Labance v. Dawsy

Jessica Labance was shot in the hand during an exchange of gunfire between a Citrus County Sheriffs deputy and one Larry Robbins that occurred when deputies were attempting to execute a search warrant at Robbins’ residence. She appeals from an order dismissing the negligence count of her amended complaint with prejudice in favor of the Sheriff of Citrus County, Jeffrey J. Dawsy. 1 We find that the trial court erred in concluding that the Sheriff did not owe a legal duty to Labance.

We review de novo the dismissal of a complaint for failure to state a cause of action. Wallace v. Dean, 3 So.3d…