Governmental Function Vs. Proprietary Function

47 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Azor J. Everton, Jr. v. Willard
  468 So. 2d 936· Fla.· 1985-04-04 ·cited 264×
  The Florida Supreme Court held that a law enforcement officer's discretionary decision whether to arrest or enforce the law is a basic governmental function immune from tort liability. The case arose when a deputy allowed an intoxicated driver to proceed after a traffic stop, and
• Cir. Court OF Twelfth Jud. Cir. v. Dep't OF Natural Res. of the State of Fla.
  339 So. 2d 1113· Fla.· 1976-11-24 ·cited 64×
  A teenager killed by an alligator in a state park brings a negligence suit against the Florida Department of Natural Resources. The court holds that the Department retains sovereign immunity because the state's constitutional protection can only be waived by legislative enactment
• Gannett Satellite Info. Network, Inc. v. Metro. Transp. Auth.
  745 F.2d 767· 2d Cir.· 1984-09-28 ·cited 41×
  Revenue-raising licensing fees for newsracks in MTA stations are permissible time, place, and manner restrictions under the First Amendment, as MTA operates in a proprietary capacity and needs revenue for self-sufficient operation.
• Neumann v. Davis Water & Waste, Inc.
  433 So. 2d 559· Fla. 2d DCA· 1983-05-13 ·cited 41×
  A mother sued the State of Florida Department of Environmental Regulation (DER) for wrongful death after her three-year-old son drowned in a sewage treatment tank, alleging DER negligently failed to inspect the facility or enforce safety requirements. The court affirmed the dismi
• Collom v. City OF ST. Petersburg
  400 So. 2d 507· Fla. 2d DCA· 1981-06-03 ·cited 40×
  This case addresses the scope of governmental liability following Florida's abolition of sovereign immunity. The court reversed summary judgment for the City of St. Petersburg in a wrongful death action, holding that once a government decides to act—even discretionary acts—it mus
• United States v. The State OF Fla. & Gulf Power Co.
  482 F.2d 205· 5th Cir.· 1973-07-12 ·cited 40×
  The court held that the United States is the rightful owner of the land, as the appellants' defenses of laches, waiver, and estoppel are inapplicable against the government exercising its sovereign powers, and the district court's factual finding that the land was not used exclus
• Champaign-Urbana News Agency, Inc. v. J. L. Cummins News Co., Inc.
  632 F.2d 680· 7th Cir.· 1980-09-24 ·cited 32×
  The dissenting judge would hold that AAFES, as an instrumentality of the United States engaged in proprietary retail operations, does not enjoy sovereign immunity from prosecution under the antitrust laws.
• Woods v. City of Palatka
  63 So. 2d 636· Fla.· 1953-02-27 ·cited 31×
  The Florida Supreme Court held that a municipal charter provision granting the City of Palatka immunity from tort liability for defective sidewalks is unconstitutional because maintaining sidewalks is a proprietary function, not a governmental function, and the state cannot const
• Morris v. Wash. Metro. Area Transit Auth.
  781 F.2d 218· D.C. Cir.· 1986-01-17 ·cited 29×
  WMATA's sovereign immunity, conferred by its signatories and Congress, prevents liability for torts committed in the performance of governmental functions, including the operation of its police force.
• Kai Jakobsen v. Mass. Port Auth.
  520 F.2d 810· 1st Cir.· 1975-06-30 ·cited 27×
  The court held that the Massachusetts Port Authority waived its defense regarding a statutory limitation on liability by failing to plead it timely, and that sufficient evidence supported a finding of negligence and business invitee status.
• Carlyle E. Peavey v. City of Miami
  146 Fla. 629· Fla.· 1941-04-15 ·cited 24×
  Two companion cases where pilot Peavey and his corporation Magic City Airways sued Miami for negligence after Peavey collided with a road-roller while landing at the municipal airport under reconstruction. The Florida Supreme Court affirmed judgment for the city, establishing tha
• Hewitt v. Venable
  109 So. 2d 185· Fla. 3d DCA· 1959-02-24 ·cited 23×
  A plaintiff injured when his vehicle struck a railroad engine at an intersection with a traffic control signal appeals the dismissal of his negligence claim against the City of Miami. The Florida District Court of Appeal holds that municipalities are now liable for negligent acts
• Emps. OF the Dep't OF Pub. Health & Welf. v. Dep't OF Pub. Health & Welf.
  452 F.2d 820· 8th Cir.· 1971-11-11 ·cited 22×
• Smoak v. City of Tampa
  123 Fla. 716· Fla.· 1936-04-14 ·cited 17×
  This case concerns an employee injured while working on a garbage truck. The court had to decide if the employee assumed the risk of his employment and if the city was performing a governmental function. The court found the employee assumed the risk and affirmed the lower court's
• Fed. Deposit Ins. Corp. v. Grady P. Morrison
  747 F.2d 610· 11th Cir.· 1984-11-27 ·cited 16×
  The court held that the FDIC's foreclosure sale, conducted according to contractual terms and Alabama law, did not deprive the mortgagor of constitutionally protected property rights, thus not violating the Due Process Clause.
