RONALD L. BANTA, LORETTA BANTA AND CAMDEN FIRE INSURANCE ASSOCIATION, APPELLANTS,
v.
MADELINE B. ROSIER AND WILLIAM H. ROSIER, HER HUSBAND, INSURANCE COMPANY OF NORTH AMERICA, COUNTY OF VOLUSIA AND CITY OF DAYTONA BEACH, APPELLEES
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Court reversed judgment on pleadings against governmental defendants for negligence, holding that while planning-level decisions are immune, the complaint failed to allege specific operational-level negligence and must be given opportunity to replead.
A complaint alleging governmental negligence must plead specific facts showing operational-level negligence rather than planning-level decisions, and conclusory allegations of breach are insufficient.
[1] Governmental entities are immune from liability for negligence at the planning level of decision-making but may be liable for negligence in operational-level decisions or…
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Join FLexlaw to unlock all legal intelligenceAppellants sued Volusia County and City of Daytona Beach alleging injuries from governmental negligence, including allegations that an intersection wa…
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DAUKSCH, Chief Judge.
This is an appeal from an order granting a judgment on the pleadings. The appellant is attempting to allege a governmental body is liable for injuries suffered as a result of the government’s negligence. The complaint is deficient in part in that it pleads matters which are obviously within the “planning level of decision-making” of the government. Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla.1979). For instance, it alleges an intersection was improperly designed. The complaint is also deficient because, although it alleges a breach of “operational duties,” it only alleges those breaches in eonclusionary terms and not specifically. Suspecting, but without knowing at all, that appellant may be able to properly allege a cause of action, we reverse the judgment on the pleadings in order to give the appellant one last chance to plead sufficient operative facts to state a cause of action; that is, to allege negligence on the part of the government in an operational level decision or conduct. Commercial Carrier. See also City of Tamarac v. Garchar, 398 So. 2d 889 (Fla. 4th DCA 1981); Payne v. Palm Beach County, 395 So. 2d 1267 (Fla. 4th DCA 1981); A. L. Lewis Elementary School v. Metropolitan Dade City, 376 So. 2d 32 (Fla. 3d DCA 1979); Ferla v. Metropolitan Dade County, 374 So. 2d 64 (Fla. 3d DCA 1979).
REVERSED AND REMANDED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)…ng the road with a curve, determining the position, shape and size of the median, and failing to provide adequate signaling were activities which constitute judgmental, planning-level functions and were not operational in character. Banta v. Rosier, 399 So. 2d 444 (Fla. 5th DCA 1981), held that allegations concerning an improperly designed intersection pled matters which were within the judgmental, planning level of decision making. Payne v. Palm Beach County, 395 So. 2d 1267 (Fla. 4th DCA 1981), held that th…1 / 2
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Windham v. Fla. Dep't of Transp., 476 So. 2d 735 (Fla. 1st DCA 1985)…ity where it is sought to overcome a sovereign immunity defense. See, Cutler v. Board of Regents of the State of Florida, 459 So. 2d 413 (Fla. 1st DCA 1984); Infande v. Seligman of Florida, Inc., 380 So. 2d 1169 (Fla. 4th DCA 1980); Banta v. Rosier, 399 So. 2d 444 (Fla. 5th DCA 1981). Appellants’ complaint here, stripped of con-clusory allegations such as the claim that the Department “created” a nuisance, clearly reveals that the operative facts upon which liability or non-liability must be determined are th…
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Orla Ralph v. City OF Daytona Beach, 412 So. 2d 875 (Fla. 5th DCA 1982)…rity to regulate and/or license any and all businesses, trades, occupations and/or concessions conducted upon said beach. . § 316.008, Fla.Stat. (1979). . Town of Atlantic Beach v. Oosterhoudt, 127 Fla. 159, 172 So. 687 (1937). . Banta v. Rosier, 399 So. 2d 444 (Fla. 5th DCA 1981).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Bias v. Warner Bias, 374 So. 2d 64 (Fla. 3d DCA 1979)
- A. L. Lewis Elementary Sch. & the Bd. of Pub. Instruction v. Metro. Dade Cnty., 376 So. 2d 32 (Fla. 3d DCA 1979)
- Leiser v. State, 398 So. 2d 889 (Fla. 1st DCA 1981)
- City OF Tamarac v. Garchar, 398 So. 2d 889 (Fla. 4th DCA 1981)
- Payne v. Palm Beach Cnty., 395 So. 2d 1267 (Fla. 4th DCA 1981)