District Court of Appeal of Florida

Summary judgment for defendant-agency in a negligence action for damages sustained in a vehicular collision, based on a ruling that the claim was precluded by agency's sovereign immunity, is reversed where plaintiffs' assertions -- that agency created a hazardous condition which led to the collision, and involved a hidden danger with an illusion of safety, and that agency was aware of the hazard but failed to correct it or to warn of the danger -- encompass an operational-level function to which sovereign immunity does not apply.

Appellate Information

• Decided 01/25/2007
• Published 01/26/2007

Judges

• ALLEN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Peter A. Lynch of Lynch, Farrell & Hetman, PLLC, Albany, NY, for Appellants.


• For Appellees:
  
• Mitchell L. Feldman and Michael R. Bermann of Silver, Levy, Feldman & Bass, P.A., Tampa, for Appellee.