JERRY LAYNE ROGERS SR v. JULIE JONES FLORIDA DEPARTMENT OF CORRECTIONS (2017)

District Court of Appeal of Florida, First District.

JERRY LAYNE ROGERS, SR., Appellant, v. JULIE L. JONES, Secretary, FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

CASE NO. 1D16-1378

Decided: October 06, 2017

Jerry Layne Rogers, Sr., pro se, Appellant. Kenneth Steely, General Counsel, Department of Corrections, Tallahassee; Pamela Jo Bondi, Attorney General and Donna LaPlante, Senior Assistant Attorney General, Tallahassee, for Appellee.

Relying on this Court's decision in Green v. Cottrell, 172 So. 3d 1009 (Fla. 1st DCA 2015), the trial court dismissed a negligence action filed by Appellant Jerry Layne Rogers, Sr., as time-barred under the one-year limitation period of section 95.11(5)(g), Florida Statutes (2011). However, the Florida Supreme Court quashed our decision in Green, determining that the four-year statute of limitations under section 768.28(14), Florida Statutes (2011), governs actions where a prisoner alleges “physical injury due to the negligent or wrongful acts or omissions of the employees of a government entity.” Green v. Cottrell, 204 So. 3d 22, 29 (Fla. 2016). As such, Appellant's negligence claim should not have been dismissed under section 95.11(5)(g).^* We, therefore, reverse and remand this case for further proceedings.

FOOTNOTES

FOOTNOTE. We affirm the trial court's dismissal of Appellant's claim of medical malpractice as time-barred under section 95.11(4)(b), Florida Statutes (2011).

PER CURIAM.

ROBERTS, WINOKUR, and M.K. THOMAS, JJ., CONCUR.

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