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Filtered by category: sovereign immunity floridaApril 1, 2024
3rd dca, premises liability, sovereign immunity floridaCity of Miami Beach v. Menendez
In a recent ruling, the court confirmed that the City of Miami Beach holds a duty of care for public swimming areas it operates, such as South Beach. The city cannot claim sovereign immunity to avoid liability for known dangers within these areas, regardless of formal state park designation. By maintaining a public swimming facility, the city assumes the common law obligation to ensure safety, similar to a private entity. While a plaintiff's awareness of potential dangers may influence comparative negligence, it does not absolve the city of responsibility for addressing hazardous conditions.
read moreFebruary 23, 2024
1st dca, medical malpractice presuit, sovereign immunity florida, wrongful deathFagan v. Jackson County Hospital District
In this Florida case, the court dismissed a wrongful death claim against Jackson County Hospital District due to missed statutory notice requirements. The plaintiff failed to notify the Florida Department of Financial Services (DFS) within the two-year deadline required under Fla. Stat. § 768.28(2) for suing state agencies. Although the plaintiff argued that the presuit tolling provisions for medical malpractice should extend the notice period, the court held that these provisions apply only to filing deadlines, not to statutory notice requirements for state entities. The District Court of Appeal affirmed the dismissal, emphasizing the strict interpretation of sovereign immunity laws.
read moreJune 27, 2023
5th dca, sovereign immunity floridaCity of Winter Park v. Veigle
The Fifth DCA ruled that the City of Winter Park is shielded by sovereign immunity in a case where a police officer, driving home in a patrol vehicle after work, was involved in an accident. The court held that the officer was not acting within the scope of his employment at the time, as merely driving a take-home patrol car does not establish government liability. The decision reversed the trial court’s denial of summary judgment and reinforced that sovereign immunity bars such claims when employees are off-duty. Reversed and remanded.
read moreJune 7, 2023
4th dca, motion to dismiss, sovereign immunity florida, writ of prohibitionSeminole Tribe of Florida v. Manzini
manzini is the plaintiff in a negligence action against the seminole tribe of florida. the tribe is federally recognized, so it is entitled to sovereign immunity over all claims that are not abrogated by congress or waived by the tribe itself.
read moreMay 31, 2023
3rd dca, affirmative defenses, sovereign immunity florida, summary judgement standardCity of Miami v. Robinson
The Third DCA held that the City of Miami could invoke sovereign immunity despite prior sanctions striking its defenses due to discovery violations. Robinson sued the City for negligence after an accident with a City-owned vehicle driven by an off-duty employee. The court found that sovereign immunity, like subject matter jurisdiction, can be raised at any time, and ruled that the employee was not within the scope of employment during the accident. Sovereign immunity thus barred the claim. Reversed and remanded.
read moreApril 12, 2023
1st dca, sovereign immunity floridaEmerald Coast Utilities Authority v. Thomas Home Corp.
Thomas Home Corp. sued Emerald Coast Utilities Authority (ECUA) over sewer permit denial due to insufficient lift station capacity. ECUA claimed sovereign immunity with a $200,000 liability cap, but the trial court denied summary judgment. The First District Court of Appeal affirmed, allowing interlocutory appeal on sovereign immunity, but held the facts needed further development. Special concurrences debated the timing and applicability of statutory damage caps for sovereign entities. Full opinion available.
read moreApril 12, 2023
1st dca, sovereign immunity floridaEmerald Coast Utilities Authority v. Thomas Home Corp.
In Emerald Coast Utilities Authority v. Thomas Home Corp., the Eleventh Circuit Court of Appeals addressed sovereign immunity for the Emerald Coast Utilities Authority (ECUA) in a property development dispute. The case arose after ECUA allegedly misrepresented the capacity of a sewer lift station, resulting in a $10 million lawsuit from Thomas Home Corporation (THC). The court reviewed the applicability of Florida’s liability cap and sovereign immunity, affirming the denial of ECUA’s motion for partial summary judgment.
read moreApril 12, 2023
2nd dca, negligence, sovereign immunity floridaThe City of New Port Richey v. Lamko
two plaintiffs sued the city of new port richey for negligence due to injuries suffered as the result of a high-speed pursuit by the city’s police officer.
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