CITY OF MIAMI, A MUNICIPAL CORPORATION, PETITIONER,
v.
GILBERT SHIPP, RESPONDENT

Fla. | 1965-02-17
No. 33067
DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL and ERVIN, JJ., concur.
172 So. 2d 439 Florida Supreme Court (1965)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The decision of the Court of Appeal, Third District, has been sent to us by that Court as being one which passes upon a question certified to be of great public interest. See Shipp v. City of Miami, Court of Appeal, Third District, 172 So.2d 618.

The decision presents the question of the liability of a Florida municipality for the intentional torts of its employees committed within the scope of their employment.

The problem has been fully discussed in our opinion in City of Miami v. Simpson, Fla., 172 So.2d 435, filed 17th day of February, 1965.

On the authority of the cited opinion the decision of the District Court is approved and the writ is discharged.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL and ERVIN, JJ., concur.

CALDWELL, J.,

dissents, see dissent in City of Miami v. Simpson, Fla., 172 So.2d 435, this day filed.

Dissent
CALDWELL, J.,

CALDWELL, J.,

dissents, see dissent in City of Miami v. Simpson, Fla., 172 So. 2d 435, this day filed.


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