Florida Department of Environmental Protection, Division of Recreation and Parks v. Estate of Jana Sophie Zoll
A 15-year-old camper was killed crossing State Road A1A in a designated crosswalk between the two halves of Gamble Rogers State Recreation Area. The estate sued FDEP and FDOT, alleging they knowingly created a dangerous intersection with no lighting or traffic signals and failed to warn. The Fifth DCA reversed the denial of the agencies' motion to dismiss, holding the complaint's own allegations conclusively established that the challenged conduct was discretionary, planning-level decision-making protected by sovereign immunity.
Key facts
- Fifteen-year-old camper was struck and killed by a vehicle while crossing State Road A1A in a designated crosswalk connecting the two halves of Gamble Rogers State Recreation Area.
- Estate of the deceased sued Florida Department of Environmental Protection and Florida Department of Transportation, alleging the agencies negligently designed and created a dangerous intersection by dividing the park with a highway and failing to install lighting or traffic signals.
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Why it matters
The opinion is a useful tool for government defendants seeking early dismissal on sovereign immunity grounds, reinforcing Jackson's directive that immunity be resolved as early as possible and showing that artful… — full analysis with a trial
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