DAVID C. GALBREATH, PERSONAL REPRESENTATIVE OF THE ESTATE OF VALERIE GALBREATH, DECEASED, APPELLANT,
v.
CYRIL MICHAEL SHORTLE, APPELLEE
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The court reversed a dismissal of a negligence suit against a police officer and city, holding that the amended governmental immunity statute limiting liability to bad faith conduct does not apply retroactively to accidents occurring before the amendment's effective date.
The amended Section 768.28(9) limiting governmental immunity does not apply retroactively to accidents occurring before the amendment's July 1, 1980 effective date.
[1] A statutory amendment limiting governmental immunity does not apply retroactively to causes of action arising from accidents occurring before the amendment's effective da…
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Join FLexlaw to unlock all legal intelligenceIn 1979, a Fort Lauderdale police officer's vehicle collided with the deceased's automobile during the officer's employment. The estate filed suit in …
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LETTS, Chief Judge.
In 1979, a vehicle driven by a Fort Laud-erdale police officer in the course of his employment collided with an automobile driven by the deceased. On October 3, 1980, the deceased’s estate filed suit against the City and its employee alleging negligent operation of the vehicle. A motion to dismiss on behalf of the employee was granted predicated on the amendment to Section 768.28(9) effective July 1, 1980 which amendment limits such suits to occasions on which an officer acts in bad faith, with malicious purpose, or exhibits wanton and wilful disregard of human rights. We reverse.
Without protracted discussion, we believe this case is governed by the Department of Transportation v. Knowles, 402 So. 2d 1155 (Fla.1981) which determined that the amendment to the statute should not be retroactively applied. The prior version of this statute, in effect on the date of the accident, permitted causes of action based on negligence. It is true this particular law suit had not yet been filed on the effective date of the amendment and that does represent a factual distinction from the above cited Knowles case. However, we are of the opinion that the date of the accident controls. See Bryant v. School Board of Duval County, Fla., 399 So. 2d 417 (Fla. 1st DCA 1981).
REVERSED AND REMANDED.
GLICKSTEIN, J. and OWEN, WILLIAM C., Jr., Associate Judge (Retired), concur.
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Citator
Cited By
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City OF N. BAY Vill. & Officer J. Ort v. Bart David Braelow, 469 So. 2d 869 (Fla. 3d DCA 1985)…h of the several different versions of section 768.28(9) applies. Stillwell v. Thigpen, 426 So. 2d 1267 (Fla. 1st DCA 1983); Kirkland v. State, Department of Health & Rehabilitative Services, 424 So. 2d 925 (Fla. 1st DCA 1983); Galbreath v. Shortle, 416 So. 2d 37 (Fla. 4th DCA 1982). As the incident complained of occurred on November 29, 1979, the applicable statute is section 768.28(9), Florida Statutes (1979), which provides: (9) No officer, employee, or agent of the state or its subdivisions shall be hel…
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Daniel Weingrad, M.D. v. Miles, 29 So. 3d 406 (Fla. 3d DCA 2010)…985) (attorney's fees); Knowles, 402 So. 2d at 1155 (sovereign immunity); see also R.A.M., 869 So. 2d 1210 (Fla. 2d DCA 2004) (Canady, J., used a different analysis because the case dealt with the enforceability of a contract); Galbrealh v. Shortle, 416 So. 2d 37 (Fla. 4th DCA 1982) (sovereign immunity).…
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Stanley Frankowitz, D.O. v. Propst, 464 So. 2d 1225 (Fla. 4th DCA 1985)…and so cannot reasonably argue that the statute discriminated against them. The statute abrogates no value, see State Department of Transportation v. Knowles, 402 So. 2d 1155 (Fla.1981), and impairs no vested rights, see, e.g., Galbreath v. Shortle, 416 So. 2d 37 (Fla. 4th DCA 1982). We find nothing in this section to offend due process. Appellants’ other constitutional arguments are without merit. Our holding here renders appellants’ third point moot. Accordingly, we hold that Section 768.56, Florida Stat…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Knowles, 402 So. 2d 1155 (Fla. 1981)
- Bryant v. The Sch. Bd. OF Duval Cnty., 399 So. 2d 417 (Fla. 1st DCA 1981)