CITY OF LAKE WORTH, PETITIONER,
v.
SOUHEIL AZIZNAKIE NICOLAS, RESPONDENT
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The Florida Supreme Court clarified the limits on governmental tort liability under Florida Statutes section 768.28. The Court held that the statutory cap of $50,000 constitutes the absolute maximum recovery against a governmental entity, including all damages, costs, and post-judgment interest, and that costs cannot be awarded in addition to the statutory limit.
The statutory limit of $50,000 constitutes the absolute maximum amount of recovery against a governmental entity, including all elements of damages, costs, and post-judgment interest. Costs cannot be awarded in addition to this cap. However, the trial court may render judgment for the full amount of damages and costs, but the city's payment obligation is limited to the statutory maximum, with the excess being subject only to legislative appropriation.
[1] Statutory limits on governmental liability include all elements of damages, costs, and post-judgment interest.
[2] A governmental body's liability is capped at the statutory limit, even if the judgment, including costs, exceeds that amount.
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Join FLexlaw to unlock all legal intelligence“although costs are recoverable against a governmental body, the statutory limit of liability constitutes the absolute maximum amount of recovery including all elements of damages, costs, and post-judgment interest”
Establishes the core holding that the statutory cap is absolute and encompasses all forms of recovery
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Join FLexlaw to unlock all legal intelligenceThe City of Lake Worth was found liable for damages in the amount of $68,750, and the trial court awarded additional costs of $2,851.65 against the ci…
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BOYD, Justice.
This cause is before the court on petition for review of the decision in City of Lake Worth v. Nicolas, 416 So. 2d 886 (Fla. 4th DCA 1982). We accepted jurisdiction on the ground that the district court’s decision there was in conflict with Berek v. Metropolitan Dade County, 396 So. 2d 756 (Fla. 3d DCA 1981). The latter decision was also brought before this Court for review and was approved in part and quashed in part. Berek v. Metropolitan Dade County, 422 So. 2d 838 (Fla.1982). In Berek we held that although costs are recoverable against a governmental body, the statutory limit of liability constitutes the absolute maximum amount of recovery including all elements of damages, costs, and post-judgment interest.
In the present case the district court correctly determined that the liability imposed on the defendant should have been limited to $50,000, but went on to hold that the defendant could also be required to pay the plaintiff’s costs of $2851.65. We therefore quash that portion of the district court’s decision that affirmed the award of costs.
For purposes of the remand we direct the trial court’s attention to the last sentence of section 768.28(5), Florida Statutes (1975), which provides:
However, a judgment or judgments may be claimed and rendered in excess of these amounts [the $50,000/$100,000 limits] and may be settled and paid pursuant to this act up to $50,000 or $100,000, as the case may be, and that portion of the judgment that exceeds these amounts may.be reported to the legislature, but may be paid in part or in whole only by further act of the legislature.
Pursuant to this provision and our Berek decision the trial court may render judgment for the full amount of the damages, $68,750, plus costs, but upon payment of $50,000 by or on behalf of the City of Lake Worth the respondent shall be required to give a satisfaction of judgment, his recourse for the excess being only to the legislature.
The decision of the district court of appeal is approved in part and quashed in part. The case is remanded for further proceedings consistent with this opinion.
It is so ordered.
OVERTON, McDonald and EHRLICH, JJ., concur. ADKINS, Acting C.J., dissents.
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Fla. Dep't of Env't Prot. v. Contractpoint Fla. Parks, LLC, 986 So. 2d 1260 (Fla. 2008)…. (2007) (emphasis added). This Court has strictly construed prior versions of section 768.28, holding that payment of any kind in excess of the statutory caps could only be obtained through the Legislature. See, e.g., City of Lake Worth v. Nicolas, 434 So. 2d 315 (Fla.1983); Berek v. Metro. Dade County, 422 So. 2d 838 (Fla.1982). In those cases, the Court expressed no concern about the feasibility of seeking redress before the Legislature and abided by the long established principles that "[i]n Florida, sove…
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Mauricio J. DeALMEIDA, M.D. v. Graham, 524 So. 2d 666 (Fla. 4th DCA 1987)…ation on attorney’s fees relates to any judgment or settlement and therefore applies to all situations involving waiver of sovereign immunity regardless of the source of payment. Id. at 849 [emphasis in original]. In City of Lake Worth v. Nicolas, 434 So. 2d 315 (Fla.1983), the supreme court held: Pursuant to this provision [(768.2895)] and our Berek [v. Metropolitan Dade County, 396 So. 2d 756 (Fla. 3d DCA 1981)] decision the trial court may render judgment for the full amount of the damages, $68,750, plu…
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Bernadette Ingraham v. Dade Cnty. Sch. Bd., 450 So. 2d 847 (Fla. 1984)….28 has no such restriction. Section 768.28 specifically excludes punitive damages. Section 286.28 has no such restriction. The statutory cap of section 768.28 has been construed by this Court to include court costs. City of Lake Worth v. Nicolas, 434 So. 2d 315 (Fla.1983); Berek v. Metropolitan Dade County, 422 So. 2d 838 (Fla.1982). There is no such limitation when there is insurance coverage. I conclude from these differences that it was never the legislative intent to graft section 768.28 onto section…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Berek v. Metro. Dade Cnty., 422 So. 2d 838 (Fla. 1982)
- Berek v. Metro. Dade Cnty., 396 So. 2d 756 (Fla. 3d DCA 1981)
- City OF Lake Worth v. Souheil Aziznakie Nicolas, 416 So. 2d 886 (Fla. 4th DCA 1982)