Case

Kevin J. Carroll and Michael P. Bruyere of Macfarlane, Ausley, Ferguson & McMullen, Tallahassee, for Appellants.

John C. Cooper and Gwendolyn P. Adkins of Cooper, Coppins & Monroe, P.A., Tallahassee, for Appellee.


BOOTH, Judge.

Appellants ("Tuckers") appeal the trial court's final judgment granting Appellee Gadsden County's ("County") summary judgment motion. We reverse and remand for further proceedings.

The Tuckers sued the County under theories of negligent maintenance and failure to warn, alleging that on January 3, 1993, in the face of headlights from oncoming traffic, Mrs. Tucker approached the right-hand shoulder of Rich Bay Road (a County-maintained dirt road...

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