Gerard v. Dept. of Transp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that payment of the maximum permitted by section 768.28(5) did not preclude a negligence action to establish government liability to support a claims bill; in other words, the Department was not immune from suit above the cap
• explaining that after a claims bill is presented, the Legislature conducts its own independent hearing
• DOT held to be entitled to a setoff against its statutory waiver of immunity in the total amount paid by the codefendant city's insurer since section 768.28(5
• relief by way of claims bill entirely in the Legislature’s discretion
• “[S]tatutory waiver of sovereign immunity must be clearly expressed and strictly construed[.]”

Source: CourtListener parenthetical corpus (CC0).