COMMERCIAL CARRIER CORPORATION et al., Petitioners,
v.
INDIAN RIVER COUNTY et al., Respondents.
William Walden CHENEY et al., Petitioners,
v.
DADE COUNTY, Respondent.
Supreme Court of Florida.https://leagle.com/images/logo.png
April 19, 1979.
Rehearing Denied July 9, 1979.
Attorney(s) appearing for the Case
Gilbert E. Theissen, of Gerald M. Walsh & Associates, Fort Lauderdale, for Commercial Carrier Corp., et al.
Alan R. Dakan, of High, Stack, Lazenby & Bender, Miami, for William Walden Cheney et al.
Robert M. Klein, of Stephens, Schwartz, Lynn & Chernay, P.A., Miami, for Indian River County.
Alan E. DeSerio, Larry K. White and H. Reynolds Sampson, Gen. Counsel, Tallahassee, for Florida Department of Transportation.
Steven R. Berger, of Carey, Dwyer, Cole, Selwood & Bernard, Miami, for Dade County.
Ronald W. Brooks and Michael T. Callahan, of Brooks & Callahan, for Departments of Highway Safety and Motor Vehicles and Offender Rehabilitation, amici curiae.
Alan E. DeSerio, S.W. Moore, Jerrold K. Phillips and H. Reynolds Sampson, Gen. Counsel, Tallahassee, for Department of Transportation, amicus curiae.
Robert Orseck, of Podhurst, Orseck & Parks, Miami, for The Academy of Florida Trial Lawyers, amicus curiae.
Jackson L. Peters, of Knight, Peters, Pickle, Niemoeller & Flynn, Miami, for Dade County School Board, amicus curiae.
Supreme Court of Florida.
SUNDBERG, Justice.
It is our task today to determine the scope of the waiver of sovereign immunity resulting from the enactment of chapter 73-313, as amended by chapter 74-235, Laws of Florida, section 768.28, Florida Statutes (1975).1 The issue reaches us by writ of certiorari from two separate decisions of the District Court of Appeal, Third District, which have been consolidated for review by this Court. The first decision, Commercial...
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