State, Department of Highway Patrol v. Pollack

The State of Florida, Department of Highway Patrol (collectively “FHP”) appeals an adverse final judgment entered pursuant to a jury verdict in this wrongful death action. We agree with FHP that the trial court erred in failing to direct a verdict in its favor where vthere was nothing to indicate that FHP’s actions or inac-tions were operational in nature and where FHP otherwise owed no special duty to the decedents, as a matter of law, so as to impose governmental tort liability. Accordingly, we reverse with directions that final judgment be entered in favor of FHP.

The facts of this truly…