The plaintiff filed suit against the City of Marathon and its Councilman alleging negligence, intentional infliction of emotional distress and assault. Austin and Alison moved for summary disposition due to plaintiff’s failure to comply with Section 768.28, Florida Statutes, Failure to State a Cause of Action, and the Councilman’s entitlement to qualified immunity.
After multiple hearings, the trial court granted the motion and the plaintiff filed an appeal. The court affirmed the lower court’s ruling finding that the plaintiff failed to comply with the Florida Statute and that the Councilman was entitled to qualified immunity.
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