STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF HIGHWAY PATROL, APPELLANT,
v.
SUSAN ANN KROPFF, APPELLEE
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Kropff brought suit against the state for injuries sustained in a second car accident allegedly caused by a state trooper's negligent investigation of a prior accident. The court resolved the statutory construction issue of whether the $100,000 monetary cap on sovereign immunity liability applies to causes of action accruing before or after October 1, 1981, holding that the cap applicable in 1978 ($50,000) applies because the cause of action accrued upon injury in 1978.
The cause of action accrued when Kropff was injured in 1978, not when she filed her administrative claim after the October 1, 1981 effective date. Therefore, the pre-1981 statutory cap of $50,000 applies to her judgment.
[1] A cause of action accrues, for the purpose of determining the applicable statutory cap on liability, on the date of the injury giving rise to the claim.
[2] The monetary cap on liability under the waiver of sovereign immunity statute applies based on the date the cause of action accrued, not the date the administrative claim…
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Join FLexlaw to unlock all legal intelligence“Kropff's cause of action accrued when she was injured in 1978”
Establishes the determinative factor for which statutory cap applies—the date of injury, not the filing date
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Join FLexlaw to unlock all legal intelligenceSusan Ann Kropff was injured in a car accident on December 29, 1978. She alleged that a state trooper's negligent on-scene investigation caused her to…
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PER CURIAM.
The issue in this appeal involves the proper construction of section 768.28(14), Florida Statutes (1981).
Susan Ann Kropff was injured in a car accident on December 29, 1978. She brought an action against the state, alleging that the negligence of the state trooper who conducted the on-scene investigation caused her to be struck by oncoming traffic in a second accident. This court heard an interlocutory appeal regarding pretrial production of records relating to the accident. State v. Kropff, 445 So. 2d 1068 (Fla. 3d DCA 1984). Following a jury trial and verdict in her favor, Kropff obtained a judgment for $586,500. The state then unsuccessfully appealed the issue whether it was immune from suit under the doctrine of sovereign immunity. State v. Kropff, 491 So. 2d 1252 (Fla. 3d DCA 1986). Kropff sought mandamus to enforce the full amount of the judgment. In the alternative, she sought to compel the state to pay the $100,000 monetary cap on liability, applicable “only to causes of action which accrue on or after October 1, 1981.” § 768.28(14), Fla.Stat. (1981). Kropff filed her administrative claim after the effective date of the statute. The trial court held that Kropff was entitled to $100,000, and the state brought this appeal. We reverse the trial court’s ruling upon a holding that Kropff’s cause of action accrued when she was injured in 1978. See Allstate Ins. Co. v. Metropolitan Dade County, 436 So. 2d 976 (Fla. 3d DCA 1983) (statute of limitations began to run on date of accident giving rise to claim). On remand we direct the trial court to reduce Kropff’s judgment to $50,000 in accordance with the statutory cap on recoveries provided in the waiver of sovereign immunity statute in effect in 1978.
We are mindful that our sister court has reached a contrary result in Keith v. Dykes, 430 So. 2d 502 (Fla. 1st DCA 1983), and in Department of Transportation v. Soldovere, 452 So. 2d 11 (Fla. 1st DCA 1984).1 We acknowledge direct conflict with Dykes and Soldovere.
Reversed and remanded with directions to reduce the judgment accordingly.
. Based on the law of the case doctrine, the Fourth District Court of Appeal concluded it was bound by the First District’s earlier decision in Soldovere. Department of Transportation v. Soldovere, 500 So. 2d 568 (Fla. 4th DCA 1987), rev. granted, No. 70,109 (Fla. June 9, 1987).
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Citator
Cited By
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Dep't OF Transp. v. Paige Soldovere, 519 So. 2d 616 (Fla. 1988)…accrual date” rather than one determined by contract. 500 So. 2d at 570. This appears to beg the question whether the procedural requirement affects the accrual date of the action. In State, Department of Highway Safety & Motor Vehicles v. Kropff, 514 So. 2d 404 (Fla.3d DCA 1987), the third district recently held that a cause of action accrued at the time of injury rather than when the claim was filed, in direct conflict with Keith and Soldovere. We agree with Kropff and hold that DOT is only liable for $50…
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Kropff v. Dep't OF Hwy. Safety & Motor Vehicles, 530 So. 2d 304 (Fla. 1988)…PER CURIAM. This Court accepted jurisdiction to review State, Department of Highway Safety & Motor Vehicles v. Kropjf, 514 So. 2d 404 (Fla. 3d DCA 1987), in which the district court acknowledged direct conflict with Keith v. Dykes, 430 So. 2d 502 (Fla. 1st DCA 1983), and with Department of Transportation v. Soldovere, 452 So. 2d 11 (Fla. 1st DCA), review denied, 458 So. 2d 272 (Fl…
Authorities Cited
- Ritts v. State, 491 So. 2d 1252 (Fla. 2d DCA 1986)
- Allstate Ins. Co. v. Metro. Dade Cnty., 436 So. 2d 976 (Fla. 3d DCA 1983)
- Clay W. Keith v. Dykes, 430 So. 2d 502 (Fla. 1st DCA 1983)
- Dep't OF Transp. v. Paige Soldovere, 452 So. 2d 11 (Fla. 1st DCA 1984)
- State v. Kropff, 445 So. 2d 1068 (Fla. 3d DCA 1984)
- The Dep't OF Transp. v. Paige Soldovere, 500 So. 2d 568 (Fla. 4th DCA 1986)