Florida District Courts of Appeal, 1983

City of Hallandale v. Arose

City of Hallandale v. Arose
Florida District Courts of Appeal · Decided August 10, 1983 · Hersey, Letts, Walden
435 So. 2d 985; 1983 Fla. App. LEXIS 22375 (Southern Reporter, Second Series)

City of Hallandale v. Arose

Opinion of the Court

HERSEY, Judge.

This appeal arises from a final judgment in a negligence action for personal injury which awarded the plaintiff $50,000 plus costs and interest, after a reduction for comparative negligence. The defendant raises four points on appeal. The extent to which sovereign immunity is waived is controlled by Berek v. Metropolitan Dade County, 422 So.2d 838 (Fla. 1982). In Berek the supreme court held “[t]he maximum amount of the state’s liability to any one claimant arising out of any one incident or occurrence, ... is $50,000, including damages, costs, and post-judgment interest.” Id. at 840. We find the other points asserted on appeal are without merit. We therefore reverse the award of interest and costs and affirm the judgment of $50,000.

REVERSED IN PART and AFFIRMED IN PART.

LETTS and WALDEN, JJ., concur.

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