COMPLAINT ALLEGING “OPERATIONAL LEVEL” FUNCTIONS WILL PROPERLY WITHSTAND DISMISSAL OF A GOVERNMENTAL DEFENDANT
Miami-Dade County v. Perez, 47 Fla. L. Weekly D1584 (Fla. 3rd DCA Jul. 27, 2022):
A man sued the county for injuries he suffered while attending his son’s little league game that arose out of a drunk driver crashing through a chain-link fence onto the field. The erratic driving pinned the man to the ground, and resulted in the amputation of both of his legs.
The plaintiff’s complaint alleged that the county negligently constructed the baseball field in an unapproved location which created an unreasonably dangerous condition, and also that it failed to warn of the dangerous condition.
The appellate court affirmed the trial judge’s denial of the motion to dismiss. It found that accepting all of the well-pled allegations as true, the plaintiff had premised his complaint on operational level decisions and not planning level ones.