Frederic Guttenberg, etc., et al. v. The School Board of Broward County

Summary

The Florida Supreme Court affirmed a circuit court judgment applying the sovereign-immunity damage caps in section 768.28(5), Florida Statutes, to claims arising from the Parkland mass shooting. Relying on Barnett v. State Department of Financial Services, the court held that the shooting constituted a single incident or occurrence subject to the aggregate statutory cap.

Holdings

1. For purposes of the sovereign-immunity damage caps in section 768.28(5), Florida Statutes, the mass shooting constituted a single incident or occurrence, and cumulative liability for all resulting injury claims could not exceed the aggregate statutory cap.

Questions Presented

1. Whether the mass shooting constituted a single incident or occurrence for purposes of the aggregate sovereign-immunity damage cap in section 768.28(5), Florida Statutes.
2. Whether the circuit court properly granted summary judgment and entered a final declaratory judgment applying the statutory damage cap.

Disposition

affirmed