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.
Key facts
- HNTB Corporation, a construction engineering inspector for FDOT on an I-10 project, was sued for wrongful death by the estate of a subcontractor's worker who fell from a pickup truck bed while retrieving traffic-control equipment.
- The trial court granted HNTB summary judgment on grounds of governmental immunity; the plaintiff appealed, arguing HNTB's alleged failure to monitor maintenance-of-traffic operations and warn workers against riding in truck beds constituted wanton and willful conduct defeating immunity.
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Why it matters
This is a useful decision for design professionals and CEI firms working under FDOT contracts, confirming that section 768.28(10)(e) agency immunity can be resolved as a matter of law on summary judgment and that… — full analysis with a trial
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