Clarke v. Florida Department of Transportation

BARFIELD, Judge.

Appellant challenges orders dismissing with prejudice both counts of a complaint for wrongful death arising from an accident in which it was alleged that the decedent’s vehicle went through or over the guardrail of a bridge. We affirm the dismissal of the complaint against the contractors who constructed the bridge, but reverse the dismissal of the complaint against the Florida Department of Transportation (DOT).

It is understandable that the trial judge, presented with an ambiguous complaint which appears to merge two causes of action (design defect and failure to warn of a…