16 Fla. L. Weekly Supp. 868a

Online Reference: FLWSUPP 169STAT3

Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. MIAMI-DADE COUNTY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 07-09273-CC-05. June 30, 2009. Wendall M. Graham, Judge. Counsel: Amber N. Cornwell and David Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff. Marlon Moffett, Miami, for Defendant.

ORDER ON DEFENDANT’S MOTION TO DISMISS

THIS CAUSE having come before the Court upon Defendant’s Motion to Dismiss on June 1, 2009, and the Court having heard argument of Counsel and being otherwise fully advised in the premises, the Court finds as follows:

1. Plaintiff has filed suit seeking a commercial right of reimbursement for no-fault benefits paid on behalf of Godfrey Evans, in the amount of $10,000.00, pursuant to Florida Statute § 627.7405, the final section in the Florida No-Fault Statute.

2. Defendant filed a Motion to Dismiss Plaintiff’s Amended Complaint alleging that sovereign immunity bars Plaintiff from seeking recovery from Defendant, pursuant to Florida Statute § 768.28, because Defendant is a governmental entity.

3. However, the general waiver of sovereign immunity for tort actions provided for by Florida Statute § 768.28 allows for Plaintiff to bring this action against Defendant.

4. Plaintiff has sufficiently pled the waiver of sovereign immunity in the Amended Complaint.

Therefore it is hereby,

ORDERED AND ADJUDGED as follows:

1. Defendant’s Motion to Dismiss is hereby DENIED.