Wallace v. Dean
34 Fla. L. Weekly S 52 (Fla. 2009)
Plaintiff filed a wrongful death action against sheriff alleging that decedent died as result of negligent actions of deputies who responded to a 911 call to conduct a well-being check at decedent's home several days before she died. The deputies found the decedent totally unresponsive, giving rise to the claim that they negligently increased risk of harm to decedent by failing to summon an ambulance. The court held that it was error to dismiss complaint on ground that defendant did not owe decedent a duty of care. Having undertaken to respond to 911 call and complete a safety check the sheriff owed decedent a common-law duty of care. Sovereign immunity did not bar plaintiff’s action against sheriff. The Deputies were performing an operational-level function, which involved the implementation of a preexisting policy or program, the established 911 system, and this operational conduct did not involve the exercise of any type of quasi-legislative discretion. Plaintiff’s complaint stated valid negligence-based wrongful death cause of action, which is not barred by doctrine of sovereign immunity.