Powell v. State, Department of Transportation

LAWRENCE, Judge.

Samuel B. Powell (Powell) was injured while riding his motorcycle on an allegedly defective sidewalk, on August 30, 1989, in Okaloosa County. The sidewalk is maintained by the Florida Department of Transportation (DOT). Powell’s complaint alleges that he was on the sidewalk “to give emergency assistance.” The trial judge granted DOT’s motion for summary judgment, holding that DOT owed no duty to Powell, and that Powell’s sidewalk-riding in violation of a statute1 was unforeseeable. Powell appeals.

We agree that DOT owed no duty to Powell and therefore summary judgment was…