Judge's Gavel. TFP File Photo MARION COUNTY, Fla. - A Florida appeals court has ruled that the Marion County School Board is not required to reimb
MARION COUNTY, Fla. – A Florida appeals court has ruled that the Marion County School Board is not required to reimburse an auto insurer for injuries sustained by a passenger in a school bus accident.
The decision, made by a three-judge panel of the 5th District Court of Appeal, overturns a lower court ruling and shields the school board from liability under the principle of sovereign immunity, which generally protects government agencies from lawsuits.
The case involved a passenger on a Marion County school bus who was injured in an accident and covered by a State Farm auto insurance policy. State Farm paid over $7,000 for the passenger’s medical expenses under their personal injury protection (PIP) coverage and then sought reimbursement from the school board.
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However, the appeals court ruled that the state legislature has not explicitly waived sovereign immunity in such cases. “We cannot infer a waiver of sovereign immunity,” wrote Judge Brian Lambert in the ruling. “It is the legislature’s responsibility to clearly and unequivocally waive sovereign immunity, and we will not do so in the absence of a clear directive.”
This ruling conflicts with a previous decision by the 2nd District Court of Appeal in a similar case, but aligns with a more recent ruling from the 4th District Court of Appeal. The 5th DCA has certified this conflict, which could lead to the Florida Supreme Court taking up the issue to provide a definitive ruling.
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