Opinion
No. 90-2158.
May 21, 1991.
An Appeal from the Circuit Court for Dade County; Ursula Ungaro-Benages, Judge.
Philip M. Gerson, Miami, for appellant.
Daniels, Kashtan Fornaris and Michael Kashtan, Coral Gables, Jeanne Heyward, Miami, for appellee.
Before HUBBART, BASKIN and COPE, JJ.
As the appellee engineering firm is squarely within the definition of construction design professional, § 440.02(25), Fla. Stat. (1989), and as its contractual obligations under its Standard Consulting Agreement with the Florida Department of Transportation qualify for the immunity of subsection 440.09(5), Florida Statutes (1989); see also Vorndran v. Wright, 367 So.2d 1070 (Fla. 3d DCA), cert. denied, 378 So.2d 350 (1979), the judgment is affirmed.