City of Miami v. Cleveland

CARROLL, Judge.

This appeal by the City of Miami, the defendant below, is from an adverse judgment based on a jury verdict, in an action for damages filed against the City of Miami by the administratrix of the estate of Ejester Cleveland, deceased, under the survival act, § 46.021 Fla.Stat., F.S.A., and by Cleveland’s widow, under the wrongful death act, §§ 768.01 and 768.02 Fla.Stat., F.S.A., alleging the death of Ejester Cleveland was proximately caused by negligent discharge of firearms by the city’s employees (police) while patrolling an area of the city in the vicinity of the residence of…