Wilford v. City of Jacksonville Beach

Supreme Court of Florida

Wilford v. City of Jacksonville Beach

79 So. 2d 516, 1955 Fla. LEXIS 3437

CourtSupreme Court of Florida

DecidedApril 13, 1955

StatusPublished

Cited by2 cases

This text of 79 So. 2d 516 (Wilford v. City of Jacksonville Beach) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilford v. City of Jacksonville Beach, 79 So. 2d 516, 1955 Fla. LEXIS 3437 (Fla. 1955).

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Opinion

ROBERTS, Justice.

This is an appeal from a summary judgment in favor of the city, appellee here and defendant below, in a suit filed by the plaintiff-appellant to recover for injuries allegedly sustained by her as the result of the tortious acts of the city’s employees, who were police officers.

It is admitted that the police officers were acting in the performance of their duties as such and thus in the performance of a governmental function of the city. The acts by them which were alleged to be tortious need not be related, as we are of the opinion that, under the settled law of this court, no recovery may be had by the plaintiff. “Whatever the law may be elsewhere, it has long been established in this jurisdiction that a municipal corporation is not liable for the tortious acts of its police officers committed as incident to the exercise of a purely governmental function.” City of Miami v. Bethel, Fla., 1953, 65 So.2d 34. See also Britt v. City of Ocala, Fla., 1953, 65 So.2d 753; and Williams v. City of Green Cove Springs, Fla., 1953, 65 So. 2d 56.

No reversible error having been made to appear, the judgment appealed from should be and it is hereby

Affirmed.

MATHEWS, C. J., DREW, J., and PARKS, Associate Justice, concur.

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ROBERTS, Justice.

This is an appeal from a summary judgment in favor of the city, appellee here and defendant below, in a suit filed by the plaintiff-appellant to recover for injuries allegedly sustained by her as the result of the tortious acts of the city’s employees, who were police officers.

It is admitted that the police officers were acting in the performance of their duties as such and thus in the performance of a governmental function of the city. The acts by them which were alleged to be tortious need not be related, as we are of the opinion that, under the settled law of this court, no recovery may be had by the plaintiff. “Whatever the law may be elsewhere, it has long been established in this jurisdiction that a municipal corporation is not liable for the tortious acts of its police officers committed as incident to the exercise of a purely governmental function.” City of Miami v. Bethel, Fla., 1953, 65 So.2d 34. See also Britt v. City of Ocala, Fla., 1953, 65 So.2d 753; and Williams v. City of Green Cove Springs, Fla., 1953, 65 So. 2d 56.

No reversible error having been made to appear, the judgment appealed from should be and it is hereby

Affirmed.

MATHEWS, C. J., DREW, J., and PARKS, Associate Justice, concur.

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Bluebook (online)

79 So. 2d 516, 1955 Fla. LEXIS 3437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilford-v-city-of-jacksonville-beach-fla-1955.

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