Proprietary Function

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

• Commercial Carrier Corp. v. Indian River Cnty.
  371 So. 2d 1010· Fla.· 1979-04-19 ·cited 680×
  Florida Supreme Court determines the scope of sovereign immunity waiver under section 768.28 by holding that the statute broadly waives governmental immunity from tort liability except for true policy-making and planning-level governmental functions. The Court rejects the narrow
• Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah
  468 So. 2d 912· Fla.· 1985-04-04 ·cited 535×
  The Florida Supreme Court held that governmental entities retain sovereign immunity from tort liability for negligent building code inspections, rejecting claims by condominium owners against the City of Hialeah. The court concluded that enforcement of police power functions, inc
• 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
• Ervine Hargrove v. Town OF Cocoa Beach
  96 So. 2d 130· Fla.· 1957-06-28 ·cited 240×
  The Florida Supreme Court overruled its longstanding doctrine of municipal immunity from tort liability, holding that municipalities may be held liable for negligent acts of police officers under respondeat superior. The court rejected the 18th-century English precedent underlyin
• Am. Home Assurance Co. v. Nat'l R.R. Passenger Corp.
  908 So. 2d 459· Fla.· 2005-07-07 ·cited 103×
  The Florida Supreme Court answered four certified questions from the Eleventh Circuit regarding comparative fault apportionment to vicariously liable parties and the enforceability of municipal indemnification agreements under Florida sovereign immunity law. The Court held that c
• Gate City Garage, Inc. v. City of Jacksonville
  66 So. 2d 653· Fla.· 1953-07-10 ·cited 88×
  Gate City Garage challenges the validity of municipal parking revenue bonds issued by Jacksonville under special legislative acts authorizing off-street parking facilities financed by net revenues from parking lots and a pledge of on-street parking meter revenues. The Florida Sup
• Cauley v. City OF Jacksonville
  403 So. 2d 379· Fla.· 1981-07-16 ·cited 84×
  The Florida Supreme Court upheld the constitutionality of section 768.28(5), which caps tort damages against municipalities at $50,000 per person and $100,000 per incident. The court held that the statutory limitation does not violate access to courts, due process, equal protecti
• J.R. Reddish & the Dep't of Corr. of the State of Fla. v. Smith
  468 So. 2d 929· Fla.· 1985-04-04 ·cited 77×
  The Florida Supreme Court held that decisions regarding inmate classification and assignment are discretionary governmental functions protected by sovereign immunity, and that even if Reddish acted in bad faith, the causal connection between his actions and the plaintiff's injuri
• Portmann v. United States
  674 F.2d 1155· 7th Cir.· 1982-03-24 ·cited 70×
  Equitable estoppel may be invoked against the United States Postal Service based on a postal employee's misrepresentation regarding insurance coverage, particularly when the government's activity is proprietary and the regulations are not explicit.
• 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
• City of Tampa v. Easton
  145 Fla. 188· Fla.· 1940-11-26 ·cited 63×
  City of Tampa appeals a judgment awarding damages for injuries caused by negligent operation of the city's motor truck. The Florida Supreme Court affirms, holding that a municipality is liable for negligence in operating a dangerous instrumentality (motor vehicle) on its streets
• Chardkoff Junk Co. v. City of Tampa
  102 Fla. 501· Fla.· 1931-07-21 ·cited 63×
  The Florida Supreme Court held that a city may be held liable for damages caused by the negligent operation of its municipal incinerator, rejecting the argument that such operation is an exclusive governmental function immune from liability. The court also ruled that notice to th
• The City OF Tampa v. Davis
  226 So. 2d 450· Fla. 2d DCA· 1969-09-17 ·cited 56×
  The City of Tampa appeals a jury verdict finding it liable for negligence in failing to maintain a stop sign, which fell and caused a collision. The court reverses, holding that municipal liability under respondeat superior for negligence in governmental functions requires privit
• City OF Miami v. Oise Keton
  115 So. 2d 547· Fla.· 1959-11-04 ·cited 49×
  The Florida Supreme Court addressed whether Dade County's metropolitan government ordinances repealed the City of Miami's charter power to regulate traffic and enforce traffic ordinances. The Court held that the county ordinances did repeal the city's traffic authority and jurisd
• Loeb v. City of Jacksonville
  101 Fla. 429· Fla.· 1931-05-04 ·cited 46×
  Jacksonville taxpayer Loeb challenged a city ordinance levying a tax to fund advertising expenditures, including entertainment of various organizations. The Florida Supreme Court held that cities lack constitutional authority to levy taxes for general advertising purposes, revers
• Jetton v. Jacksonville Elec. Auth.
