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STATE, BD. OF REGENTS v. YANT

No. HH-322.

360 So.2d 99 (1978)

STATE of Florida, Board of Regents, As Head of Famu Demonstration School and Florida Casualty Insurance Risk Management Trust Fund, Appellants, v. Napolean Hosea YANT, a Minor, by and through His Mother and Next Friend, Barbara Bozeman, and Barbara Bozeman, Individually, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 10, 1978.

Attorney(s) appearing for the Case

Thomas F. Woods of Woods, Johnston & Erwin, Tallahassee, for appellants.

Harold E. Regan, Tallahassee, for appellees.

BOYER, Judge.

We are here called upon to construe F.S. 768.28, by which the State of Florida partially waived its sovereign immunity. The real issue now presented is the effect of F.S. 768.28(5) on derivative claims.

In April of 1975, Napolean Yant, a six year old minor, sustained severe injuries as a result of the negligence of an agency of the State of Florida, appellant here. A jury returned a verdict for the injured child in the sum of $125,000.00 and...

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