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MIAMI-DADE COUNTY v. MERKER

No. 3D04-155.

907 So.2d 1213 (2005)

MIAMI-DADE COUNTY, Florida, Appellant, v. Manuel MERKER, etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 24, 2005.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade County Attorney, and Eric K. Gressman, Assistant County Attorneys, for appellant.

Ginsberg & Schwartz and Arnold Ginsberg; and Ratiner & Lagos, Miami, for appellee.

Before LEVY, C.J., and CORTIÑAS, and ROTHENBERG, JJ.

PER CURIAM.

The instant case arose from an accident involving a County transit bus upon which Ms. Merker was riding. Ms. Merker was wheelchair bound and rode the County transit bus to get to and from her job. The evidence reflects that on the day in question Ms. Merker's wheelchair was latched to the bus but that she was not wearing a bus lap belt. Instead, Ms. Merker was secured only by her wheelchair belt strap. The trial testimony reflects that a vehicle cut the...

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