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STATE, DEPT. OF CORRECTIONS v. KOCH

No. 90-1705.

582 So.2d 5 (1991)

STATE of Florida, DEPARTMENT OF CORRECTIONS, Appellant, v. Patricia Derban KOCH, individually, as Personal Representative of the Estate of Robert Graham Koch, Deceased, and As Natural Parent and Guardian of Travis Derban Koch, and Robert Graham Koch, II, Minors, and Next Friend of Tiffany Colleen Koch, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 8, 1991.

Attorney(s) appearing for the Case

R. William Roland and Mary L. Wakeman, of McConnaughhay, Roland, Maida, Cherr & McCranie, Tallahassee, for appellant.

Ronald W. Brooks, of Brooks & LeBoeuf, Tallahassee, for appellee.

Thomas M. Ervin, Jr., Ervin, Varn, Jacobs, Odom & Ervin, Tallahassee, for amicus curiae The Academy of Florida Trial Lawyers.

CAWTHON, Senior Judge.

The State of Florida, Department of Corrections (DOC), appeals a final order granting a motion for partial summary judgment which holds DOC liable for the negligence of its employee who fatally struck an employee of the Department of Transportation (DOT) in an automobile accident.1 DOC contends that it is immune from suit based on the exclusive remedy provision of § 440.11, Florida Statutes, and the sovereign...

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