Anna Lopez Wooden and James Wooden, Jr., in Their Individual Capacities as Personal Representatives of the Estate of Keturah Wooden, Decedent; And Isaiah Wooden v. City of Panama City Beach, Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 9, 2021
Docket1D20-1277
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-1277
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ANNA LOPEZ WOODEN and
JAMES WOODEN, JR., in their
individual capacities as personal
representatives of THE ESTATE
OF KETURAH WOODEN, decedent;
and ISAIAH WOODEN,
Appellants,
v.
CITY OF PANAMA CITY BEACH,
FLORIDA,
Appellee.
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On appeal from the Circuit Court for Bay County.
John L. Fishel, II, Judge.
August 9, 2021
PER CURIAM.
AFFIRMED. Cf. Dep’t of Transp. v. Neilson, 419 So. 2d 1071,
1073 (Fla. 1982) (holding that “failure to install traffic control
devices and the failure to upgrade an existing road or intersection,
as well as the decision to build a road or roads with a particular
alignment, are judgmental, planning-level functions and absolute
immunity attaches”); Payne v. Broward County, 461 So. 2d 63, 66
(Fla. 1984) (holding that as a matter of law, “hidden trap”
exception to immunity not triggered in case where girl killed by
pickup truck as she crossed two-lane road after sidewalk ended
mid-block a short distance from a controlled intersection, because
“the danger created was no greater than that existing anywhere it
is possible to cross a road in midblock” and there is no duty to warn
pedestrians of “readily apparent” dangers like “crossing the street
in midblock”); see Com. Carrier Corp. v. Indian River County, 371
So. 2d 1010, 1020 (Fla. 1979) (explaining that “certain policy-
making, planning or judgmental governmental functions cannot be
the subject of traditional tort liability”); Payne, 461 So. 2d at 65
(explaining that state and local governmental entities are always
immune for a decision to build or change a road, even when
“unwise,” in order “to prevent judicial intrusion into planning-level
decisions”).
B.L. THOMAS, KELSEY, and TANENBAUM, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Anna Lopez Wooden, James Wooden, Jr., and Isaiah Wooden, pro
se, Appellants.
Scott J. Seagle, of Coppins Monroe, P.A., Tallahassee, for Appellee.
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