JOHN CASSERLY v. THE CITY OF DELRAY BEACH

The plaintiff appeals from the circuit court’s final order granting the City’s motion to dismiss the plaintiffs complaint with prejudice. In the complaint, the plaintiff alleged, in sum, that the City’s negligence in failing to repair or warn against a pothole in the City’s street caused him injuries when he tripped over the pothole while rollerblading in the street. The circuit court reasoned that sections 316.0085 and 316.2065(11), Florida Statutes (2014), when read together, precluded the City’s liability.

The plaintiff primarily argues the circuit court erred by ruling that sections…