Florida District Courts of Appeal, 1995

City of Sunrise v. Goggans

City of Sunrise v. Goggans
Florida District Courts of Appeal · Decided November 22, 1995 · Pariente, Polen, Warner
664 So. 2d 1042; 1995 Fla. App. LEXIS 12307; 1995 WL 691956 (Southern Reporter, Second Series)

City of Sunrise v. Goggans

Opinion of the Court

PER CURIAM.

The negligent acts of the police officer were operational activities, not discretionary policy or planning decisions. We therefore hold that the appellant is not immune from suit. See Kaisner v. Kolb, 543 So.2d 732 (Fla. 1989); Hartley v. Floyd, 512 So.2d 1022 (Fla. 1st DCA), rev. denied, 518 So.2d 1275 (Fla. 1987); Brown v. City of Delray Beach, 652 So.2d 1150 (Fla. 4th DCA 1995). The jury found that the officer was acting within the course and scope of his employment when the incident occurred. Applying the factors set forth in Craft v. John Sirounis and Sons, Inc., 575 So.2d 795 (Fla. 4th DCA 1991), we do not disagree with their finding.

Affirmed.

WARNER, POLEN and PARIENTE, JJ., concur.

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