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DEPARTMENT OF TRANSP. v. ROSARIO

No. 2D99-2584.

782 So.2d 927 (2001)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Errol ROSARIO, Appellee.

District Court of Appeal of Florida, Second District.

March 23, 2001.

Attorney(s) appearing for the Case

David H. McClain of McClain & Associates, P.A., Tampa, for Appellant.

James W. Holliday and Timothy F. Prugh of Prugh and Associates, P.A., Tampa, for Appellee.

PER CURIAM.

The Florida Department of Transportation (DOT) appeals from the trial court's order granting a new trial in this personal injury action. DOT argues that the record supports the jury's finding of no damages as a result of the accident and, therefore, the trial court erred in overturning the verdict. We agree and reverse.

On May 22, 1997, the appellee, Errol Rosario, was stopped in traffic on State Road 60 in Brandon when his vehicle was struck in...

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