Estate of Brown ex rel. Brown v. Woodham

This is an appeal from an order dismissing a complaint with prejudice due to the failure of appellant, the Estate of Robert Brown, to state a cause of action against appellee, W.A. Woodham, Sheriff of Gadsden County, Florida. The lower court ruled that the sheriff owed no statutory, general, or special duty of care to Brown. We cannot agree and therefore reverse the dismissal and remand the case for further proceedings.

The Estate alleged a breach of a duty of care owed to Robert Brown, who was murdered by the irate husband of the woman *1106Brown was visiting at the time of the tragedy. The…