JOSEPH F. WOJTAN, APPELLANT,
v.
HERNANDO COUNTY, ETC., APPELLEE
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ORFINGER, Judge.
This is an action for damages wherein Appellant alleged that on June 2, 1976, the Appellee county carelessly and negligently maintained a certain county road and its shoulders which it had a duty to maintain in good, safe, condition; that because of Ap-pellee’s negligence the Appellant, while operating a motor vehicle along said roadway, was injured.
The trial court granted a motion for judgment on the pleadings on the ground that Appellant had neither alleged nor demonstrated a duty owed to him that was different from .the duty owed to the citizens of the county in general. Final judgment on the pleadings was entered, and from this judgment Appellant appeals.
Commercial Carrier Corporation v. Indian River County, 371 So. 2d 1010 (Fla.1979), was not available to the trial judge at the time he ruled in this case and that decision makes it clear that the maintenance of a roadway and its shoulders is “operational level activity” for which sovereign immunity for tort liability has been waived under § 768.28, F.S.
The final judgment is reversed and the cause is remanded to the trial court for further proceedings in accordance herewith.
REVERSED and REMANDED.
DAUKSCH, C. J., and UPCHURCH, J., concur.
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Pollock v. Fla. Dep't OF Hwy. Patrol, 882 So. 2d 928 (Fla. 2004)…asonably safe condition even where a third party created the defect); Travelers Ins. Co. v. Metro. Dade County, 510 So. 2d 1240 (Fla. 3d DCA 1987) (ascribing duty of care to the county as the landowner-lessor of a marina); Wojtan v. Hernando County, 379 So. 2d 198, 199 (Fla. 5th DCA 1980) (recognizing county’s responsi [*934] bility as a landowner to free streets and sidewalks from obstruction created by another but about which the county knew or should have known). This theory based on concepts of “premises…
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Marsha Hollis for the Estate of Tiffany Helina Hollis v. The Sch. Bd. OF Leon Cnty., 384 So. 2d 661 (Fla. 1st DCA 1980)…into effect, the operations implementing such plans are not immune from tort claims. Examples of such functions include the maintenance of traffic signal lights and stop signs, id. at 1022, and of a roadway and its shoulders. Wojtan v. Hernando Co., 379 So. 2d 198 (Fla.5th DCA 1980). A more analogous situation to the issue before us occurred in Seaboard Coastline Railroad Co. v. United States, 473 F. 2d 714 (5th Cir. 1973), where the government raised the discretionary function defense to a tort claim filed a…
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The City OF Jacksonville v. DeRAY, 418 So. 2d 1035 (Fla. 1st DCA 1982)…standard. Accordingly, the final judgment appealed from is REVERSED and the proceeding is remanded to the Circuit Court with instructions to enter a judgment in favor of appellant. THOMPSON and WIGGINTON, JJ., concur. . Wojtan v. Hernando County, 379 So. 2d 198 (Fla. 5th DCA 1980) (maintenance of road, shoulder in good, safe condition is operational); Wallace v. Nationwide Mutual Fire Insurance Co., 376 So. 2d 39 (Fla. 4th DCA 1979) (failure to immediately restore fallen stop sign is operational); Feria v.…
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- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)