Civil Litigation
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Polk County v. Sofka
26 Fla. L. Weekly D2530 (Fla. 2d DCA Oct. 19, 2001)
As a general rule, decisions involving the installation of traffic control devices, the initial plan and alignment of roads, or the improvement or upgrading of roads or intersections, are judgmental, planning level functions to which absolute immunity attaches. An exception to this rule exists, however, when a governmental entity creates a known dangerous condition, which is not readily known to persons who could be injured by the conditions. In such situations, a duty at the operational level arises to warn the public of the known danger, and courts can require a necessary warning without substantially interfering with the governing powers of the coordinate branches. This exception contemplates a dangerous condition so hazardous and so inconspicuous to a foreseeable plaintiff that it virtually constitutes a trap. The evidence at trial created an issue of fact as to whether a known dangerous condition existed and whether the county took part in creating it. The court found that the Plaintiff presented sufficient evidence from which the jury could reasonably infer the county
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