Opinion
CASE NO. 1D16-2611
06-23-2017
ANDERSON JEROME PARKER, SR., Appellant, v. THE GEO GROUP, INC., Appellee.
Frederick J. Gant, Pensacola, for Appellant. Scott J. Seagle of Coppins Monroe Adkins & Dincman, P.A., Tallahassee, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED An appeal from the Circuit Court for Santa Rosa County.
John F. Simon, Judge. Frederick J. Gant, Pensacola, for Appellant. Scott J. Seagle of Coppins Monroe Adkins & Dincman, P.A., Tallahassee, for Appellee. WOLF, J.
Appellant challenges the trial court's reliance on the one-year statute of limitations period found in section 95.11(5)(g), Florida Statutes (2012), which led the court to dismiss appellant's claim alleging he suffered physical injuries as a result of prison operators' negligence. Appellee correctly concedes that section 95.11(5)(g) is not applicable to the case at hand and that appellant's claim was wrongfully dismissed. See Green v. Cottrell, 204 So. 3d 22 (Fla. 2016). The applicable statute of limitations for an action in negligence against a private entity providing correction services in Florida should be the four-year statute of limitations period outlined in section 95.11(3)(a), Florida Statutes (2012). We, therefore, reverse and remand this case for further proceedings. RAY and BILBREY, JJ., CONCUR.