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POLK COUNTY v. SOFKA

No. 95-01886.

675 So.2d 615 (1996)

POLK COUNTY, Appellant, v. Donna M. SOFKA, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 14, 1996.

Attorney(s) appearing for the Case

Hank B. Campbell of Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobsen, P.A., Lakeland, for Appellant.

John W. Frost, II, Neal L. O'Toole, and Mark A. Sessums of Frost, O'Toole & Saunders, P.A., Bartow, for Appellee.

BLUE, Judge.

Polk County appeals the final judgment entered in Donna Sofka's favor following a jury verdict. The County contends that it is entitled to sovereign immunity for the negligence that allegedly caused Sofka's extensive and serious injuries. We conclude that the County's liability resulted from an operational-level decision, the creation of a dangerous condition for which the County failed to warn, which is not entitled to sovereign immunity. Accordingly...

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