CITY OF NORTH BAY VILLAGE, ET AL., PETITIONERS/APPELLANTS,
v.
BART DAVID BRAELOW, RESPONDENT/APPELLEE
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The Florida Supreme Court held that a police officer cannot be held personally liable under section 768.28(9) for negligent acts committed in 1979, but that a municipality's purchase of liability insurance covering the officer may waive governmental immunity up to the policy limits, allowing recovery against the officer to the extent of insurance coverage.
Public employees cannot be held personally liable under section 768.28(9) as it existed in 1979 for negligent acts unless they acted in bad faith, with malicious purpose, or with wanton and willful disregard. However, when a government entity purchases liability insurance waiving immunity up to the policy limits, recovery against the employee may be allowed to the extent of insurance coverage.
[1] Public employees are not personally liable for their negligent acts, except when they act in bad faith, with malicious purpose, or in a manner exhibiting wanton and willf…
[2] Government entities are authorized to purchase liability insurance for employees acting within the scope of their employment.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“public employees could not be held personally liable, except as qualified, for negligent acts under section 768.28(9) as it existed in 1979”
Establishes the core holding regarding immunity from personal liability for negligence
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Join FLexlaw to unlock all legal intelligenceRespondent Braelow obtained a $100,000 judgment in a negligence action against the City of North Bay Village and Police Officer J. Ort for an incident…
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PER CURIAM.
We initially accepted jurisdiction to review City of North Bay Village v. Braelow, 469 So. 2d 869 (Fla. 3d DCA 1985), because of direct and express conflict with Rice v. Lee, 477 So. 2d 1009 (Fla. 1st DCA 1985), review denied, 484 So. 2d 9 (Fla.1986). Since accepting jurisdiction, we have issued Avallone v. Board of County Commissioners of Citrus County, 493 So. 2d 1002 (Fla.1986), which also conflicts with the decision under review on another issue. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. Respondent obtained judgment on a negligence action for $100,000 against petitioners City of North Bay Village and Police Officer J. Ort.
The trial court capped the judgment against the City at $50,000 based on section 768.28(5), Florida Statutes (1979), but ruled that Officer Ort could be held personally liable for the additional $50,000 under section 768.28(9), Florida Statutes (1979).
The district court affirmed.
The issue raised here is whether Officer Ort can be held personally liable under section 768.28(9) as it existed at the time of the incident. It is uncontroverted that the incident occurred on November 27, 1979, and that section 768.28(9), Florida Statutes (1979), is applicable. This section was amended following the date of the incident here by section 1, chapter 80-271 to make clear that public employees will not be personally liable for their negligent acts, or even named as defendants, except when they act in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
We agree with the court in Rice that public employees could not be held personally liable, except as qualified, for negligent acts under section 768.28(9) as it existed in 1979.
The trial court, district court, and the parties before this Court did not have the benefit of Avallone. The City purchased a police professional liability insurance policy to cover all individual officers of the police department for $500,000. The policy covers Officer Ort. Government entities are authorized to spend taxpayers money for the purchase of liability insurance for government agents or employees acting within the scope of their employment. § 286.28(1), Fla.Stat. (1979).
However, such policies may be purchased only if immunity is waived up to the coverage limits of the policy. § 286.28(2); Avallone. The significance of these provisions may have been recognized by the trial court in ruling that there was no limitation on the amount of recovery against Officer Ort but was overlooked by the district court. We quash the decision below and remand for further proceedings consistent with this opinion and Avallone.
It is so ordered.
ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur. McDONALD, C.J., concurs in result only.
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Union Am. Ins. Co. v. Cabrera, 721 So. 2d 313 (Fla. 3d DCA 1998)…ere the record reveals that “the series of instructions, considered as a whole, correctly stated the law,” there is no reversible error. City of North Bay Village v. Braelow, 469 So. 2d 869, 871 (Fla. 3d DCA 1985), decision quashed on other grounds, 498 So. 2d 417 (Fla.1986); see also Matalon v. Greifman, 509 So. 2d 985, 986 (Fla. 3d DCA 1987) (“Generally, all instructions given by a trial court should be considered in light of the evidence before reversible error can be ascertained, and if the jury does not…
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Orange Cnty. v. Gipson, 539 So. 2d 526 (Fla. 5th DCA 1989)…hool Board for a total of $17,000).2 The date of the incident controls the determination of which version of the sovereign immunity statute applies. City of North Bay Village v. Braelow, 469 So. 2d 869 (Fla. 8d DCA 1985), reversed on other grounds, 498 So. 2d 417 (Fla.1986). Section 768.28(5) imposes a cumulative per incident limitation on total recovery regardless of whether the source of payment is a single governmental entity or multiple governmental entities. Gerard v. Department of Transportation, 472 S…
Authorities Cited
- Avallone v. Bd. OF Cnty. Comm'rs OF Citrus Cnty., 493 So. 2d 1002 (Fla. 1986)
- City OF N. BAY Vill. & Officer J. Ort v. Bart David Braelow, 469 So. 2d 869 (Fla. 3d DCA 1985)
- Rice v. LEE, 477 So. 2d 1009 (Fla. 1st DCA 1985)