The Florida Supremes issued an opinion Friday that is a MUST READ for everyone who deals with government agencies. In this opinion, the court held that FHP does not owe a duty of care to either remove stranded vehicles from the highways, OR to actually dispatch (and promptly respond)troopers based on a 911 call.
I won't go through the whole case, but I believe it to be one of the most lucid decisions laying out the analysis of the waiver of sovereign immunity I've ever read. It clearly lays out the path that the courts should take in getting to the operational vs. policy/planning level (it's after you'd find a common law duty in a non-governmental agency), and it clearly lays out the governmental duties have to flow from the established statutes and rules rather than internal operating policies (unlike civil rights cases, which go past sovereign immunity in most instances though not always the 11th amendment).
I also think that opinion lays out a better bright line than most of the sovereign immunity cases. The dissent by Justice Pariente (joined by Quince) also does a very good job of describing an alternative view of the duty issue that would have resulted in liability.
And there's a great set of string cites to cases finding liability for failure to maintain or properly operate governmental facilities.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Bảy, 12 tháng 6, 2004
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Hi kids, the heat is on and the bunker denizens are leading the way with their official 3d DCA summer pickle ball league -- judicial gentle...
-
Having been disappointed by several recent 11th Circuit opinions, I am pleased to see here a straightforward application of the "econo...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Greenberg Traurig says it's not really necessary; Judge Middlebrooks says it is probably a good idea: In response, Plaintiff argues, in...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
Không có nhận xét nào:
Đăng nhận xét