Opinion
No. 81-1842.
August 3, 1982. Rehearing Denied September 24, 1982.
Appeal from the Circuit Court, Dade County, Lenore C. Nesbitt, J.
Magill, Reid, Kuvin Lewis and R. Fred Lewis, Miami, for appellants.
Peters, Pickle, Flynn, Niemoller, Stieglitz Downs and Nancy Schleifer and William J. Flynn, Miami, for appellee.
Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.
Finding that the defendant Greiner Engineering Sciences, Inc. has not carried its burden of conclusively showing the absence of a genuine issue of material fact as to its negligence in designing the median, or alligator island, adjacent to a tollbooth area on the Homestead Extension of the Florida Turnpike, and that a jury question is presented as to whether the harm caused the plaintiffs by the intervening force of a high-speed driver hitting the alligator island and being vaulted into a vehicle occupied by the plaintiffs was a reasonably foreseeable consequence of the design of the island, Gibson v. Avis Rent-A-Car System, Inc., 386 So.2d 520 (Fla. 1980); Leib v. City of Tampa, 326 So.2d 52 (Fla. 2d DCA 1976), we reverse the summary judgment entered in favor of Greiner.
Reversed and remanded.