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UNDERWRITERS AT LLOYD'S OF LONDON v. McCAUL

No. 3D06-1407.

949 So.2d 1137 (2007)

UNDERWRITERS AT LLOYD'S OF LONDON, Appellant, v. Ken McCAUL and Elaine McCaul, individually, and as Personal Representatives of the Estate of Leeann McCaul, Juan Mendoza, Florida Department of Transportation, and Tunjos Trading Co. Inc., Appellees.

District Court of Appeal of Florida, Third District.

February 28, 2007.

Attorney(s) appearing for the Case

Carlos A. Velasquez and Mara Shlackman, Plantation, for appellant.

Ver Ploeg & Lumpkin and R. Hugh Lumpkin and Michael F. Huber and Randall S. Goldberg; Panter, Panter & Sampedro and Mitchell J. Panter; Clark, Robb, Mason, Coulombe, Buschman & Cecere and James K. Clark, Miami, for appellees.

Before WELLS and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Leeann McCaul was killed when a car in which she was a passenger swerved off a roadway in Miami-Dade County, Florida, and struck a van owned by Tunjos Trading Company, Inc., parked on the side of the road while its employees were maintaining the area. Because the theory of liability stated in the ensuing wrongful death complaint was Tunjos' alleged negligent failure to place traffic cones on the roadway to warn of the presence of the work and...

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