Harrison v. State Department of Transportation

District Court of Appeal of Florida

Harrison v. State Department of Transportation

619 So. 2d 17, 1993 Fla. App. LEXIS 5231, 1993 WL 152427

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1993

DocketNo. 91-3125

StatusPublished

This text of 619 So. 2d 17 (Harrison v. State Department of Transportation) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harrison v. State Department of Transportation, 619 So. 2d 17, 1993 Fla. App. LEXIS 5231, 1993 WL 152427 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

AFFIRMED.

WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur. ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge,

concurring specially.

I agree that the summary judgment in favor of appellee should be affirmed. DOT moved for summary judgment on the alternate grounds of sovereign immunity and lack of neglect. The record in this ease amply demonstrates without contradiction a lack of fault on the part of DOT as to the underlying tragic accident on an unfinished highway. DOT made an unrebutted affirmative showing of the care it took to block off the unfinished highway and to properly warn motorists of the closed highway. On the other hand, appellant failed to demonstrate any issue or evidence of neglect on the part of DOT. Accordingly, I cannot fault the trial court’s decision.

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PER CURIAM.

AFFIRMED.

WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur. ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge,

concurring specially.

I agree that the summary judgment in favor of appellee should be affirmed. DOT moved for summary judgment on the alternate grounds of sovereign immunity and lack of neglect. The record in this ease amply demonstrates without contradiction a lack of fault on the part of DOT as to the underlying tragic accident on an unfinished highway. DOT made an unrebutted affirmative showing of the care it took to block off the unfinished highway and to properly warn motorists of the closed highway. On the other hand, appellant failed to demonstrate any issue or evidence of neglect on the part of DOT. Accordingly, I cannot fault the trial court’s decision.

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619 So. 2d 17, 1993 Fla. App. LEXIS 5231, 1993 WL 152427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-state-department-of-transportation-fladistctapp-1993.