An appeals court Wednesday shielded two board members of the South Broward Hospital District from a lawsuit filed by a former top executive who contends she was improperly fired in 2018.
A three-judge panel of the 4th District Court of Appeal said a state law provided immunity to board members Douglas Harrison and Laura Raybin Miller.
Kimarie Stratos, a former executive vice president, general counsel and chief privacy officer for the district, filed suit against the two board members and the district.
Stratos argued that the board conducted two unauthorized meetings in September 2018 and voted to fire her, Wednesday’s ruling said. She contended that the firing was in retaliation for reporting Sunshine Law violations and other improper conduct.
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The ruling said Stratos sued the two board members for “defamation, tortious interference with an advantageous business relationship, outrage, and gross negligent infliction of emotional distress. Stratos’ claims are based on defendants’ words and actions at the meetings, and their decision to vote for Stratos’ termination.”
Overturning a circuit judge’s decision, the appeals court said the board members were entitled to summary judgment because they are immune from liability for actions taken as part of their work.
“We agree with defendants that the trial court departed from the essential requirements of law and reversibly erred in denying their claims of immunity,” said the ruling by Judges Cory Ciklin, Burton Conner and Ed Artau. “Contrary to the trial court’s conclusion, the board had authority to review Stratos’ performance and to terminate her. Defendants cannot be sued based on words spoken and actions taken as board members.”
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