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OWENS v. DEPT. OF HWY. SAFETY & MOTOR VEHICLES

No. 89-1997.

572 So.2d 953 (1990)

James OWENS, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 11, 1991.

Attorney(s) appearing for the Case

Mary M. McDaniel of Minkoff and McDaniel, P.A., Tavares and Leon G. Jacobs and Jackson O. Brownlee of Brownlee and Jacobs, P.A., Orlando, for appellant.

John D. Kiernan of Harris, Barrett, Mann & Dew, St. Petersburg, for appellee.

GOSHORN, Judge.

James Owens appeals a directed verdict in favor of the Department of Highway Safety and Motor Vehicles. Owens was injured when a car driven by a state trooper ran over him. Because there was evidence, albeit exceedingly slim, from which the jury could find negligence on the part of the trooper, and because the doctrine of sovereign immunity does not bar Owens' suit, we reverse and remand for further proceedings.

At trial, Owens testified that...

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