South Florida Personal Injury Lawyers Blog
In a recent appeals case, the District Court of Appeals of the State of Florida Third District produced an opinion for an appeal involving sovereign immunity for Miami-Dade County in a vicarious suit alleging that a bus driver acted in a manner exhibiting wanton and willful disregard of rights or safety. The plaintiff, Michael Polanco, sued a bus driver, and her employer, Miami-Dade County following an incident where he was hit by a bus. Polanco was riding as a passenger on a Miami-Dade County bus. When the bus pulled over at a scheduled stop, there was a heated exchange between Polanco and the bus driver. Thereafter, Polanco exited and crossed in front of the bus. The bus driver then pulled away from the bus stop, and in doing so struck Polanco. The exchange between the bus driver and Polanco is captured on video, though the actual point at which the bus makes contact with Polanco is not.
Polanco sued the bus driver, as well as her employer, Miami-Dade County. At trial, the County answered, asserting it was sovereignly immune from suit and filed a motion for summary judgment, asserting its employee struck the passenger intentionally and that such conduct exhibited a wanton and willful disregard of human rights and safety, thus rendering the County sovereignly immune from liability. In response, Polanco presented evidence that he “walked essentially into the blind spot of the bus” when he was hit, and therefore the bus driver would not have been able to see Polanco when she pulled out of the bus stop. Subsequently, the trial court denied Miami-Dade’s motion, and they shortly appealed the decision.
On appeal, Miami-Dade argued to the appellate court that the trial court was mistaken in its ruling, stating that there was no genuine dispute as to whether the bus driver acted in a manner exhibiting wanton and willful disregard of Polanco’s rights or safety. The appeals court disagreed with Miami-Dade, affirming the trial court decision. The appellate decision stated that they affirmed the trial court’s order denying the County’s motion for summary judgment and that the lower court decision correctly concluded that there remains a genuine dispute as to whether the bus driver acted in a manner exhibiting wanton and willful disregard of Polanco’s rights or safety.
Have You Suffered a Personal Injury in Florida?
If you or someone you love has suffered a personal injury or similar harm in Florida, the lawyers at Friedman Rodman Frank & Estrada can help you understand your rights and the remedies available to you under Florida law. Our team of attorneys has successfully advocated for injured individuals throughout Florida for 46 years. Expenses from injuries or harm can quickly become overwhelming, and having an experienced roster of Florida personal injury attorneys by your side can make a world of difference for your claim. Make sure that you make the most out of your lawsuit and get the award that you deserve. Contact our team at 305-448-8585 to schedule a free and no-obligation initial consultation with a lawyer at our office.