SECTION 768.28(5) LIMITS SOVEREIGN IMMUNITY WAIVER TO $200,000 WHEN THERE ARE MULTIPLE CLAIMS ARISING OUT OF THE SAME NEGLIGENT ACT–QUESTION CERTIFIED: DOES THE $200,000 CAP APPLY IRRESPECTIVE OF THE NUMBER OF CLAIMANTS.
State of Florida, Department of Financial Services v. Barnett, 44 Fla. L. Weekly D221 (Fla. 4th DCA January 9, 2019):
The Fourth District ruled that section 768.28(5) limits the sovereign immunity waiver to $200,000 (the statute was increased to a cap of $300,000 in 2016, after this case arose). The court observed, however, that a broader reading of the statute could allow a “per injury” limitation.
Because the issue continues to arise in mass injury events, the court certified a question of great public importance, asking the supreme court to resolve whether when multiple claims of injury or death arise from the same act of negligence committed by a state agency or actor, does the limitation on the waiver of sovereign immunity in section 768.28(5) create one cap, or multiple caps per injury/claim.