Grim v. Donovan

This is an appeal from a final judgment dismissing an action for wrongful death predicated upon the alleged negligence of the appellee, South Florida Water Management District, in failing to remove an obstruction from a canal which the appellee allegedly had the non-delegable duty to maintain. The trial court dismissed the action upon the District’s claim that it enjoyed sovereign immunity with reference to its involvement with the canal in question. We reverse.

Our reversal is predicated not on our conclusion that the District is not immune from liability but rather upon the undeveloped state…