BROWARD COUNTY v. PAYNE

Nos. 80-1966, 80-2126 and 81-4.

437 So.2d 719 (1983)

BROWARD COUNTY, Appellant, v. James H. PAYNE, etc., et al., Appellees. James H. PAYNE, etc., et al., Appellants, v. CITY OF CORAL SPRINGS, Appellee. James H. PAYNE, etc., et al., Appellants, v. Steven WALLICE, etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 7, 1983.


Attorney(s) appearing for the Case

Harry A. Stewart, Gen. Counsel, and John Franklin Wade, Asst. Gen. Counsel, Fort Lauderdale, for Broward County.

Larry Klein, West Palm Beach, and Ronald E. Solomon, P.A., Fort Lauderdale, for appellee-School Bd. of Broward County.

Martin J. Sperry of Krathen & Sperry, P.A., and Nancy Little Hoffmann of Law Offices of Nancy Little Hoffmann, P.A., Fort Lauderdale, for Payne.


LETTS, Judge.

The principal question presented in these consolidated appeals is whether the failure to install a traffic signal at an intersection near a school, which failure allegedly contributed to the accident that killed a 17 year old student, constitutes a planning or an operational function of government.

At first blush it appears obvious that it was a planning function which granted absolute immunity, by reason of the recent Supreme Court decision...

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