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Lovelace v. G4S Secure Solutions (United States), Inc.

Lovelace v. G4S Secure Solutions (United States), Inc.

Court of Appeal of Florida, Fourth District

May 12, 2021, Decided

No. 4D20-1434

Opinion

 [*180]  Levine, C.J.

Appellant alleged that appellee, G4S Secure Solutions (USA), Inc., was negligent in failing to detect and remove a piece of plexiglass that appellant fell on. The trial court granted summary judgment finding that sovereign immunity under section 768.28(9)(a), Florida Statutes (2015), applied due to the nature of the control that Broward County asserted over G4S. We agree with the trial court and find that G4S was entitled to sovereign immunity. However, we disagree with the trial court that subsection (9)(a) applies and find that, under the facts of this case, G4S was entitled to sovereign immunity under section 768.28(5), Florida Statutes (2015). Thus, we affirm in part and reverse in part.

Broward County contracted with G4S to provide security services at various county facilities including the Broward Government [**2]  Center. Appellant allegedly slipped and fell on a piece of plexiglass lying on the ground outside the Broward Government Center. Appellant claimed that G4S was negligent in failing to detect and remove the plexiglass. G4S moved for summary judgment claiming that, as an agent of Broward County, it was entitled to sovereign immunity under section 768.28(9)(a). G4S cited to many provisions of the agreement between Broward County and G4S to demonstrate the high level of control Broward County asserted over G4S.

The agreement between Broward County and G4S contained the following various provisions relevant to the issue of control and sovereign immunity:

ARTICLE 5. INDEMNIFICATION

G4S shall at all times hereafter indemnify, hold harmless and defend County and all of County's current and former (limited to the term of this Agreement) officers, agents, servants, and employees (collectively, "Indemnified Party") from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including reasonable attorneys' fees, court costs, and expenses (collectively, a "Claim"), raised or asserted by any person or entity not a party to this Agreement, which Claim is caused or alleged [**3]  to be caused, in whole or in part, by any intentional, reckless or negligent act or omission of G4S, its current or former officers, employees, agents, or servants, arising from, relating to, or in connection with this Agreement. . . .

ARTICLE 6. INSURANCE

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320 So. 3d 178 *; 2021 Fla. App. LEXIS 6769 **; 46 Fla. L. Weekly D 1081; 2021 WL 1899497

KEVIN LOVELACE, Appellant, v. G4S SECURE SOLUTIONS (USA), INC., Appellee.

Notice: NOT FINAL UNTIL DISPOSITION OF TIMELY FILED MOTION FOR REHEARING.

Subsequent History: Review denied by G4S Secure Sols. (USA), Inc. v. Lovelace, 2021 Fla. LEXIS 1424 (Fla., Aug. 30, 2021)

Prior History:  [**1] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Nicholas R. Lopane, Judge; L.T. Case No. CACE 16022936 (03).

CORE TERMS

training, employees, Contractor, personnel, guard, security guard, trial court, agency relationship, agencies, orders, sovereign immunity, records, degree of control, summary judgment, patient, immunity, provisions, assigned, audit, clinic, agent of the state, regulations

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Appeals, Summary Judgment Review, Standards of Review, Judgments, Entitlement as Matter of Law, Standards of Review, De Novo Review, Constitutional Law, State Sovereign Immunity, Waiver, Interstate Commerce, Governments, Local Governments, Claims By & Against, Torts, Liability, State Tort Claims Acts, Entities Covered, State & Territorial Governments, Public Entity Liability, Immunities, Sovereign Immunity, Business & Corporate Law, Agency Relationships, Establishment, Agency Agreements, Burdens of Proof, Evidence, Inferences & Presumptions, Inferences, Education Law, Administration & Operation, School Safety, Illegal Third Party Activities, Legislation, Interpretation