Civil Litigation

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Ryan v. Roy and Desoto Insurance Company

26 Fla. L. Weekly D2885 (Fla. 4th DCA Dec. 5, 2001)

Appellant plaintiff was accidentally shot by appellee, a police officer, outside the officer's jurisdiction. The parties agreed that the issue of whether the officer had statutory immunity, because he was within his employment, was a question of law. The trial court granted the officer's motion for summary judgment, and the court affirmed.
Under Section 768.28(9)(a), Florida Statutes (1999), employees of the state or its subdivisions are immune from tort liability for conduct within the scope of employment unless they act maliciously, or wantonly and willfully. Because there was no contention that the officer was guilty of anything more than ordinary negligence, the case focused on whether the officer was in the scope of his employment so as to be immune from suit.

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