section 768.28 enlarge state liability (Florida) · Go Syfert
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section 768.28 enlarge state liability in Florida

14 Florida opinions name it 2 courts 1977–2023 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Rabideau v. Stategreen
fla · 1982 · cited in 3 Florida opinions naming this issue, 2007–2023
2 sentences

2023See Rabideau v. State, 409 So. 2d 1045, 1046 (Fla. 1982) (“We hold, therefore, that twenty- four-hour assignment of a state-owned vehicle to a state employee does not enlarge state liability under section 768.28 to include acts committed outside the employee’s scope of employment.”).

2007The supreme court concluded by holding that “twenty-four-hour assignment of a state-owned vehicle to a state employee does not enlarge state liability under section 768.28 to include acts committed outside the employee’s scope of employment.” Id. (emphasis added).

23
TRIANON PARK CONDOMINIUM ASSOC., INC. v. City of Hialeahgreen
fladistctapp · 1983 · cited in 2 Florida opinions naming this issue, 1983–1985
2 sentences

1985The court concluded that "the City's inspection and certification of buildings within its borders is an operational level activity, for which it may be subject to tort liability under section 768.28, Florida Statutes." Id.

1983As stated in Trianon Park Condominium v. City of Hialeah, 423 So.2d 911, 913 (Fla. 3rd DCA 1982): Once the City undertook to inspect, review and certify construction, it was obligated to do so reasonably and responsibly in accordance with acceptable standards of care... . [T]he City's inspection and certification of buildings within its borders is an operational level activity, for which it may be subject to tort liability under Section 768.28, Florida Statutes.

12
Pan-Am Tobacco v. Department of Correctionsgreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See Pan-Am Tobacco Corp., 471 So.2d at 5-6 .

11
Citizens Property Insurance Corp. v. San Perdido Ass'ngreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013The instant case is also distinguishable from this Court’s decisions denying certiorari review in Citizens Property Insurance Corp. v. San Perdido Association, Inc., 46 So.3d 1051, 1053 (Fla. 1st DCA 2010) (involving a claim of immunity pursuant to section 627.351(6)(s)l., Florida Statutes), approved by Citizens Property Insurance Corp. v. San Perdido Association, Inc., 104 So.3d 344 (Fla.2012), and Keck v. Eminisor, 46 So.3d 1065 (Fla. 1st DCA 2010) (involving a claim of immunity from personal liability pursuant to section 768.28(9)(a), Florida Statutes), quashed in part by Keck v. Em-inisor,

11
Commercial Carrier Corp. v. Indian River Cty.green
fla · 1979 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See Commercial Carrier, 371 So.2d at 1014 . [5] We note that if Mr. Belair and Provident had alleged and proven an eminent domain takings claim rather than a wrongful injunction claim, Florida's constitution would require the City to pay prejudgment interest on reasonable costs incurred by the property owners notwithstanding the doctrine of sovereign immunity.

11
Kirker v. Orange Countygreen
fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993See also Kirker v. Orange County, 519 So.2d 682 (Fla. 5th DCA 1988) (County immune from liability for medical examiner's allegedly willful, wanton, and malicious behavior in removing deceased child's corneas over objection of child's mother). [2] The question was whether section 732.9185, Florida Statutes (1983), which authorizes medical examiners to remove corneal tissue from decedents during statutorily required autopsies, to be used for transplantation, violates constitutionally protected due process or private property rights.

11
Department of Transp. v. Neilsongreen
fla · 1982 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983In Department of Transportation v. Neilson, supra, at 1075, Justice Overton succinctly stated the rationale for the Supreme Court's recognition that a certain part of the sovereign immunity doctrine, that part identified at times as "official or governmental immunity," was not waived by Section 768.28: The underlying premise for this immunity is that it cannot be tortious conduct for a government to govern.

11
Metropolitan Dade Cty. v. Kellygreen
fladistctapp · 1977 · cited in 1 Florida opinions naming this issue, 1977–1977
1 sentence

1977See also Metropolitan Dade County v. Kelly, 348 So.2d 49 (Fla.1st DCA 1977).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Department of Transportation v. CSX Transportation, Inc. neutral
fladistctapp · 2013
1 sentence

2016We affirm the Second District’s opinion in Department of Transportation v. CSX Transportation, Inc., 128 So.3d 209 (Fla. 2d DCA 2013), and remand for disposition in accordance with this opinion.

