Florida Department of Transportation v. Allen

The Appellant, the Department of Transportation (“DOT”), appeals a final judgment entered in favor of the Appellee. The DOT raises four issues on appeal. However, because the DOT’S first issue is dispositive, we address only the trial court’s error in denying the DOT’S motion for summary judgment based on sovereign immunity. We conclude that sovereign immunity applies, insulating the DOT from liability, and therefore, we reverse and remand.

A governmental entity is immune with respect to its discretionary, judgmental, and planning decisions; however, a governmental entity is exposed to…