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DEPT. OF ENVIRONMENTAL PROTECTION v. HARDY

No. 5D04-860.

907 So.2d 655 (2005)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. Henry HARDY, Jr. and Mary Hardy, Appellees.

District Court of Appeal of Florida, Fifth District.

July 29, 2005.

Attorney(s) appearing for the Case

Barbara A. Eagan, Karen J. Cullen and Michael Broussard of Broussard, Cullen, DeGailler & Eagan, P.A., Orlando, for Appellant.

Christopher V. Carlyle, Shannon McLin Carlyle, Gilbert S. Goshorn, Jr., of The Carlyle Appellate Law Firm, The Villages, and Michael D. Jones of Michael D. Jones & Associates, P.A., Winter Springs, for Appellees.

THOMPSON, J.

A jury returned a $1,538,000 verdict against the State Department of Environmental Protection ("DEP") on the Hardys' amended cross-claim alleging negligence, negligent supervision of its employees, and trespass.1 DEP argues that it did not owe any statutory or common law duty to the Hardys, and if it did, sovereign immunity barred a cause of action for breach of any duty. Because we conclude that the trial court erred in denying...

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