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DeBOLT v. DEPT. OF HEALTH & REHAB. SERVICES

No. AL-19.

427 So.2d 221 (1983)

David DeBOLT, Individually, and As Father and Next Friend of Douglas DeBolt, a Minor, Appellant, v. The DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, State of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 18, 1983.

Attorney(s) appearing for the Case

Stan Trappe, Brian A. Dusseault and Pamela Dru Sutton, Panama City, for appellant.

John A. Bussian, III of Isler, Brown, Smoak, Harrison, Nabors & Bussian, Panama City, for appellee.

ERVIN, Judge.

In this appeal we are asked to determine whether the trial court erred in granting summary judgment in favor of appellee, the Florida Department of Health and Rehabilitative Services (HRS), thus precluding appellants, Douglas and David DeBolt, from proceeding against HRS on a negligence theory. Appellants contend that the trial court erred, first, in finding that HRS enjoys complete tort immunity by operation of Section 402.34, Florida Statutes (1981...

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