HNTB Corporation v. Milstead
HNTB, an FDOT construction engineering inspector on an I-10 project, was sued for wrongful death after a subcontractor's worker fell from a pickup truck bed while retrieving traffic-control equipment. The Third DCA held HNTB is a statutory agent of FDOT under section 768.28(10)(e) entitled to immunity under section 768.28(9)(a), and that its alleged failure to monitor MOT operations or warn about workers riding in truck beds amounted at most to negligence, not the 'wanton and willful' conduct needed to defeat immunity. Reversed with directions to enter summary judgment for HNTB.
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