Feltner v. Fluder

OWEN, Judge.

Appellant seeks review of an order dismissing with prejudice her amended complaint against the State of Florida Department of Transportation. We conclude that this was error and reverse.

The amended complaint alleged, among other things, that as a result of the negligent design, construction and maintenance of a certain state highway intersection a condition was created which on February 9, 1970, caused an automobile collision resulting in the death of the plaintiff’s spouse while operating his motor vehicle on the highway. The motion to dismiss, and supplemental motion to dismiss,…