WINTER PARK, Fla. — A woman is suing the city of Winter Park because she crashed into concrete barriers, but 9 Investigates discovered the city didn’t put them there.
A lawsuit filed last week against Winter Park assumed the city put up the barricades when the roads were closed for new development.
It’s based on a wreck a Maitland woman had nearly a year ago on Elvin Avenue between Bennet and Loren avenues.
“All of a sudden, I hit a concrete barrier, which I could not see. It was the same color as the road,” said Bette Hunting.
Hunting said the moment her airbag went off was the first time she realized something had blocked her way.
“It was fairly dark and it looked like the road. I couldn't see the road in front of my car,” said Hunting.
The city of Winter Park says it never put the barriers in the road.
A city spokesperson said the barriers were put up without a permit and an investigation is underway to find out who and why.
But for now, the barriers will stay.
“There’s a real question here as to whether the city even has liability under the circumstances,” said WFTV legal analyst Bill Sheaffer.
Sheaffer said the lawsuit could be dismissed based on the outcome of the investigation, but there’s also a chance the city could end up settling if it’s cheaper than fighting.
“I’m hoping to protect other people in the future from similar types of accidents,” Hunting said.
Channel 9 asked the developer of the land if he put the barriers up, but the developer has not returned any calls.
The city and Hunting’s attorney could not comment on pending litigation.