A legal case summary. A Florida couple were recently given the right to a jury trial by the Florida Supreme Court for injuries they received in a collision at an intersection where county workers were doing maintenance work. The issue in this case was whether a governmental entity can be held liable for failing to take reasonably necessary steps at a road maintenance work site to protect the safety of passing motorists. The case came down to the question of whether maintenance is a discretionary or operational level function. The Supreme Court held that the county was not shielded by sovereign immunity and that the question of negligence was for a jury to decide.