Narrative Opinion Summary
In this case, the appellate court addresses a wrongful death suit involving allegations of medical negligence by a radiologist employed by the appellant. The core issue revolves around the appellant's motion for a change of venue, which was denied by the trial court and subsequently affirmed by the appellate court. The appellant argued that the university did not meet the venue requirements under Florida Statutes Section 768.28(1) due to its limited employee presence at the hospital in question. The statute waives sovereign immunity for state agencies in tort actions, permitting lawsuits in the county where the agency has a substantial presence. The court clarifies that the university's activities in Columbia County, including leasing property, employing staff, generating medical billing, and compensating vendors, constitute a substantial presence under the statute. The appellant's contention that a substantial presence requires the operation of a branch campus was rejected, with the court emphasizing a strict construction of the statute and the clear legislative intention. The court also noted that the term 'branch campus' was used in other statutes, indicating the legislature's awareness and deliberate choice not to include it in this context. The appellate court's decision affirms the trial court's denial of the appellant's motion for a venue change, reinforcing the interpretation of customary business activities as integral, ongoing operations.
Legal Issues Addressed
Interpretation of 'Customary Business' Activitiessubscribe to see similar legal issues
Application: The court interprets 'customary business' as ongoing activities integral to the university's operations, rather than isolated transactions.
Reasoning: The court defines 'transaction of customary business' as ongoing activities that are integral to the corporation's operations, as opposed to isolated transactions.
Strict Construction of Sovereign Immunity Waiverssubscribe to see similar legal issues
Application: The court emphasizes a strict construction of sovereign immunity waivers in favor of the state, rejecting the addition of terms to the statute.
Reasoning: The court clarifies that interpreting whether a university maintains a 'substantial presence' is a matter of first impression, emphasizing a strict construction of sovereign immunity waivers in favor of the state.
Substantial Presence Requirement for Venuesubscribe to see similar legal issues
Application: The court determines that the university's presence in Columbia County fulfills the statutory criteria for proper venue despite the lack of a branch campus operation.
Reasoning: The appellate court affirmed, concluding that the university's presence in Columbia County fulfills the statutory criteria for proper venue.
Waiver of Sovereign Immunity under Florida Statutes Section 768.28(1)subscribe to see similar legal issues
Application: The court examines the waiver of sovereign immunity for state agencies, allowing tort actions in the county where the agency has a substantial presence.
Reasoning: Section 768.28(1) waives sovereign immunity for state agencies in tort actions, allowing lawsuits in the county where the property in question is located or where the agency has a substantial presence for customary business.