BRITT
v.
CITY OF OCALA
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A minor brought suit against the City of Ocala alleging negligence in failing to provide medical attention after his arrest for a serious head injury. The Florida Supreme Court affirmed the lower court's dismissal, holding that the city was immune from tort liability for its performance of governmental functions.
A city is not liable for tort damages based on negligence in failing to provide medical aid during arrest because such actions constitute performance of a governmental function for which the city enjoys tort immunity.
“He charges that he was taken in custody by defendant while he was bleeding and unconscious as the result of a serious head injury, that his condition was well known t^j defendant who neglectfully failed to give him medical attention.”
Establishes the plaintiff's allegations against the city regarding failure to provide medical care
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Join FLexlaw to unlock all legal intelligenceThe appellant, a minor, was taken into custody by the City of Ocala while bleeding and unconscious as a result of a serious head injury. The city was …
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TERRELL, Justice.
Appellant as plaintiff and a minor brought this action by his next friend against the City of Ocala to recover damages for personal injuries. He charges that he was taken in custody by defendant while he was bleeding and unconscious as the result of a serious head injury, that his condition was well known t^j defendant who neglectfully failed to give him medical attention. An answer was filed, motion for summary judgment was granted and the cause was dismissed. This appeal is from the order of dismissal.
The point raised here goes to the alleged negligence of the city in its failure to furnish medical aid to appellant at the time he was arrested. The city contends that it was performing a governmental function and was immune for tort.
In Williams v. City of Green Cove Springs, Fla., 65 So. 2d 56, the point was thoroughly considered and a majority of this court held that the city was not liable. The judgment appealed from is accordingly affirmed on authority of-the .last cited case, the instant case having been litigated on the same theory.
Affirmed.
ROBERTS, C. J., and SEBRING and MATHEWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cauley v. City OF Jacksonville, 403 So. 2d 379 (Fla. 1981)…arrestee, Kennedy v. City of Daytona Beach, 132 Fla. 675, 182 So. 228 (1938). However, at the same time municipalities were supposedly immune, city police were held accountable for not providing medical aid at the time of an arrest, Britt v. Ocala, 65 So. 2d 753 (Fla.1953), a death-causing fire at a police station, Williams v. Green Cove Springs, 65 So. 2d 56 (Fla.1953), injuries resulting from a police cruiser’s defective brakes, City of Avon Park v. Giddens, 158 Fla. 130, 27 So. 2d 825 (Fla.1946), and a p…
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Wilford v. City OF Jacksonville Beach, 79 So. 2d 516 (Fla. 1955)…unicipal corporation is not liable for the tortious acts of its police officers committed as incident to the exercise of a purely governmental function.” City of Miami v. Bethel, Fla., 1953, 65 So. 2d 34. See also Britt v. City of Ocala, Fla., 1953, 65 So. 2d 753; and Williams v. City of Green Cove Springs, Fla., 1953, 65 So. 2d 56. No reversible error having been made to appear, the judgment appealed from should be and it is hereby Affirmed. MATHEWS, C. J., DREW, J., and PARKS, Associate Justice, conc…
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Maloy v. City OF Mulberry, 80 So. 2d 609 (Fla. 1955)…PER CURIAM. Affirmed under the authority of City of Miami v. Bethel, Fla., 1953, 65 So. 2d 34; Britt v. City of Ocala, Fla., 1953, 65 So. 2d 753; Williams v. City of Green Cove Springs, Fla., 1953, 65 So. 2d 56; and Wilford v. City of Jacksonville Beach, Fla., 79 So. 2d 516. DREW, C. J., and TERRELL, SE-BRING, ROBERTS and THORNAL, JJ., concur. ' THOMAS and HOBSON, Jj., dissent.…
Authorities Cited
- Williams v. City of Green Cove Springs, 65 So. 2d 56 (Fla. 1953)