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Sierra v. Associated Marine Institutes6/18/2003
ntervene by way of tort law, it inappropriately would entangle itself in fundamental questions of policy and planning." Id.
In City of Pinellas Park v. Brown, 604 So. 2d 1222 (Fla. 1992), the supreme court applied these tests to a suit stemming from the deaths of two innocent bystanders during a raucous high speed police chase through the streets and roads of Pinellas County.
his conduct cannot honestly be characterized either as `policy' or `planning,' because it self- evidently was contrary to both. In fact, the plaintiffs have alleged that each of the police agencies had adopted a policy to the contrary. Accordingly, the actions of the police in this instance are not entitled to sovereign immunity.
Id. at 1226 (citing Dep't of Transp. v. Neilson, 419 So. 2d 1071, 1077- 78 (Fla. 1982)).
The same is true of the conduct alleged in Mrs. Sierra's second amended complaint. As such, it was operational activity, not shielded by sovereign immunity.
CONCLUSION
Mrs. Sierra's second amended complaint did not affirmatively and clearly demonstrate the conclusive applicability of the defendants' affirmative defenses based on workers' compensation immunity and sovereign immunity. Accordingly, we reverse the order dismissing her suit with prejudice and remand for further proceedings.
FULMER, J., and GREEN, OLIVER J., SENIOR JUDGE, Concur.
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