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Hines v. Columbia Livestock Market of Lake City, Inc.

Citations: 516 So. 2d 1040; 12 Fla. L. Weekly 2803; 1987 Fla. App. LEXIS 11576; 1987 WL 2659Docket: No. BS-261

Court: District Court of Appeal of Florida; December 9, 1987; Florida; State Appellate Court

Narrative Opinion Summary

The appellate court reversed a summary judgment that had favored the State of Florida Department of Agriculture and Consumer Services, holding that sovereign immunity did not bar the appellant's negligence claims. The appellant had delivered cattle to a market where they tested positive for brucellosis, leading to their slaughter and the quarantine of the remaining herd. Alleging the test result was erroneous and filed under the oversight of the Department of Agriculture, the appellant included the department as a defendant. The lower court had based its decision on Trianon Park Condominium Association v. City of Hialeah, asserting immunity for discretionary functions. However, the appellate court distinguished between discretionary acts and operational negligence, noting that the latter falls under the waiver of sovereign immunity as per section 768.28, Florida Statutes. The court found that the appellant's claims concerned operational negligence, thus allowing recovery despite sovereign immunity. The court ordered a reversal and remand for further proceedings, while affirming the summary judgment for Columbia Livestock Market, noting a distinction in the veterinarian's status involved in the testing. This decision underscores the nuanced application of sovereign immunity in cases involving governmental operational acts versus discretionary functions.

Legal Issues Addressed

Application of Section 768.28, Florida Statutes

Application: The court applied this statute to find a waiver of sovereign immunity for operational acts of negligence.

Reasoning: There are established duties in operational acts such as the negligent handling of equipment, which fall under the waiver of sovereign immunity provided by section 768.28, Florida Statutes.

Differentiation between Discretionary and Operational Functions

Application: The distinction between discretionary decisions and operational negligence was critical in determining the applicability of sovereign immunity.

Reasoning: The ruling clarified that the appellant's allegations were not solely about the discretionary decision to implement the brucellosis testing program but also included actionable negligence claims.

Precedent of Trianon Park Condominium Association v. City of Hialeah

Application: The court distinguished the present case from this precedent, which had previously upheld immunity for discretionary governmental functions.

Reasoning: The lower court had relied on the precedent set in Trianon Park Condominium Association v. City of Hialeah, which established that governmental entities have immunity from tort liability concerning discretionary functions.

Sovereign Immunity under Florida Law

Application: The court determined that sovereign immunity does not shield the Department of Agriculture from claims of operational negligence.

Reasoning: The court reversed a summary judgment favoring the State of Florida Department of Agriculture and Consumer Services, finding that the doctrine of sovereign immunity does not preclude recovery for the appellant's claims.