Calhoun v. Nienhuis
110 So. 3d 24
| Fla. Dist. Ct. App. | 2013Background
- Calhoun, a pre-trial detainee, sued Hernando County Sheriff for negligence based on jail employees’ alleged acts.
- She asserted pre-suit compliance with the waiver-of-sovereign-immunity statute, section 768.28, Florida Statutes (2010).
- The Sheriff moved for summary judgment arguing the one-year limitations period of section 95.11(5)(g) applied because the injury occurred more than a year earlier.
- Calhoun argued the four-year limitation in section 768.28(14) controlled the action.
- The trial court granted summary judgment in favor of the Sheriff, concluding section 95.11(5)(g) governed the suit.
- The appellate court reversed, holding section 768.28(14) governs, and the action was timely filed under that four-year period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute of limitations governs the suit against the Sheriff. | Calhoun contends 768.28(14) applies. | Sheriff argues 95.11(5)(g) governs. | 768.28(14) governs; action timely under four-year period. |
Key Cases Cited
- Public Health Trust v. Menendez, 584 So.2d 567 (Fla. 1991) (768.28 supersedes 95.11 in medical-like government actions; exception clause favors 768.28.)
- Beard v. Hambrick, 396 So.2d 708 (Fla. 1981) (768.28 applies to actions against government entities; seeks uniform limitation period.)
- Public Health & Rehab. Servs. v. S.A.P., 835 So.2d 1091 (Fla. 2002) (Time limits for 768.28 actions controlled by 768.28(14).)