12016–2016
Citizens Property Insurance Corp. v. San Perdido Ass'n green
fla · 2012
1 sentence

2013The instant case is also distinguishable from this Court’s decisions denying certiorari review in Citizens Property Insurance Corp. v. San Perdido Association, Inc., 46 So.3d 1051, 1053 (Fla. 1st DCA 2010) (involving a claim of immunity pursuant to section 627.351(6)(s)l., Florida Statutes), approved by Citizens Property Insurance Corp. v. San Perdido Association, Inc., 104 So.3d 344 (Fla.2012), and Keck v. Eminisor, 46 So.3d 1065 (Fla. 1st DCA 2010) (involving a claim of immunity from personal liability pursuant to section 768.28(9)(a), Florida Statutes), quashed in part by Keck v. Em-inisor,

12013–2013
Keck v. Eminisor green
fla · 2012
1 sentence

2013The instant case is also distinguishable from this Court’s decisions denying certiorari review in Citizens Property Insurance Corp. v. San Perdido Association, Inc., 46 So.3d 1051, 1053 (Fla. 1st DCA 2010) (involving a claim of immunity pursuant to section 627.351(6)(s)l., Florida Statutes), approved by Citizens Property Insurance Corp. v. San Perdido Association, Inc., 104 So.3d 344 (Fla.2012), and Keck v. Eminisor, 46 So.3d 1065 (Fla. 1st DCA 2010) (involving a claim of immunity from personal liability pursuant to section 768.28(9)(a), Florida Statutes), quashed in part by Keck v. Em-inisor,

12013–2013
Keck v. Eminisor green
fladistctapp · 2010
1 sentence

2013The instant case is also distinguishable from this Court’s decisions denying certiorari review in Citizens Property Insurance Corp. v. San Perdido Association, Inc., 46 So.3d 1051, 1053 (Fla. 1st DCA 2010) (involving a claim of immunity pursuant to section 627.351(6)(s)l., Florida Statutes), approved by Citizens Property Insurance Corp. v. San Perdido Association, Inc., 104 So.3d 344 (Fla.2012), and Keck v. Eminisor, 46 So.3d 1065 (Fla. 1st DCA 2010) (involving a claim of immunity from personal liability pursuant to section 768.28(9)(a), Florida Statutes), quashed in part by Keck v. Em-inisor,

12013–2013
Foremost Dairies, Inc., of the South v. Godwin green
fla · 1946
2 sentences

2007In Foremost Dairies, Inc. v. Godwin, 158 Fla. 245 , 26 So.2d 773 (1946), a claimant sued a corporation for the negligence of an employee who injured the claimant while driving a car to work which the employee owned.

2007In Foremost Dairies, Inc. v. Godwin, 158 Fla. 245 , 26 So.2d 773 (1946), a claimant sued a corporation for the negligence of an employee who injured the claimant while driving a car to work which the employee owned.

12007–2007
Everton v. Willard green
fla · 1985
1 sentence

2007Trianon, 468 So.2d at 915 .

12007–2007
Crocker v. Pleasant green
fla · 2001
1 sentence

2003Responding to a certified question in Crocker v. Pleasant, 778 So.2d 978 (Fla. 2001), the supreme court held that Florida recognizes a claim of entitlement by the next of kin to possession of the remains of a decedent, thus permitting them to file a § 1983 action based on an alleged interference with that interest.

12003–2003
Evangelical United Brethren Church v. State green
wash · 1965
2 sentences

1999Such a theory has never been pleaded or proven in this case. [3] Evangelical United Brethren Church v. State, 67 Wash.2d 246 , 407 P.2d 440 (1965). [4] We remain troubled by the fact that the waiver in section 768.28 is for liability the City would have "if a private person." Because zoning enforcement is a governmental activity in which private citizens are not directly involved, we conclude that this language does not bar recovery in this case.

1999Such a theory has never been pleaded or proven in this case. [3] Evangelical United Brethren Church v. State, 67 Wash.2d 246 , 407 P.2d 440 (1965). [4] We remain troubled by the fact that the waiver in section 768.28 is for liability the City would have "if a private person." Because zoning enforcement is a governmental activity in which private citizens are not directly involved, we conclude that this language does not bar recovery in this case.

11999–1999
Carpenter v. City of St. Petersburg green
fladistctapp · 1989
1 sentence

1997Petersburg, 547 So.2d 339 (Fla. 2d DCA 1989) (officer and city immune from liability under section 768.28(9)(a) for negligent arrest).

11997–1997

Statutes the citing opinions construe

FL § 768.28 (14) FL § 440.091 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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