  399 So. 2d 396· Fla. 1st DCA· 1981-05-29 ·cited 43×
  Jetton sued the Jacksonville Electric Authority for injuries from contact with an electrical transmission line and challenged the constitutionality of Florida's statutory cap on governmental tort liability ($50,000 per person, $100,000 per incident). The First DCA affirmed that t
• Elgin v. Dist. OF Columbia
  337 F.2d 152· D.C. Cir.· 1964-08-20 ·cited 42×
  The court should modernize the doctrine of sovereign immunity by considering discretion as one factor among many circumstances.
• 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
• Blake v. Kline
  612 F.2d 718· 3d Cir.· 1979-12-20 ·cited 41×
  The court held that the record was insufficient to determine if the Public School Employees’ Retirement Board (PSERB) is an alter ego of the state, thus vacating the district court's dismissal and remanding for further proceedings.
• 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
• Gordon v. City OF W. Palm Beach
  321 So. 2d 78· Fla. 4th DCA· 1975-10-10 ·cited 40×
  Gordon's estate sued West Palm Beach for wrongful death resulting from a motorcycle-automobile collision at a poorly designed intersection. The Fourth District Court of Appeal held that municipalities retain tort liability for negligence in street design, construction, and mainte
• 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
• Bryant v. THE City OF Lakeland
  158 Fla. 151· Fla.· 1946-11-26 ·cited 39×
  A physician challenges his indefinite suspension from a municipal hospital's medical staff, arguing the City Commission acted arbitrarily and without due process. The Florida Supreme Court affirms the suspension, holding that physicians have no constitutional or statutory right t
• Bragg v. The Bd. of Pub. Instruction of Duval Cnty.
  160 Fla. 590· Fla.· 1948-06-18 ·cited 38×
  A Board of Public Instruction is immune from tort liability when performing its governmental function of operating public schools, unless specifically made liable by law.
• Page v. City OF Fernandina Beach
  714 So. 2d 1070· Fla. 1st DCA· 1998-06-15 ·cited 36×
  This case addresses the ad valorem tax exemption status of municipally owned property in Fernandina Beach, Florida. The court affirmed exemptions for vacant lots and beach property but reversed exemptions for airport and marina property leased to private profit-making entities, h
• Cheney v. Dade Cnty.
  353 So. 2d 623· Fla. 3d DCA· 1977-12-20 ·cited 34×
  This case examines whether a county can be held liable for negligently maintaining a traffic control device, considering Florida's waiver of sovereign immunity statute. The court held that the county is not liable because the duty to maintain traffic signals is owed to the public
• Spencer v. Gen. Hosp. OF the Dist. OF Columbia
  425 F.2d 479· D.C. Cir.· 1969-11-10 ·cited 34×
• City OF Daytona Beach v. Baker
  98 So. 2d 804· Fla. 1st DCA· 1957-12-10 ·cited 34×
  The City of Daytona Beach appeals a judgment awarding damages to a minor injured when a water tank's glass front broke during a pageant at the municipal auditorium. The court reversed, holding that the city, as lessor of the auditorium to the Junior Chamber of Commerce, owed no d
• Aslakson v. United States
  790 F.2d 688· 8th Cir.· 1986-05-09 ·cited 32×
  The court held that the government's determination that power lines did not constitute a safety hazard, despite a policy requiring elevation if safety concerns arose, was not shielded by the discretionary function exception to the FTCA.
• 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.
