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Florida Second DCA rules that trial court erred in granting summary judgment to defendant Pinellas County in a personal injury lawsuit alleging that the County negligently maintained roadway and failed to warn of dangerous condition

On March 25, 2020, in Brannick v. Pinellas County, No. 2D19-2422, the Florida Second DCA reversed a trial court ruling grant summary judgment to defendant Pinellas County in a personal injury lawsuit alleging that the County negligently maintained a roadway and failed to warn of a dangerous condition. The plaintiff alleged that he was injured when he fell from his bicycle while riding on “cracked, deteriorating and hazardous” pavement in a shoulder area of an intersection that contained a slope that was far steeper that that required by uniform minimum standards. The County successfully argued before the trial court that the plaintiff could not establish causation because he “blacked out” and could not remember how exactly the accident happened. The Second DCA quoted from its previous decision in Fiedler v. James, 971 So. 2d 256, 257 (Fla. 2d DCA 2008) for the principle that in moving for summary judgment, defendants in negligence actions do not meet their burden "merely by showing that the plaintiff is not sure what caused her damages." The Second DCA noted that causation issues are normally jury issues.

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