Florida’s Fourth District Court of Appeal Wednesday certified a question that reflects an unfortunate reality: potential litigation fallout after mass shootings and other tragedies.

The court is weighing public agency exposure to damages if the government waives its sovereign immunity protections in cases of mass injury or deaths. The case hinges on whether the Florida Department of Children and Families and other public agencies failed to protect an 11-year-old boy, Javon Xavier Nelson, killed by his stepfather.

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