HELEN B. PALMER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM GREGORY PALMER, JR., DECEASED, APPELLANT,
v.
CITY OF DAYTONA BEACH, A MUNICIPAL CORPORATION, APPELLEE
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The court reversed a trial court's dismissal of a negligence complaint against the City of Daytona Beach, holding that municipalities can be held liable in tort for negligent acts of firefighters at the operational level, despite prior sovereign immunity doctrine. The court certified a question to the Florida Supreme Court regarding whether cities can be held liable for damages caused by negligent firefighting.
A city can be held liable in tort for negligent acts of its firefighters at the operational level. Florida has waived sovereign immunity for torts committed by cities resulting from acts performed at an operational level, and the negligent carrying out of city governmental powers and functions at that level may result in tort liability.
[1] A city may be held liable in tort for damages caused by the negligent acts of its firefighters in combating a fire.
[2] Florida has waived sovereign immunity for torts committed by cities resulting from acts performed at an operational level.
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Join FLexlaw to unlock all legal intelligence“After Steinhardt, Florida waived sovereign immunity for torts committed by cities resulting from acts performed at an operational level.”
Establishes the controlling legal standard that sovereign immunity no longer applies to operational-level torts by municipalities.
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Join FLexlaw to unlock all legal intelligenceWilliam Palmer's office was damaged when a fire spread from an adjacent building on South Beach Street in Daytona Beach. The appellant alleged that th…
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SHARP, Judge.
The appellant argues that the trial court erred in dismissing her amended complaint for failure to state a cause of action against the City of Daytona Beach. She alleged that the city’s firemen breached standard firefighting practices in combating a fire in a building on South Beach Street in Daytona Beach, and that their negligence caused the fire to spread to William Palmer’s office, where it destroyed virtually all of his office equipment, library and professional records. We think the complaint states a cause of action.
Steinhardt v. North Bay Village, 132 So. 2d 764 (Fla. 3d DCA 1961), cert. discharged, 141 So. 2d 737 (Fla.1962), denied liability in a similar situation. But that case relied on the rule that cities are immune from torts committed while carrying out governmental functions. This was in conformity with the weight of authority in this country. See Annot., 84 A.L.R. 514 (1933); Annot., 33 A.L.R. 688 (1924); Annot., 9 A.L.R. 143 (1920). The reason for the rule is expressed in Steinhardt:
a conflagration might cause losses, the payment of which would bankrupt the community. Closely allied with this fear is the realization that the crushing burden of extensive losses can better be distributed through the medium of private insurance.
Steinhardt at 766.
After Steinhardt, Florida waived sovereign immunity for torts committed by cities resulting from acts performed at an operational level. Commercial Carrier Corporation v. Indian River County, 371 So. 2d 1010 (Fla.1979); § 768.28, Fla.Stat. (1981). We have held that the negligent carrying out of city governmental powers and functions at that level may result in tort liability. Sintros v. LaValle, 406 So. 2d 483 (Fla. 5th DCA 1981); Jones v. City of Longwood, 404 So. 2d 1083 (Fla. 5th DCA 1981), review denied, 412 So. 2d 467 (Fla.1982). We cannot distinguish this case from the others on the ground that the city employees here were engaged in discretionary activities. Cf. Everton v. Willard, 426 So. 2d 996 (Fla. 2d DCA 1983).
We do recognize that the issue in this case is one of great public importance and we therefore certify to our supreme court the following question:
CAN A CITY BE HELD LIABLE IN TORT TO A PROPERTY OWNER FOR DAMAGES CAUSED BY THE NEGLIGENT ACTS OF THE CITY’S FIREFIGHTERS IN COMBATING A FIRE?
REVERSED AND REMANDED.
FRANK D. UPCHURCH, Jr., and CO-WART, JJ., concur.
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City OF Daytona Beach v. Palmer, 469 So. 2d 121 (Fla. 1985)…OVERTON, Justice. This cause is before us on petition to review Palmer v. City of Daytona Beach, 443 So. 2d 371 (Fla. 5th DCA 1983), in which the district court held that a cause of action exists for a private property owner against the city for the negligent discretionary acts of its firemen in combatting a fire. In so holding, the district court certified t…
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Carron M. Cutler v. The Bd. OF Regents OF the State OF Fla., 459 So. 2d 413 (Fla. 1st DCA 1984)…448 So. 2d 560 (Fla. 3d DCA 1984) (error to enter summary judgment where factual issues remain concerning injuries sustained when plaintiff was attacked by an intruder in a restroom at Miami Dade Community College); Palmer v. City of Daytona Beach, 443 So. 2d 371 (Fla. 5th DCA 1983) (city may be held liable to property owner for damages caused by negligent acts of city’s firefighters in combating fire — question certified); Smith v. Department of Corrections of State, 432 So. 2d 1338 (Fla. 1st DCA 1983) (DOC…
Authorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Azor J. Everton, Jr. v. Willard, 426 So. 2d 996 (Fla. 2d DCA 1983)
- Steinhardt v. Town OF N. BAY Vill., 132 So. 2d 764 (Fla. 3d DCA 1961)
- Steinhardt v. Town OF N. BAY Vill., 141 So. 2d 737 (Fla. 1962)
- Stavros Samuel Sintros and Lurline Sintros v. LaVALLE, 406 So. 2d 483 (Fla. 5th DCA 1981)
- Hodak v. State, 404 So. 2d 1083 (Fla. 3d DCA 1981)
- Jones v. The City OF Longwood, 404 So. 2d 1083 (Fla. 5th DCA 1981)