KRISTEN MANN AND KRYSTLE CHALICH, APPELLANTS,
v.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLEE
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Florida appellate court reversed summary judgment in negligence action against Department of Transportation, holding that operational-level negligence claims involving creation of hazardous conditions are not barred by sovereign immunity and present factual disputes precluding summary judgment.
Operational-level negligence claims alleging creation of hazardous conditions are not barred by sovereign immunity, and factual disputes regarding the hazard's existence and the defendant's knowledge preclude summary judgment.
[1] Operational-level negligence claims alleging creation of hazardous conditions are not barred by sovereign immunity.
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Join FLexlaw to unlock all legal intelligenceAppellants were injured in a vehicular collision and sued the Department of Transportation for negligence, alleging the department created a hazardous…
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ALLEN, J.
The appellants challenge a summary judgment entered in their negligence action for damages sustained in a vehicular collision, with the trial court ruling that the claim is precluded by the appellee’s sovereign immunity. The appellants sought recovery on the theory that the appellee created a hazardous condition which led to the collision. The appellants further indicated that this involved a hidden danger with an illusion of safety, and that the appellee was aware of the hazard but failed to correct it or to warn of the danger. As explained in Department of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982), these assertions encompass an operational-level function to which sovereign immunity does not apply. See also, e.g., City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla.1982); Polk County v. Sofka, 803 So. 2d 751 (Fla. 2d DCA 2001), revietu denied 821 So. 2d 300 (Fla.2002). The appellants submitted depositions and affidavits with factual recitations supporting these assertions, and the appellee’s submission of countering affidavits raised a factual dispute which may not be resolved by summary judgment. See, e.g., Moore v. Morris, 475 So. 2d 666 (Fla.1985); Falco v. Copeland, 919 So. 2d 650 (Fla. 1st DCA 2006).
The appealed order is reversed, and the case is remanded.
WOLF, J., and ERVIN, III, RICHARD W., Senior Judge, concur.
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Citator
Cited By
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Bergmann v. Fla. Dep't OF Transp., 144 So. 3d 582 (Fla. 1st DCA 2014)…Neilson, 419 So. 2d 1071 (Fla. 1982), these assertions encompass an operational-level function to which sovereign immunity does not apply. See also, e.g., City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla.1982); Mann v. State Dep’t of Transp., 946 So. 2d 1246 (Fla. 1st DCA 2007); Polk County v. Sofka, 803 So. 2d 751 (Fla. 2d DCA 2001), review denied 821 So. 2d 300 (Fla.2002). Therefore, we reverse the order dismissing appellant’s complaint with prejudice and remand for further proceedings. WOLF, VAN…
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)
- City OF ST. Petersburg v. Collom, 419 So. 2d 1082 (Fla. 1982)
- Falco v. Carina Jean Copeland, 919 So. 2d 650 (Fla. 1st DCA 2006)
- Polk Cnty. v. Sofka, 803 So. 2d 751 (Fla. 2d DCA 2001)