ATWATER v. BROWARD COUNTY

No. 88-1488.

556 So.2d 1161 (1990)

Warren ATWATER, As Legal Guardian of Gordon Atwater, Appellant, v. BROWARD COUNTY, Florida, D/B/a and Operating As Broward County Mental Health Program, and Cesar Hernandez, M.D., Appellees.

District Court of Appeal of Florida, Fourth District.

Certification Denied March 13, 1990.


Attorney(s) appearing for the Case

Gary M. Farmer and Martin J. Sperry of Gary M. Farmer, P.A., Fort Lauderdale, for appellant.

John J. Copelan, Jr., Co. Atty., Andrea Karns Hoffman, Alexander Cocalis, and Gregory Durden, Asst. Co. Attys., Fort Lauderdale, for appellee-Broward County.


STONE, Judge.

We affirm an order dismissing a negligence action against a doctor employed by the county. The appellant contends that section 768.28(9)(a), Florida Statutes (waiver of sovereign immunity in tort actions), is not a bar to a claim against a government employee, otherwise granted immunity from personal liability under the act, where he is covered by privately purchased liability insurance. The appellant argues that the doctor waived his statutory immunity...

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