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MIAMI-DADE COUNTY v. JAVIER PEREZ

Citation: Not availableDocket: 21-2142

Court: District Court of Appeal of Florida; July 27, 2022; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a case before the Third District Court of Appeal of Florida, the court addressed a negligence claim against Miami-Dade County following a serious accident at a baseball field in Tamiami Park. The plaintiff, who suffered severe injuries, including the amputation of both legs, alleged that the County negligently constructed the field in an unauthorized location and failed to warn of the associated danger. The County sought dismissal of the lawsuit, arguing immunity from such claims. However, the court affirmed the trial court's denial of the County's motion to dismiss, concluding that the claims concerned operational-level actions rather than planning-level decisions that would be shielded by sovereign immunity. This distinction is crucial in determining government liability under Florida law. The de novo review required the court to accept the plaintiff's allegations as true and view them in the light most favorable to him, allowing the case to proceed. This decision underscores the legal principle that governmental entities may be liable for failing to rectify known dangerous conditions, reinforcing the importance of distinguishing between operational and planning functions in sovereign immunity cases.

Legal Issues Addressed

Negligence and Known Dangerous Conditions

Application: The court found that governmental entities can be held liable for failing to address known dangerous conditions, as alleged in Perez's claim against the County.

Reasoning: This determination allows for liability when a governmental entity fails to address a known dangerous condition.

Sovereign Immunity and Governmental Liability

Application: The court distinguished between planning-level decisions, which are protected by sovereign immunity, and operational-level actions, which are not, allowing the lawsuit to proceed against the County.

Reasoning: The court ruled that Perez's claims were based on operational-level actions of the County, rather than planning-level decisions protected by sovereign immunity.

Standard of Review for Motions to Dismiss

Application: The court conducted a de novo review, adhering to the principle that allegations must be accepted as true and viewed in the light most favorable to the plaintiff.

Reasoning: The court's review was de novo, adhering to the principle that allegations must be accepted as true and viewed favorably for the plaintiff.