MARTIN LOVE, APPELLANT,
v.
CITY OF PEMBROKE PINES, A MUNICIPAL CORPORATION; CITY OF MIRAMAR, A MUNICIPAL CORPORATION; AND BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES

Fla. 4th DCA | 1987-09-09
No. 85-1327
ANSTEAD and DELL, JJ., concur., LETTS, J., dissents without opinion.
513 So. 2d 1284 Florida District Court of Appeal, Fourth District (1987) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed. In our view the record reflects an issue of fact as to whether the condition of the roadway was a legal cause of the accident in question and an issue of fact as to whether one or all of the appel-lees were responsible for the maintenance of the roadway at the time in question.

ANSTEAD and DELL, JJ., concur. LETTS, J., dissents without opinion.


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  • Maybin v. Thompson, 514 So. 2d 1129 (Fla. 2d DCA 1987)
    …question is generally for the jury. Weiss v. Jacobson, 62 So. 2d 904 (Fla.1953); Carroll v. Kencher, 491 So. 2d 1311 (Fla. 4th DCA 1986); Burroughs Corp. v. American Druggists, Inc., 450 So. 2d 540 (Fla. 2d DCA 1984); Love v. City of Pembroke Pines, 513 So. 2d 1284 (Fla. 4th DCA 1987). Because the court made no specific finding which would trigger operation of the sovereign immunity statute, we cannot say with certainty that there was no question of material fact or that the defendant city was entitled to judg…

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