ALLEN D. FREEMAN AND BETTY LOU FREEMAN, HIS WIFE, APPELLANTS,
v.
TAYLOR COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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The Freemans sued Taylor County for injuries Mrs. Freeman sustained when she fell from a ramp at a county trash dump site. The court reversed a summary judgment on sovereign immunity grounds, holding that while the County's decision not to install guardrails is protected, the allegation of inadequate maintenance of loose limestone gravel presents a triable issue not barred by sovereign immunity.
The County's decision not to install guardrails is a planning-level function protected by sovereign immunity and the trial court's summary judgment on that claim is affirmed. However, the allegation of failure to properly maintain the ramp by allowing loose limestone gravel to create a slip-and-fall hazard is not barred by sovereign immunity and presents a disputed factual issue requiring remand.
[1] The decision to install guardrails or other protective devices on roadways are basic capital improvements and thus are seen as judgmental planning level functions immune…
[2] Failure to install a guardrail on a roadway ramp is not actionable under Florida law, as it is considered a planning level function immune from suit.
Previewing 2 of 5 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“To the extent that the Freemans seek recovery based on the County's failure to erect a guardrail, we must affirm the trial court. In the decisions interpreting Florida's waiver of sovereign immunity, section 768.28, Florida Statutes (1991), the courts have rather firmly established the doctrine that the decision to install guardrails or other protective devises on roadways are basic capital improvements and thus are seen as judgmental planning level functions immune from suit in tort.”
Establishes that planning-level decisions about guardrails are protected by sovereign immunity and affirms the trial court on this claim.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTaylor County operated a trash dumping site with elevated ramps approximately eight feet high, paved with limestone. On October 8, 1988, the Freemans …
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PER CURIAM.
Appellants Allen and Betty Lou Freeman seek review of an adverse summary judgment entered against them in their claim for personal injury against appellee Taylor County on the basis of sovereign immunity. We reverse because at least one of the Freeman’s allegations is not barred by sovereign immunity.
Taylor County maintains a trash dumping site on Old Carlton Cemetery Road. In the late evening of October 8,1988, Mr. and Mrs. Freeman went to the dump site because they had heard a report that a trash dumpster was on fire. The dump site provides a ramp allowing persons to drive automobiles or trucks up to an elevated point where they may unload their trash into a dumpster below and then drive down a ramp on the opposite side. The ramps rise to a height of approximately eight feet above ground level. The entire dump site is paved with limestone.
When the Freemans arrived at the dump, a Taylor County sheriffs deputy was already attempting to extinguish the fire. When the deputy told Mrs. Freeman to step back, she turned and lost her footing on loose limestone gravel, could not regain her balance, and fell over the edge of the ramp on to the ground below.
To the extent that the Freemans seek recovery based on the County’s failure to erect a guardrail, we must affirm the trial court. In the decisions interpreting Florida’s waiver of sovereign immunity, section 768.28, Florida Statutes (1991), the courts have rather firmly established the doctrine that the decision to install guardrails or other protective devises on roadways are basic capital improvements and thus are seen as judgmental planning level functions immune from suit in tort. Department of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982); Hyde v. Department of Transportation, 452 So. 2d 1109 (Fla. 2d DCA 1984); Payne v. Palm Beach County, 395 So. 2d 1267 (Fla. 4th DCA 1981).
The Florida cases to date have not drawn a distinction between a pedestrian handrail and a roadway guardrail. Cf. American Exchange Bank of Madison, Wisconsin v. United States, 257 F. 2d 938 (7th Cir.1958) (a federal court applying Wisconsin law held failure to install a handrail on stairway in a public building was considered an omission at the operation level, and thus not immune from suit under the Federal Tort Claims Act, 28 U.S.C. § 2680(a)).
Even were such an exception to be'persuasively urged in the present case, however, we would be constrained to find that the ramp in question is primarily a roadway, as opposed to a pedestrian walkway, and thus the Florida guardrail cases control.
The allegation of loose limestone gravel presents a different question. While the decision to utilize limestone as paving material is protected, the continued maintenance of the roadway once installed is not subject to complete immunity. Basically, the Freemans allege that the area over which truck and car tires continually rolled was hard and compacted, while the surrounding areas, closer to the edges of the ramp, were loose and thus presented a slip and fall danger. We need not subscribe to the Free-mans’ view, but we do note that the facts are disputed as to this issue. A liability suit under section 768.28 is not barred by sovereign immunity where plaintiffs allege failure to warn or correct a known dangerous condition, or failure to properly maintain existing improvements. City of St. Petersburg v. Collam, 419 So. 2d 1082 (Fla.1982).
The allegation concerning loose gravel is thus not protected by sovereign immunity. AFFIRMED in part, REVERSED in part, and REMANDED.
ALLEN, KAHN and MICKLE, JJ., concur.
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Tucker v. Gadsden Cnty., 670 So. 2d 1053 (Fla. 1st DCA 1996)…ment on the issues of negligent maintenance and failure to warn. A governmental entity may be held liable for failing to properly maintain existing roads. Department of Transp. v. Neilson, 419 So. 2d 1071, 1078 (Fla.1982); Freeman v. Taylor County, 643 So. 2d 44, 46 (Fla. 1st DCA 1994). In the present case, while there is no dispute that the County regularly maintained Rich Bay Road, there is substantial dispute regarding whether its method of maintenance (i.e., “blading”) was itself negligent. See Foley v.…
Authorities Cited
- Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)
- City OF ST. Petersburg v. Collom, 419 So. 2d 1082 (Fla. 1982)
- The Am. Exch. Bank OF Madison v. United States, 257 F.2d 938 (7th Cir. 1958)
- Payne v. Palm Beach Cnty., 395 So. 2d 1267 (Fla. 4th DCA 1981)
- Collie Roger Gordon v. State, 452 So. 2d 1109 (Fla. 2d DCA 1984)
- Hyde v. Fla. Dep't of Transp., 452 So. 2d 1109 (Fla. 2d DCA 1984)