Proprietary Function

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

• McPHEE v. Dade Cnty.
  362 So. 2d 74· Fla. 3d DCA· 1978-08-15 ·cited 17×
  A personal representative of a drowning victim's estate appealed a summary judgment dismissing her negligence suit against Dade County and its insurer. The court affirmed the dismissal, holding that Dade County enjoys absolute sovereign immunity as a state agency, which is not wa
• City OF Temple Terrace v. Hillsborough Ass'n FOR Retarded Citizens, Inc.
  322 So. 2d 571· Fla. 2d DCA· 1975-10-10 ·cited 17×
  The City of Temple Terrace challenged the operation of a mentally retarded respite care facility in a residential zone, arguing the Association violated zoning ordinances. The trial court held the Association immune from zoning because it performed state functions and thus stood
• 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
• Shova v. Eller
  606 So. 2d 400· Fla. 2d DCA· 1992-09-04 ·cited 16×
  Randy Shova, as personal representative of his wife's estate, sued fellow employees and corporate officers of Circle K for gross negligence in connection with her death during a store robbery. The court reversed the trial court's dismissal, holding that the 1988 amendment to Flor
• Video Int'l Prod., Inc. v. Warner-Amex Cable Commc'ns, Inc.
  858 F.2d 1075· 5th Cir.· 1988-10-31 ·cited 16×
  The City of Dallas cannot be held liable under the Sherman Act or section 1983 for issuing notices of zoning violations because these notices lacked legal finality and did not constitute a final determination causing concrete injury.
• 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.
• Huhn v. Dixie Ins. Co.
  453 So. 2d 70· Fla. 5th DCA· 1984-05-17 ·cited 16×
  Laura Huhn was struck by an intoxicated driver who had been stopped by Daytona Beach police officers but released without arrest. The court held that the city could be liable for negligence when officers knowingly release a visibly intoxicated driver, rejecting sovereign immunity
• 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
• Daly v. Stokell
  63 So. 2d 644· Fla.· 1953-03-13 ·cited 15×
  The Florida Supreme Court upheld a five-year contract between the City of Fort Lauderdale and a wrecker service to remove traffic impediments from city streets. The court rejected arguments that the contract exceeded the commissioners' term limits and determined that the contract
• 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
• Merritt-Chapman & Scott Corp. v. Pub. Util. Dist. NO. 2 OF Grant Cnty.
  319 F.2d 94· 2d Cir.· 1963-04-22 ·cited 14×
• Woodford v. The City OF ST. Petersburg
  84 So. 2d 25· Fla.· 1955-12-14 ·cited 14×
  A homeowner sued the City of St. Petersburg for negligence after being injured by a group of boys retrieving baseballs from a municipal baseball field that adjoined his property. The Florida Supreme Court reversed the trial court's dismissal, holding that while municipalities enj
• Calomeris v. Dist. OF Columbia
  226 F.2d 266· D.C. Cir.· 1955-07-21 ·cited 14×
  The operation of a public hospital for the indigent sick is a governmental function, rendering the government immune from suit for negligence.
• Wilson et ux. v. Dist. of Columbia
  179 F.2d 44· D.C. Cir.· 1949-12-19 ·cited 14×
  The District of Columbia was engaged in a governmental function when operating the Municipal Center Building, even with temporary War Department occupancy, and thus retained governmental immunity from suit.
• 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
• Queen v. Tenn. Valley Auth.
  689 F.2d 80· 6th Cir.· 1982-09-24 ·cited 12×
  Federal employees and agents are not protected from all liability for torts by absolute immunity, and the doctrine should be qualified.
• Loucks v. C. H. Adair, M.D.
  312 So. 2d 531· Fla. 1st DCA· 1975-05-20 ·cited 12×
  A mother sued a state mental hospital and its officials on behalf of her son who escaped and sustained injuries, alleging negligent failure to provide adequate security. The court held that sovereign immunity bars the action, concluding that operating a statewide system of mental
• Ladue Local Lines, Inc. v. Bi-State Dev. Agency of the Missouri-Illinois Metro. Dist.
  433 F.2d 131· 8th Cir.· 1970-10-27 ·cited 12×
  A bi-state agency created by legislative compact and authorized to operate public transportation facilities is not subject to federal antitrust laws, even if its actions harm competition.
• Kan. Tpk. Auth. v. Abramson
  275 F.2d 711· 10th Cir.· 1960-02-29 ·cited 12×
  The court held that the contract, when read as a whole and considering industry custom, contemplated payment for re-compacting the embankment when failure was due to unforeseen circumstances and not the contractor's fault.
• ST. John's Assocs. v. Mallard
  366 So. 2d 34· Fla. 1st DCA· 1978-10-03 ·cited 11×
  St. John's Associates, a private partnership leasing port property from the Jacksonville Port Authority, appealed a judgment upholding ad valorem taxation of its leasehold interest. The court affirmed, holding that leasehold interests are tax-exempt only when the lessee performs
• Shealor v. Ruud
  221 So. 2d 765· Fla. 4th DCA· 1969-04-07 ·cited 11×
  The Fourth District Court of Appeal reversed a judgment on the pleadings dismissing a negligence action against the City of Winter Park arising from an auto-train collision. The court held that the city's voluntary assumption of duty to install and maintain warning signals at a r
• Panama City v. Seven Seas Rest., Inc.
