Florida/Georgia Personal Injury & Workers Compensation

approaching from the same direction.” Fla. Stat. § 316.085(2) (1995). Upon due consideration of the record

...(2001) (individuals in franchise relationships who commit fraudulent misrepresentation). "Gross negligence" by a government entity waives sovereign immunity in many contexts. See § 252.51, Fla. Stat. (2001) (conducts mock emergencies to train emergency personnel); § 316.0085, Fla....

approaching traffic behind him in the left lane, see section 316.085(2), Florida Statutes (2000); that before he

refusal of a requested instruction on Fla. Stat. § 316.085(2), which imposes restrictions upon a driver changing

...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 316.0085 and 316.2065(11) must be read together. According to the plaintiff, each statute is clear and unambiguous and should have been given them plain and obvious meanings, which do not preclude the City’s liability. We agree with the plaintiff to the extent he argues that section 316.0085 may be read on its own without consideration of section 316.2065(11). However, reading section 316.0085 on its own still precludes the City’s liability....

...2009) (“We review de novo the dismissal of a complaint for failure to state a cause of action.”); Execu-Tech Business Systems, Inc. v. New Oji Paper Co. Ltd., 752 So.2d 582, 584 (Fla. 2000) (“A trial court’s ruling on a motion to dismiss based on a question of law is subject to de novo review.”). Section 316.0085, Florida Statutes (2014), entitled “Skateboarding; inline skating; freestyle or mountain and off-road bicycling; paintball; definitions; liability,” provides, in pertinent part: (1) The purpose of this section is to encourage gov...

...other persons or property which result from these activities.... A governmental entity that sponsors, allows, or permits ... inline skating ... on its property is not required to eliminate, alter, or control the .inherent risks in these activities. § 316.0085, Fla....

...s claim even though, he was damaged or injured while inline skating in an area not designated for such activity. . We reject this second argument as also leading to an absurd result. Given the Legislature’s express statement in subsection (3) that section 316.0085 “does not grant authority or permission for a person to engage in ......

...result to conclude that the Legislature nevertheless intended to permit governmental liability under subsection (5)(a) where a person is damaged or injured while inline skating, in an area not designated for such activity. Given our conclusion that section 316.0085, read on its own, precludes the City’s liability, we also conclude that the circuit court’s error, ruling that sections 316,0085 and 316.2065(11) must be read together, was harmless, Dade Cnty....

...1999) (“[I]f a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support the judgment in the record.”). In any event, to the extent the' circuit court’s ruling may have implicitly recognized that section 316.2065(11), like section 316.0085, supported dismissal of the plaintiffs claim, we agree with such recognition....

be made available for playing paintball. Id. § 316.0085(1). The panel acknowledges that the title and

under the circumstances existing; (2) that Section 316.085(2) provides that a vehicle shall not be driven

...against her on her negligence suit against Palm Beach County for injuries she suffered when she fell into a hole on a path maintained by the County, while she was rollerblading. The trial court granted summary judgment based upon the application of section 316.0085(4), Florida Statutes (2017), and Casserly v....

...The hole next to the pathway was obscured from her view by vegetation overgrowing the path. She filed a complaint against the County alleging negligence in failing to warn of a dangerous condition as well as failure to repair a dangerous condition. The County answered raising various defenses, but it did not raise section 316.0085(4), Florida Statutes (2017), as an affirmative defense. After discovery, the County moved for summary judgment and argued (for the first time) that Griffin was rollerblading on the pathway which was not specifically designated for rollerblading and therefore, pursuant to section 316.0085, the County was immune from liability. Section 316.0085(4) provides: A governmental entity or public employee is not liable to any person who voluntarily participates in skateboarding, inline skating, paintball, or freestyle or mountain and off-road bi...

...Robbins, 513 So. 2d 230 (Fla. 1st DCA 1987)). While the County argues that Griffin did not object to its assertion of the statute as a bar, we note in the record that her attorney did state early in the hearing, “Also, as it relates to this statute [316.0085], this statute was not raised by Defendant, Palm Beach County, on their affirmative defenses.” 1 Therefore, we conclude her argument is properly preserved....

approaching from the same direction. Fla. Stat. § 316.085(2) (1995). 4 Consent is one of many factual

approaching from the same direction. Fla. Stat. § 316.085(2) (1995).

trial court properly instructed the jury on section 316.-085(2), Florida Statutes (1985), entitled “Limitations