ANNA DELGADO, APPELLANT,
v.
CITY OF MIAMI BEACH, APPELLEE
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The City of Miami Beach is protected from liability under sovereign immunity because its actions fell within the planning-level, discretionary function of government.
Anna Delgado was injured by fireworks ignited by someone in the crowd at a concert sponsored by the City of Miami Beach. Delgado argued the city was l…
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HENDRY, Judge.
Anna Delgado appeals from a summary judgment which found that, as a matter of law, the City of Miami Beach was protected from liability under the doctrine of sovereign immunity. We affirm.
On July 4th, 1984, Delgado attended a concert and fireworks display sponsored by the City of Miami Beach. During the concert, someone in the crowd ignited fireworks which struck and burned Delgado’s leg. The crux of Delgado’s argument is that the city, acting in an operational capacity as the sponsor of the above events, failed to prohibit the possession and detonation of fireworks by individuals.1
We disagree with Delgado’s contention that the city’s actions were an operational-level function. More correctly, the city’s actions fell within the planning-level, discretionary function of government, for which no liability attaches. The manner in which a city, through its police officers, exercises discretionary authority to enforce compliance with the laws and protect the public safety, falls squarely within the city’s power to govern. Accordingly, the city is protected under the doctrine of sovereign immunity. Trianon Park Condominium Ass’n v. City of Hialeah, 468 So. 2d 912 (Fla.1985); Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla.1979). See also City of Daytona Beach v. Palmer, 469 So. 2d 121 (Fla.1985) (decisions of firefighters in combatting a fire); Higdon v. Metro. Dade County, 446 So. 2d 203 (Fla. 3d DCA 1984) (provisions to warn individuals of riot); Ellmer v. City of St. Petersburg 378 So. 2d 825 (Fla. 2d DCA 1979) (provision of police protection during riot).
Affirmed.
. Delgado also contends that police officers failed to warn persons attending the concert that unauthorized fireworks were being ignited. No evidence exists in the record to indicate that the city had any knowledge of prior similar incidents.
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Geraldo Ameijeiras and Eneyda Ameijeiras v. Metro. Dade Cnty., 534 So. 2d 812 (Fla. 3d DCA 1988)…care. Trianon Park Condominium Ass’n, Inc. v. City of Hialeah, 468 So. 2d 912 (Fla.1985). Applying the controlling principles of Trianon to this record, Metropolitan Dade County is immune from tort liability. See also Delgado v. City of Miami Beach, 518 So. 2d 968 (Fla. 3d DCA 1988); Zieja v. Metropolitan Dade County, 508 So. 2d 354 (Fla. 3d DCA 1987) (en banc) (Schwartz, C.J.; Baskin, Jorgenson, JJ., specially concurring).…
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Miami-Dade Cnty. v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017)…ly immune from suit and thus, it was entitled to summary judgment as a matter of law. This conclusion is supported by prior decisions from the Florida Supreme Court, this Court, and our sister courts. For example, in Delgado v. City of Miami Beach, 518 So. 2d 968 (Fla. 3d DCA 1988), this Court affirmed the trial court's order granting the City of Miami Beach's motion for summary judgment after concluding that the City of Miami Beach was protected from liability under the doctrine of sovereign immunity as a m…
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Sanchez v. Miami-Dade Cnty., 245 So. 3d 933 (Fla. 3d DCA 2018)…ne from suit and thus, it was entitled [*938] to summary judgment as a matter of law. This conclusion is supported by prior decisions from the Florida Supreme Court, this Court, and our sister courts. For example, in Delgado v. City of Miami Beach, 518 So. 2d 968 (Fla. 3d DCA 1988), this Court affirmed the trial court's order granting the City of Miami Beach's motion for summary judgment after concluding that the City of Miami Beach was protected from liability under the doctrine of sovereign immunity as a m…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah, 468 So. 2d 912 (Fla. 1985)
- City OF Daytona Beach v. Palmer, 469 So. 2d 121 (Fla. 1985)
- Ellmer v. The City OF ST. Petersburg, 378 So. 2d 825 (Fla. 2d DCA 1979)
- Justine A. Higdon v. Metro. Dade Cnty., 446 So. 2d 203 (Fla. 3d DCA 1984)