COUDRY v. CITY OF TITUSVILLE

No. 82-886.

438 So.2d 197 (1983)

Diane M. COUDRY and Thomas Coudry, Her Husband, Appellants, v. CITY OF TITUSVILLE, etc., and Insurance Company of North America, Etc., Appellees.

District Court of Appeal of Florida, Fifth District.

October 6, 1983.


Attorney(s) appearing for the Case

Michael L. Reda of Cianfrogna, Telfer, Evans & Reda, P.A., Titusville, for appellants.

G.B. McVay Voght of Pitts, Eubanks & Ross, Orlando, for appellees.


COWART, Judge.

This case involves the question of whether under the facts of this case a city can be legally liable for injuries allegedly caused by a dangerous condition created in a city street by an independent contractor while constructing certain improvements under contract with the city and, if so, under what circumstances and what theory can the city be responsible.

In this case the city contracted with an independent contractor to construct certain...

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