Sandra Bergmann, as Personal, etc. v. Florida Department of Transportation, etc.

Appellant challenges a final order of dismissal in her negligence action for damages sustained in a collision on a roadway over which the Florida Department of Transportation (FDOT) has jurisdiction. The trial court ruled that the claim is precluded by FDOT’s sovereign immunity.

In reviewing the propriety of an order granting a motion to dismiss, we must take all the facts alleged in the complaint as true and draw all reasonable inferences in favor of the nonmoving party. Weaver v. Leon County Classroom Teachers Ass’n, 680 So.2d 478 (Fla. 1st DCA1996).

In this case, appellant sought recovery…