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BERGMANN v. FLORIDA DEPARTMENT OF TRANSPORTATION

No. 1D13-3160.

144 So.3d 582 (2014)

Sandra BERGMANN, as Personal Representative of the Estate of Paul R. Bergmann, Appellant, v. FLORIDA DEPARTMENT OF TRANSPORTATION, a governmental agency and Willie B. Wynn, individually, Appellees.

District Court of Appeal of Florida, First District.

July 30, 2014.

Attorney(s) appearing for the Case

William S. Graessle of William S. Graessle, P.A., Jacksonville, for Appellant.

Pamela Jo Bondi , Attorney General, Cecilia Bradley , Senior Assistant Attorney General, and Rachel Nordby , Deputy Solicitor General, Tallahassee, for Appellee Florida Department of Transportation.

PER CURIAM.

Appellant challenges a final order of dismissal in her negligence action for damages sustained in a collision on a roadway over which the Florida Department of Transportation (FDOT) has jurisdiction. The trial court ruled that the claim is precluded by FDOT's sovereign immunity.

In reviewing the propriety of an order granting a motion to dismiss, we must take all the facts alleged in the complaint as true and draw all reasonable inferences in favor...

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