ROLANDO BARRERA AND LUISA BARRERA, APPELLANTS,
v.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLEE
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The Barreras appealed a summary judgment dismissing their negligence action against Florida's Department of Transportation after their truck struck a low-clearance bridge lacking a warning sign on its structure. The court held that DOT's decision not to replace a clearance warning sign is a discretionary, planning-level function protected by sovereign immunity, and the known dangerous condition exception does not apply.
DOT's decision whether to replace a low clearance warning sign on the bridge is a planning-level decision protected by sovereign immunity. The known dangerous condition exception does not apply because DOT did not create the dangerous condition (the bridge was built by Dade County) and the low clearance was readily apparent to potential users.
[1] A governmental entity's decision regarding the placement or non-placement of traffic control devices is a discretionary, planning-level function protected by sovereign im…
[2] Sovereign immunity protects a governmental entity from liability for planning-level decisions, as distinguished from operational-level decisions.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The Department's decision as to whether or not to replace a low clearance warning sign on the bridge is a planning-level decision as that term is defined in Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla.1979). DOT is protected agaifist liability for planning-level decisions.”
Establishes the core holding that DOT's decision not to replace the warning sign is a planning-level discretionary function protected by sovereign immunity.
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Join FLexlaw to unlock all legal intelligenceRolando Barrera was driving a truck for a moving company when it collided with a low-clearance bridge. The bridge had no clearance warning sign on it,…
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HENDRY, Judge.
Plaintiffs Rolando and Luisa Barrera appeal a final summary judgment in favor of defendant Florida Department of Transportation (“DOT”) in a negligence action.
Appellant Rolando Barrera was driving a truck for the Gonzalez Moving Company when he collided with a low-clearance bridge. There was no clearance warning sign on the bridge, but there were two clearance warning signs located 935 feet in advance of the bridge. There had once been a clearance warning sign on the bridge, but that had been painted over when the bridge was painted. Appellee DOT chose not to place a new clearance warning sign on the bridge. It was DOT policy on the date of the accident that a low clearance sign “may be erected on or in advance of the structure.” DOT was aware that there had been previous accidents at the bridge due to its low clearance.
The issue on appeal is whether DOT is protected by sovereign immunity from liability for its decision not to place a new low clearance warning sign on the bridge.
The Barreras argue that DOT is not immune from suit because it has an operational duty to place a new low clearance sign on the bridge and that even if the court finds that the decision is a planning-level one, DOT is not shielded from liability because a duty at the operational level arose due to the existence of a known dangerous condition.
DOT contends its decision as to not placing a warning sign on the bridge is protected by sovereign immunity since such decision is a discretionary, planning-level one, and that the elements of an exception from immunity for a known dangerous condition are not met. We agree and affirm the decision of the trial court.
The Department’s decision as to whether or not to replace a low clearance warning sign on the bridge is a planning-level decision as that term is defined in Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla.1979). DOT is protected agaifist liability for planning-level decisions. Id. at 1022.
This is in line with prior decisions recognizing that the placement or non-placement of traffic control devices is a discretionary function. This court held in A.L. Lewis Elementary School v. Metropolitan Dade County, 376 So. 2d 32 (Fla. 3d DCA 1979) that fixing of traffic zones and installation of traffic and pedestrian control devices were discretionary policy matters for which the county was not subject to tort liability. In Ralph v. City of Daytona Beach, 412 So. 2d 875 (Fla. 5th DCA 1982), the fifth district held that the city was not liable for failure to control traffic on the beach. In Romine v. Metropolitan Dade County, 401 So. 2d 882 (Fla. 3d DCA 1981), rev. denied, 412 So. 2d 469 (Fla.1982), we held that the county’s decision to control the intersection with a device different from that chosen could not give rise to liability. The Florida Supreme Court held in Department of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982) that the failure to install traffic control devices and failure to upgrade an existing road, as well as to build a road with a particular alignment, were judgmental planning-level functions' for which absolute immunity attached.
The instant case is distinguishable from Commercial Carrier Corp. v. Indian River County, 371 So. 2d at 1022, where the court found that the maintenance of existing traffic control devices was an operational-level decision, as this case concerns a governmental decision not to replace a warning sign on the bridge, not the sign’s maintenance. When DOT makes a decision not to replace an existing warning sign, that is a planning decision for which the state is protected by sovereign immunity.
Finally, DOT is not exempted from immunity due to the existence of a known dangerous condition. To establish the known dangerous condition exception, the plaintiff must show the governmental entity created the dangerous condition, the condition was known to be dangerous, and it was not readily apparent to persons who could be injured by the condition. City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla.1982). Such prerequisites are not met here, since the bridge was designed and built by Dade County, not DOT, and since the low clearance of the bridge was readily apparent to persons who could be injured by it.
For the foregoing reasons, the summary judgment in favor of DOT is affirmed.
Affirmed.
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Avallone v. Bd. OF Cnty. Comm'rs OF Citrus Cnty., 493 So. 2d 1002 (Fla. 1986)…E.g., City of St. Petersburg v. Collum, 419 So. 2d 1082 (Fla.1982); Hill v. City of Lakeland, 466 So. 2d 1231 (Fla. 2d DCA), review denied, 476 So. 2d 674 (Fla.1985); Sarasota County, 476 So. 2d at 217; Barrera v. State Department of Transportation, 470 So. 2d 750 (Fla. 3d DCA), review denied, 480 So. 2d 1293 (Fla.1985). If a plaintiff could show this three-part test had been met, such plaintiff could circumvent sovereign immunity. Applying this test, and recognizing the relatively simple logistics involved i…
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Sarasota Cnty. v. Butler, 476 So. 2d 216 (Fla. 2d DCA 1985)…ew it to be dangerous and that such danger was not readily apparent to those persons who might sustain injury as a result of it. City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla.1982); Barrera v. State of Florida, Department of Transportation, 470 So. 2d 750 (Fla. 3d DCA 1985). One of the elements critical to stripping away the shield of sovereign immunity is missing in the matter at hand, i.e. the creation by Sarasota County of the dangerous condition. The hazardous nature of the waters which might exi…
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Charles "Chuck" Seth Scott and Linda Scott v. Fla. Dep't of Transp., 752 So. 2d 30 (Fla. 1st DCA 2000)…)(quoting Department of Transp. v. Konney, 587 So. 2d 1292, 1299 (Fla.1991)(Kogan, J., concurring)). Furthermore, if the danger is open, notorious, and readily apparent to the public, there is no duty to warn. See Barrera v. State, Dep’t of Transp., 470 So. 2d 750 (Fla. 3d DCA), rev. denied, 480 So. 2d 1293 (Fla.1985). We agree with the trial court that the Scotts have not sufficiently pled that the DOT knowingly created a dangerous condition or that the pole in question was hidden or obstructed in any way or…
Previewing 3 of 13 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)
- Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)
- City OF ST. Petersburg v. Collom, 419 So. 2d 1082 (Fla. 1982)
- A. L. Lewis Elementary Sch. & the Bd. of Pub. Instruction v. Metro. Dade Cnty., 376 So. 2d 32 (Fla. 3d DCA 1979)
- Orla Ralph v. City OF Daytona Beach, 412 So. 2d 875 (Fla. 5th DCA 1982)
- Adkinson v. State, 401 So. 2d 882 (Fla. 3d DCA 1981)
- Romine v. Metro. Dade Cnty., 401 So. 2d 882 (Fla. 3d DCA 1981)