MARVIN HASPIL AND LEE HASPIL, HIS WIFE, APPELLANTS,
v.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, AND AGENCY OF THE STATE OF FLORIDA, DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed summary judgment granted on sovereign immunity grounds, holding that recent Florida Supreme Court precedent eliminated that defense in negligence actions involving known hazardous conditions on public roads.
Sovereign immunity does not bar negligence claims for failure to warn of or repair known hazardous conditions on public roadways.
[1] Sovereign immunity does not bar negligence actions against the state or its political subdivisions for failure to warn of or repair known hazardous conditions on public r…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellants were injured due to a hazardous condition on the westbound lanes of the Coral Way overpass of the Florida Turnpike extension, and appellees…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Duty To Maintain cases and more on FLexlaw
KEHOE, Judge.
Appellants, plaintiffs below, bring this appeal from an order entered by the trial court granting appellees’, defendants below, motions for summary judgment in an action for active negligence involving appellees’ alleged failure to warn appellants of a known hazardous condition on the westbound lanes of the Coral Way overpass of the Florida Turnpike extension and their failure to repair, replace, and maintain any warning apparatus at this location after knowing of the probability of injury.
The record reflects that appellees’ motions for summary judgment were granted by the trial court on the grounds of sovereign immunity and no special duty owed to appellants. At the time these motions were granted, the trial court did not have the benefit of the Supreme Court of Florida’s decision in Commercial Carrier Corporation v. Indian River County, 371 So. 2d 1010 (Fla.1979); or our decision in Welsh v. Metropolitan Dade County, 366 So. 2d 518 (Fla. 3d DCA 1979).
Pursuant to the reasoning propounded in these recent cases, in our opinion, the trial court erred in granting appel-lees’ motions for summary judgment on the grounds set forth above.
Accordingly, the order appealed is reversed and the cause is remanded for further proceedings consistent with this opinion and the authorities cited herein. Upon remand, the trial court may properly entertain any appropriate motions by the parties for summary judgment or other relief on other grounds, e. g., no duty to maintain the roadway, etc.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
CSX Transp., Inc. v. Pasco Cnty., 660 So. 2d 757 (Fla. 2d DCA 1995)…readily apparent to persons who could be injured. This factual question is material to the issue of whether the County has waived sovereign immunity. See City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla.1982); Haspil v. State Dep’t of Transp., 374 So. 2d 633 (Fla. 3d DCA 1979). There was conflicting evidence of whether there were barricades and/or other warnings posted on the ByPass. This conflict should be resolved by the trier of fact. Lastly, factual matters are in dispute on the issues of proximate…
-
Camillo v. Dep't OF Transp., 546 So. 2d 4 (Fla. 3d DCA 1988)…ubject to the defense of governmental immunity. Neilson, 419 So. 2d at 1071; Commercial Carrier Corp., 371 So. 2d at 1010; Foley v. State Department of Transportation, 422 So. 2d 978 (Fla. 1st DCA 1982); Haspil v. State Department of Transportation, 374 So. 2d 633 (Fla. 3d DCA 1979); see also Trianon Park Condominium Ass’n, Inc. v. City of Hialeah, 468 So. 2d 912 (Fla.1985). Nor is there any merit to the DOT-proposed distinction between a defect which is created in the course of time, as in most of the cited…
Authorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Welsh v. Metro. Dade Cnty., 366 So. 2d 518 (Fla. 3d DCA 1979)