8/28/19 Florida Supreme Court Oral Arguments: Michael Barnett, etc., et al. v. State of Florida, Department of Financial Services, et al SC19-87

The estranged husband of Natasha Whyte-Dell entered her residence and fatally shot her and four of her children in 2010. Mr. Barnett and Mr. Nelson, as personal representatives of the estates of the children, filed an action against the State of Florida seeking compensation for wrongful death and negligence. They argued that during a domestic violence investigation, the Department of Children and Families failed to protect the children from harm. The State of Florida argued its sovereign immunity limits financial recovery for victims under Florida law. Mr. Barnett and Mr. Nelson claimed each shooting qualified as a separate incident or occurrence and, therefore, the limitations do not apply. The trial court ruled that the shooting created a separate incident for purposes of the sovereign immunity damage caps under Florida law. On appeal, the Fourth District Court of Appeal reversed the trial court ruling but certified a question of great public importance to this Court.