Supreme Court of Florida
Florida Department of Transportation, Petitioner v. Dorthy Schwefringhaus, Respondents
April 7, 201641 Fla. L. Weekly Supp. 137
Summary
The Court held that the Department of Transportation was bound by the indemnity provision in a statutorily authorized railroad crossing agreement and could not invoke sovereign immunity to avoid its contractual obligations. It further held that the statutory liability limits for tort claims did not apply to the railroad's contract-based indemnity claim. The Court approved the Second District's decision and remanded for further proceedings consistent with its opinion.