• Webster v. The City OF Houston
  689 F.2d 1220· 5th Cir.· 1982-10-28 ·cited 31×
  The court held that punitive damages are not available against a municipality under 42 U.S.C. § 1983, regardless of the egregiousness of the conduct.
• 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
• Williams v. City of Jacksonville
  118 Fla. 671· Fla.· 1935-03-07 ·cited 31×
  Thomas Williams sued Jacksonville for negligence after being struck by asphalt falling from an unprotected embankment while working in a city ditch. The Florida Supreme Court affirmed the dismissal of his complaint, holding that the city's charter provision requiring written noti
• Suwannee Cnty. Hosp. Corp. v. Golden
  56 So.2d 911· Fla.· 1952-02-12 ·cited 30×
  The Supreme Court of Florida held that a public hospital, even if designated as non-profit and supported by public funds, is liable for the negligence of its staff when treating paying patients. The court reasoned that such treatment constitutes a proprietary function, not a gove
• 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.
• Steinhardt v. Town OF N. BAY Vill.
  132 So. 2d 764· Fla. 3d DCA· 1961-09-14 ·cited 26×
  A municipality is not liable for the negligent failure to properly protect property from loss by fire, even if it has undertaken to provide fire services.
• Terryss Buck and L. G. Buck v. McLEAN
  115 So. 2d 764· Fla. 1st DCA· 1959-10-08 ·cited 26×
  Buck sued a county school board and other defendants for injuries sustained when a foul ball struck her at a high school baseball game due to negligent maintenance of a protective screen. The Florida District Court of Appeal affirmed summary judgment for the defendants, holding t
• Ainsworth Aristocrat Int'l PTY. Ltd. v. Tourism Co. OF the Commonwealth OF Puerto RICO
  818 F.2d 1034· 1st Cir.· 1987-05-18 ·cited 24×
  The court held that the district court failed to apply the proper test for Eleventh Amendment immunity and that the record was insufficient to make that determination, thus remanding the issue.
• City OF Miami v. Blanche T. Lewis
  104 So. 2d 70· Fla. 3d DCA· 1958-06-24 ·cited 24×
  A municipal corporation is a political subdivision of the state for purposes of statutory exemption from posting a supersedeas bond on appeal.
• 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×
• A1A Mobile Home Park, Inc. v. Brevard Cnty.
  246 So. 2d 126· Fla. 4th DCA· 1971-03-26 ·cited 21×
  A1A Mobile Home Park sought a permanent injunction to prevent Brevard County from constructing and operating a sewage treatment plant located within 50 feet of the park. The trial court granted judgment on the pleadings in favor of the county, but the appellate court reversed, ho
• Gibson & Perin Co. v. City OF Cincinnati
  480 F.2d 936· 6th Cir.· 1973-06-26 ·cited 20×
  The court held that while plaintiffs may have suffered economic injury, the applicable statutes and case law do not permit a subsequent judicial remedy after legislative decisions.
• Joaquina Quinones v. Twp. OF Upper Moreland
  293 F.2d 237· 3d Cir.· 1961-07-05 ·cited 18×
  The court held that the Township retained sufficient control over the contractor's work to be liable for the contractor's negligence in failing to shore a trench, and that the contractor's liability was primary, entitling the Township to full indemnity.
• Williams v. City of Green Cove Springs
  65 So. 2d 56· Fla.· 1953-04-28 ·cited 18×
• Fitchik v. NEW Jersey Transit Rail Operations, Inc.
  873 F.2d 655· 3d Cir.· 1989-04-17 ·cited 17×
  The Eleventh Amendment does not preclude railroad workers from suing NJTRO in federal court under FELA because NJTRO, a subsidiary of NJT, is not an alter ego of the state of New Jersey.
• Dube v. Pittsburgh Corning
  870 F.2d 790· 1st Cir.· 1989-03-27 ·cited 17×
  The court held that the government's failure to warn domestic bystanders of asbestos dangers at the Portsmouth Naval Shipyard did not fall under the discretionary function exception to the Federal Tort Claims Act.