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514 So. 2d 379

514 So.2d 379

12 Fla.L.Weekly 2245

Derrer v. Paulk

District Court of Appeal of Florida

Decided September 15, 1987

District Court of Appeal of Florida · decided 1987-09-15

Relies on 254 So. 2d 368 - Wentz v. Independent Life & Accident Insurance

Decided 1987-09-15

PER CURIAM.

¶1The final summary judgment entered in favor of the defendant Traffic Control Devices, Inc. in this negligence action is affirmed because (1) the sole claim of negligence in this case is the defendant’s alleged failure to fulfill its contractual duty to respond to all trouble calls and correct any malfunctions in a particular traffic control signal, and (2) the record affirmatively establishes, contrary to the plaintiff’s contention, that the defendant fulfilled its aforesaid contractual duty, and, therefore, was not negligent in this case as a matter of law. See Wentz v. Independent Life & Accident Ins. Co., 254 So.2d 368, 369 (Fla. 3d DCA 1971).

¶2Affirmed.

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