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STATE, DEPT. OF HLT. & REHAB. SERV. v. WHALEY

No. 85-1818.

531 So.2d 723 (1988)

STATE DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellant, v. David WHALEY, Individually, and As Guardian of His Son, Michael Whaley, a Minor, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied October 26, 1988.

Attorney(s) appearing for the Case

Michael B. Davis of Davis, Critton, Hoy & Diamond, West Palm Beach, for appellant.

Allen E. Rossin of Babbitt, Hazouri & Phillips, P.A., and Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Roth & Romano, P.A., West Palm Beach, for appellee.

Carole B. Shauffer, San Francisco, Cal., for amicus curiae-Youth Law Center.

PER CURIAM.

Appellant, the Department of Health and Rehabilitative Services (HRS), seeks reversal of a final judgment awarding appellee, Michael Whaley, $100,000 in damages and appellee, David Whaley, $5,575 in damages, sustained as a result of an alleged sexual assault on Michael Whaley by a fellow detainee in a juvenile detention intake facility operated by HRS.

On March 14, 1982, Whaley and two companions were...

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