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CHENEY v. DADE COUNTY

No. 76-1655.

353 So.2d 623 (1977)

William Walden CHENEY and Travelers Insurance Company, Appellants, v. DADE COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

December 20, 1977.

Attorney(s) appearing for the Case

High, Stack, Davis & Lazenby and Alan R. Dakan, Miami, for appellants.

Carey, Dwyer, Cole, Selwood & Bernard and Steven R. Berger, Miami, for appellee.

Before PEARSON, NATHAN and HUBBART, JJ.

PEARSON, Judge.

The controlling question presented by this appeal is whether an individual may recover from a County for the County's negligent failure properly to maintain a traffic control device at a street intersection. The question requires the application of Section 768.28, Florida Statutes (1975), to the facts of this case. Section 768.28 is, in pertinent portion, as follows:

"768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation...

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