terry's takes

May 31, 2023

City of Miami v. Robinson

The Third DCA held that the City of Miami could invoke sovereign immunity despite prior sanctions striking its defenses due to discovery violations. Robinson sued the City for negligence after an accident with a City-owned vehicle driven by an off-duty employee. The court found that sovereign immunity, like subject matter jurisdiction, can be raised at any time, and ruled that the employee was not within the scope of employment during the accident. Sovereign immunity thus barred the claim. Reversed and remanded.