• Teague v. Grand River DAM Auth.
  425 F.2d 130· 10th Cir.· 1970-04-17 ·cited 16×
  The court held that the Grand River Dam Authority (GRDA) is immune from wrongful death actions under Oklahoma law, as the relevant statute waives immunity only for damage to real or personal property, not for personal injury or death.
• Killearn Props., Inc. v. City OF Tallahassee
  366 So. 2d 172· Fla. 1st DCA· 1979-01-17 ·cited 15×
  Killearn Properties and Killearn Homes Association challenged the City of Tallahassee's attempt to charge for street lights previously provided free under a 1964 agreement. The court held that the City was equitably estopped from denying the agreements and must continue providing
• Pitts v. Metro. Dade Cnty.
  374 So. 2d 996· Fla. 3d DCA· 1978-10-17 ·cited 14×
  Janet Pitts appeals a summary judgment dismissing her negligence claim against Metropolitan Dade County (Jackson Memorial Hospital) for injuries suffered in a parking lot robbery. The court affirmed, holding that even though sovereign immunity was waived by statute, plaintiffs mu
• Commissioner of Internal Revenue v. Shamberg's Estate
  144 F.2d 998· 2d Cir.· 1944-08-24 ·cited 14×
  The court held that the interest on bonds issued by a state-owned public utility corporation, which are not obligations of the state and are payable solely from the corporation's earnings, is not exempt from federal income tax under the statute exempting interest on "obligations
• Fla. Dep't OF Revenue v. Canaveral Port Auth.
  642 So. 2d 1097· Fla. 5th DCA· 1994-08-19 ·cited 10×
  The Florida Department of Revenue appeals a trial court judgment holding that the Canaveral Port Authority (CPA) is immune from ad valorem taxation. The Fifth District reverses, holding that CPA is not a political subdivision of the state entitled to sovereign immunity and theref
• Trumpe v. City OF Coral Springs
  326 So. 2d 192· Fla. 4th DCA· 1976-02-06 ·cited 10×
  Plaintiffs appealed the trial court's dismissal of a wrongful death action arising from a vehicle accident where the decedent drove into a canal at a T-intersection. The court reversed, holding that municipalities have a duty to keep streets in reasonably safe condition and warn
• Moore v. Hampton Roads Sanitation Dist. Comm'n & City of Newport News
  557 F.2d 1030· 4th Cir.· 1976-10-07 ·cited 9×
  The destruction of oyster beds due to sewage discharge is not a maritime tort, and thus state statutory notice requirements apply, barring the claim.
• Town OF Indian River Shores v. Coll
  378 So. 2d 53· Fla. 4th DCA· 1979-12-05 ·cited 8×
  This case involves an appeal from a judgment in favor of an employee arising out of a contract of employment with a municipality, funded by a CETA grant.
• Dep't OF Natural Res. of the State of Fla. v. The Cir. Court OF the Twelfth Jud. Cir. & the Honorable Evelyn Gobbie
  317 So. 2d 772· Fla. 2d DCA· 1975-07-18 ·cited 8×
  The Department of Natural Resources sought a writ of prohibition to prevent a circuit court from exercising jurisdiction over a wrongful death suit arising from an alligator attack at a state park. The court held that Florida's sovereign immunity doctrine bars suits against state
• City OF Riviera Beach v. Witt
  286 So. 2d 574· Fla. 4th DCA· 1973-11-23 ·cited 8×
  The City of Riviera Beach appeals a summary judgment awarding John Witt damages for breach of his two-year employment contract as City Prosecutor. The court reversed, holding that the employment of a city prosecutor constitutes a governmental function that cannot be contracted fo
• DeGARMO v. City OF Alcoa
  332 F.2d 403· 6th Cir.· 1964-05-20 ·cited 8×
  The court held that the evidence was sufficient for the jury to find that the City created a nuisance proximately causing the plaintiff's injuries, and thus the District Court did not err in submitting the issue to the jury.
• Gorenc v. Salt River Project Agric. Improvement & Power Dist.
  869 F.2d 503· 9th Cir.· 1989-03-08 ·cited 6×
  The court held that the Salt River Project Agricultural Improvement and Power District acted as a private entity, not a state actor, when terminating an employee, and thus did not violate the employee's procedural due process rights under the Fourteenth Amendment.
• Jacklyn McKENNA v. Wash. Metro. Area Transit Auth.
  829 F.2d 186· D.C. Cir.· 1987-09-22 ·cited 6×
  The WMATA Compact exempts WMATA from the Federal Employers’ Liability Act (FELA) because FELA is a tort remedy statute, not a safety statute, and the Compact supersedes federal law with signatory law for torts in proprietary functions.
