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HINCKLEY v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS

No. 4D00-3770.

801 So.2d 193 (2001)

Susan Kent HINCKLEY, As Next Best Friend of Rebecca Hearthway, Appellant, v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, AAA Wheelchair, Wagon Service, Inc., d/b/a Ambulette of the Palm Beaches, Henry Mesidor, an individual, and ADP Totalsource Services, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

December 5, 2001.

Attorney(s) appearing for the Case

Ann Porath, Wellington, for appellant.

Dawn S. Wynn, Assistant County Attorney, West Palm Beach, for appellee, Palm Beach County.

WARNER, J.

This appeal arises from the trial court's dismissal of a negligence complaint, alleging that the County had a duty to provide safe transportation to a developmentally disabled patron. The court dismissed the complaint on the ground that the County could not be liable where it had contracted with an independent contractor to provide the services. Because we conclude that, having undertaken to supply transportation to the disabled, the County's duty to provide...

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