City of Sunrise v. Goggans

District Court of Appeal of Florida

City of Sunrise v. Goggans

664 So. 2d 1042, 1995 Fla. App. LEXIS 12307, 1995 WL 691956

District Court of Appeal of Florida·Decided November 22, 1995·No. No. 94-3290·Published

Opinion

PER CURIAM.

The negligent acts of the police officer were operational activities, not discretionary policy or planning decisions. We therefore hold that the appellant is not immune from suit. See Kaisner v. Kolb, 543 So.2d 732 (Fla.1989); Hartley v. Floyd, 512 So.2d 1022 (Fla. 1st DCA), rev. denied, 518 So.2d 1275 (Fla.1987); Brown v. City of Delray Beach, 652 So.2d 1150 (Fla. 4th DCA 1995). The jury found that the officer was acting within the course and scope of his employment when the incident occurred. Applying the factors set forth in Craft v. John Sirounis and Sons, Inc., 575 So.2d 795 (Fla. 4th DCA 1991), we do not disagree with their finding.

Affirmed.

WARNER, POLEN and PARIENTE, JJ., concur.

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PER CURIAM.

The negligent acts of the police officer were operational activities, not discretionary policy or planning decisions. We therefore hold that the appellant is not immune from suit. See Kaisner v. Kolb, 543 So.2d 732 (Fla.1989); Hartley v. Floyd, 512 So.2d 1022 (Fla. 1st DCA), rev. denied, 518 So.2d 1275 (Fla.1987); Brown v. City of Delray Beach, 652 So.2d 1150 (Fla. 4th DCA 1995). The jury found that the officer was acting within the course and scope of his employment when the incident occurred. Applying the factors set forth in Craft v. John Sirounis and Sons, Inc., 575 So.2d 795 (Fla. 4th DCA 1991), we do not disagree with their finding.

Affirmed.

WARNER, POLEN and PARIENTE, JJ., concur.

City of Sunrise v. Goggans, 664 So. 2d 1042, 1995 Fla. App. LEXIS 12307, 1995 WL 691956 (Fla. Ct. App. 1995).

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Opinion

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