Trucking

This blog is the second on recent efforts by Republican legislators with the consequence of making Florida’s roads and highways more dangerous. (The first blog: Jeffrey P. Gale, P.A. // Republican Legislators Work to Make Florida’s Roadways Less Safe.)

Section 768.28(5)(a), Florida Statutes limits the recovery against the state and its agencies and subdivisions for tort lawsuits to $200,000 per individual claim and $300,000 total for all claims arising out of the same incident or occurrence.

No matter how catastrophic and life-altering the injuries may be or whether death results from the negligence of the sovereign, this is the hard cap.
It does not matter what a judge or jury decides regarding the extent of the damages.

Section 768.28(5)(a) is the outgrowth of section 768.28(1), which is a limited waiver by the state of the doctrine commonly referred to as “Sovereign Immunity.” The doctrine is derived from English common law under which the King could not be sued on the theories that he could do no wrong, and that there could be no legal rights against the authority that makes the laws upon which the rights depend. See Miles McCann, Visiting Fellow, National Association of Attorneys General, State Sovereign Immunity, Nov. 11, 2017, https://www.naag.org/attorney-general-journal/state-sovereign-immunity/(last visited Jan. 23, 2024).

In Alden v. Maine, 527 U.S. 706, 728 (1999), the Supreme Court of the United States held that the doctrine was adopted by our country’s Founders in the Constitution itself rather than the Eleventh Amendment, solidifying its place in American jurisprudence. The doctrine is available to the federal government and every state.

Not every state chooses to hide behind sovereign immunity. California and New York, states with large populations and high costs of living and medical care like Florida, have no caps on suits against their state and local governments. Among the states using cap limits, Florida’s numbers are some of the lowest, making them a mere slap on the wrist to wrongdoers and failing to encourage safer practices and procedures.

“Sine die,” the dropping of the handkerchief ceremony to signal the end of the legislative session in Florida, could not come soon enough this year for residents hoping for safer roads and highways.

During the 2024 legislative session, which ran from January 9, 2024 to March 8, 2024, Republican legislators proposed a variety of bills that would insulate trucking companies, road contractors, engineers and other contractors from liability when they make Florida’s roadways more dangerous.

Commercial Vehicles

Penske Corporation, Inc., one of the largest trucking rental companies in the nation, backed legislation that would give vehicle owners, lessors, and operators immunity from liability when those vehicles were not equipped to meet industry safety standards. Florida is not the only state targeted for similar legislation.

Industry safety standards are developed from the practice of customary methods and conduct over time. In many instances, the standards are codified in statutes, regulations, and industry publications, while experts in various fields often testify based on their experience and knowledge. Evidence of violation of industry standards is admissible as non-conclusive evidence of negligence. St. Louis-San Francisco Railway Company v. White, 369 So.2d 1007 (Fla. 1st DCA 1979). See also: St. Louis-San Francisco Railway Company v. Burlison, 262 So.2d 280 (Fla. 1st DCA 1972); Clements v. Boca Aviation, Inc., 444 So.2d 597 (Fla. 4th DCA 1984); Nance v. Winn Dixie Stores, Inc., 436 So.2d 1075 (Fla. 3rd DCA 1983); Reese v. Seaboard Coast Line Railroad Company, 360 So.2d 27 (Fla. 4th DCA 1978).

Articles Posted in Trucking

Jeffrey P. Gale, P.A. // Republicans Push Sovereign Immunity for Private Companies

Jeffrey P. Gale, P.A. // Republican Legislators Work to Make Florida’s Roadways Less Safe