  180 So. 2d 190· Fla. 1st DCA· 1965-11-18 ·cited 11×
  Panama City challenged a declaratory judgment invalidating an exclusive catering franchise granted in a lease to operate services in a city-owned auditorium. The court held that cities may grant exclusive franchises for proprietary functions like operating auditoriums, distinguis
• 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
• Beatty v. Wash. Metro. Area Transit Auth.
  860 F.2d 1117· D.C. Cir.· 1988-11-04 ·cited 10×
  The court held that there were genuine issues of material fact regarding whether the nuisance was permanent or continuing, and whether WMATA's function was governmental or proprietary, thus reversing the grant of summary judgment.
• Sanders v. Wash. Metro. Area Transit Auth.
  819 F.2d 1151· D.C. Cir.· 1987-05-29 ·cited 10×
  WMATA is immune from suit for claims challenging its drug testing policy as a governmental function, and negligent termination claims are barred by the grievance and arbitration process.
• 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
• Scull v. The Dist. OF Columbia
  250 F.2d 767· D.C. Cir.· 1957-12-05 ·cited 10×
  The District of Columbia can be held liable for the negligent operation of a motor vehicle by an employee performing tasks related to the installation of water mains.
• City OF Knoxville v. Mrs. Edna V. Bailey
  222 F.2d 520· 6th Cir.· 1955-04-22 ·cited 10×
  A municipality waives governmental immunity to the extent of its liability insurance coverage, and a common carrier is not relieved of liability for injuries sustained by a passenger due to unsafe station premises, even if controlled by another entity.
• Pueblo Aircraft Serv., Inc. v. The City OF Pueblo
  679 F.2d 805· 10th Cir.· 1982-04-13 ·cited 9×
  The court held that the City of Pueblo, by virtue of Colorado statute C.R.S.1973 § 41-4-101, is immune from federal antitrust laws in its operation of the municipal airport.
• 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.
• Miller v. City OF Fort Lauderdale
  508 So. 2d 1328· Fla. 4th DCA· 1987-06-24 ·cited 8×
  Mark Miller appealed a summary judgment in favor of the City of Fort Lauderdale after his automobile struck a street light pole following a collision with another vehicle. The Fourth District Court of Appeal affirmed the judgment, holding that the city's decision regarding the pl
• 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.
• Jackson v. Palm Beach Cnty.
  360 So. 2d 1· Fla. 4th DCA· 1978-04-10 ·cited 8×
  Parents and estate administrator of a minor who drowned in a county-owned lake sued Palm Beach County for negligent failure to warn of dangerous conditions. The court held that the county retained absolute sovereign immunity at the time of the death because the limited waiver of
• 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
• ST. JOE Natural GAS Co., Inc. v. City OF Ward Ridge
  265 So. 2d 714· Fla. 1st DCA· 1972-08-15 ·cited 8×
  St. Joe Natural Gas Company sought a mandamus writ to compel the City of Ward Ridge to issue a permit for a gas pipeline, but the city had already granted an exclusive franchise to another utility. The court held that a municipality with power to construct and operate a gas distr
• Harbin v. Dist. OF Columbia
  336 F.2d 950· D.C. Cir.· 1964-07-03 ·cited 8×
  The District of Columbia is not immune from liability for injuries caused by a police dog, as its ownership and control of the dog constitute a proprietary function, not a governmental one, and specific statutes may override sovereign immunity.
• 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.
• Smith v. Duval Cnty. Welf. Bd.
  118 So. 2d 98· Fla. 1st DCA· 1960-02-09 ·cited 8×
  A county hospital is immune from liability for the negligence of its agents when treating a charity patient, as this constitutes a governmental function.
• Chapman v. Santa FE PAC. R. Co.
  D.D.C.· 1951-11-15 ·cited 7×
  The court held that the Secretary of the Interior's rejection of Santa Fe's land selections was plainly wrong and that Santa Fe was entitled to patents for the lands sold to Aztec, despite the release under the Transportation Act.
• 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.
• Dorsey v. The City OF Detroit
  858 F.2d 338· 6th Cir.· 1988-10-04 ·cited 6×
  The court held that the trial court erred in admitting a police report withheld during discovery, entitling the mother to a new trial on her claims, but affirmed the judgment for the son and other claims.
• 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.
• Skehan v. State Sys. of Higher Educ.
  815 F.2d 244· 3d Cir.· 1987-03-18 ·cited 6×
  The Pennsylvania State System of Higher Education is an instrumentality of the Commonwealth entitled to Eleventh Amendment sovereign immunity, thus barring Skehan's suit for back pay in federal court.
• Welch v. State Dep't OF Highways & Pub. Transp. & The State of Tex.
  739 F.2d 1034· 5th Cir.· 1984-08-27 ·cited 6×
  The Jones Act applies to state employers operating vessels in navigable waters, and states do not possess substantive immunity from such suits. Furthermore, Congress, through the Jones Act's incorporation of FELA, intended to abrogate Eleventh Amendment jurisdictional immunity fo
• Martin v. Wash. Metro. Area Transit Auth.
  667 F.2d 435· 4th Cir.· 1981-12-11 ·cited 6×
  The court held that the arrest and removal of a passenger for fare evasion constituted a governmental function, entitling WMATA to sovereign immunity.
• City OF Tallahassee v. Roger Ferrell Elliott for the Estate of Roger Ferrell Elliott, Jr.
  326 So. 2d 256· Fla. 1st DCA· 1975-10-23 ·cited 6×
• 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.