Premer v. State, Department of Transportation

The appellant filed an action against the State Department of Transportation herein referred to as the Department, and against Dade County, for damages for personal injuries received when he fell on a sidewalk adjacent to Biscayne Boulevard in the vicinity of 110 Terrace, in an unincorporated *1220area of Dade County. Plaintiff alleged his fall was proximately caused by a defect in the sidewalk due to improper maintenance. The defendants answered, denying negligence and pleading contributory negligence. An initial jury trial of the case ended adversely to the plaintiff, and he appealed. On that…