Barrett v. State, Department of Transportation

Appellants sued the appellee Department of Transportation following a single-car accident occasioned by appellants’ car striking a large pothole. At issue was whether the pothole had existed for a sufficient length of time to put the appellee on actual or constructive notice of its existence, such as might constitute negligence for its alleged failure to make timely repairs.

The trial court granted summary judgment in favor of the appellee. We reverse.

This case is almost on all fours with our sister court’s opinion in Martin v. Consolidated City of Jacksonville, 483 So.2d 804 (Fla. 1st DCA…