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HERNANDEZ v. CITY OF MIAMI

No. 3D09-1320.

35 So.3d 942 (2010)

Elvis HERNANDEZ, Appellant, v. CITY OF MIAMI and Florida Department of Transportation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied June 16, 2010.

Attorney(s) appearing for the Case

Theodore Dempster, for appellant.

Julie O. Bru, City Attorney, and Richard S. Otruba and John A. Greco, Assistant City Attorneys, for appellee, City of Miami; and Lydecker, Lee, Berga, & De Zayas, Onier Llopiz, and Joan Carlos Wizel, Miami, for appellee, Florida Department of Transportation.

Before RAMIREZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

Elvis Hernandez appeals from the trial court's order striking sham pleadings and dismissing a personal injury claim with prejudice. We reverse.

Hernandez sued the City of Miami ("the City") and Florida Department of Transportation ("DOT") for injuries sustained after falling into a defective storm drain on a City sidewalk. Hernandez's complaint alleged injuries to his left leg and back, and that he suffered exacerbation of a pre-existing condition...

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