Luke v. Indian River County

In the underlying action, John Allen Luke sought to recover for personal injuries arising out of an automobile collision. One theory of recovery against Fellsmere Water Control District was that the accident was caused by the District’s breach of its duty to remove overhanging tree branches and shrubbery on the public right-of-way where the accident occurred. Such removal, it was alleged, would have provided operators of motor vehicles with an unobstructed view. An agreement between the District and Indian River County becomes a factor in determining whether one of those two entities must…