• Se. Promotions, Ltd. v. Okla. City
  459 F.2d 282· 10th Cir.· 1972-04-13 ·cited 6×
  The court held that the City Council could not refuse to permit the presentation of a theatrical production based on a proprietary function argument when the true reason was the alleged moral offensiveness of the play, as this implicates First Amendment rights.
• Herlihy Mid-Continent Co. v. BAY City
  293 F.2d 383· 6th Cir.· 1961-07-25 ·cited 6×
  The court held that the city employees were performing a governmental function when flooding the skating rink, and therefore the city was not liable for their alleged negligence in shutting off the water.
• Dist. OF Columbia v. Green
  223 F.2d 312· D.C. Cir.· 1955-03-31 ·cited 6×
  The court held that the notice provided to the District of Columbia was sufficient under the statute, and the District's operation of the market was a proprietary function for which it could be held liable.
• Metcalf & Eddy, Inc. v. Puerto RICO Aqueduct & Sewer Auth.
  991 F.2d 935· 1st Cir.· 1993-05-03 ·cited 4×
  The Puerto Rico Aqueduct and Sewer Authority (PRASA) is not an arm of the state and therefore does not possess Eleventh Amendment immunity from suit in federal court.
• Royal Caribbean Corp. & Caribbean Cruise Line, Ltd. v. Puerto RICO Ports Auth.
  973 F.2d 8· 1st Cir.· 1992-08-19 ·cited 4×
  The Puerto Rico Ports Authority does not enjoy Eleventh Amendment immunity when operating and maintaining its docks because its activities are proprietary, not governmental, and it functions with significant autonomy.
• OLD Colony Tr. Co. Under the Will of Charlotte E. Sills v. United States
  438 F.2d 684· 1st Cir.· 1971-01-12 ·cited 4×
  A bequest to a foreign public hospital, organized and operated exclusively for charitable purposes, qualifies for an estate tax deduction under section 2055(a)(2) of the Internal Revenue Code, even if it has some governmental connections.
• Anceimo Moreno v. Aldrich
  113 So. 2d 406· Fla. 2d DCA· 1959-06-19 ·cited 4×
  The Game and Fresh Water Fish Commission appealed a judgment awarding plaintiff Moreno $22,500 for personal injuries from a motor vehicle accident, arguing that Florida Statute § 455.06 limited its liability to its insurance policy limit of $10,000. The court affirmed the trial c
• In re Advisory Opinion to the Governor
  153 Fla. 650· Fla.· 1943-11-09 ·cited 3×
  A trustee of the Jacksonville Free Public Library is not considered an 'officer' or 'employee' under the Civil Service Board Act, and thus is eligible for appointment to the board.
• Boyd v. Gulfport Mun. Separate Sch. Dist.
  821 F.2d 308· 5th Cir.· 1987-07-15 ·cited 2×
  The court held that the school district was entitled to sovereign immunity as a matter of law at the time of the plaintiff's injury.
• Anderson v. Jackson Mun. Airport Auth.
  691 F.2d 742· 5th Cir.· 1982-11-15 ·cited 2×
  The court held that the legislature's declaration of airport operations as governmental functions is binding and grants immunity from tort liability, and that statutory amendments are prospective unless clearly stated otherwise.
• Valdez v. State Rd. Dep't
  189 So. 2d 823· Fla. 2d DCA· 1966-09-09 ·cited 2×
  A prisoner cannot maintain a tort action against the State of Florida for injuries caused by a state-owned motor vehicle, even if insured, in the absence of a specific statute authorizing such a suit.
• United States v. Wash. Toll Bridge Auth.
  307 F.2d 330· 9th Cir.· 1962-07-31 ·cited 2×
• Harrison v. City OF Pontiac
  285 F.2d 305· 6th Cir.· 1961-01-18 ·cited 2×
  A municipality operating a hospital as a governmental function is immune from liability for negligence, even if it carries liability insurance.
• City of Lubbock v. Green
  201 F.2d 146· 5th Cir.· 1953-01-14 ·cited 2×
  The court held that the city was estopped from asserting the 30-day notice requirement due to the actions of its attorney, and that a prior statute did not shield the city from liability.
• R. S. Mikesell Assocs. v. Grand River DAM Auth.
  627 F.2d 211· 10th Cir.· 1980-07-15
  The court should affirm the trial court's decision regarding the 1966 contract, as it likely violates public policy due to its indefinite or excessively long duration.
• Breiner v. C & P Home Builders, Inc.
  536 F.2d 27· 3d Cir.· 1976-05-28
  A municipality and its engineers are not liable for increased surface water runoff onto adjacent land caused by a development if they owed no legal duty to the affected landowners outside their jurisdiction. However, a developer can be held liable for negligence or intentional di
• City of Jacksonville v. May
  140 Fla. 826· Fla.· 1939-12-05
  The Florida Supreme Court reversed an injunction preventing Jacksonville from issuing $5,000 in revenue certificates for incinerator repairs. The Court held that certificates payable solely from net revenues of the city's proprietary Salvage Department (which sold reclaimed mater