Legal Opinion

Davis v. Baez

District Court of Appeal of Florida

Decided November 9, 2016No. 16-0013PublishedCited by 2 opinions

1Opinion of the CourtEmas, J.

INTRODUCTION

Londan Davis, the plaintiff below, appeals from the trial court’s entry of final summary judgment in favor of Neftali Baez, the defendant below and an employee of the Miami-Dade County School Board. The trial court determined that sovereign immunity barred Davis’ claim against Baez for individual negligence, as pleaded in Count II of the operative complaint. We reverse, and hold that the trial court erred in entering summary judgment on Davis’ individual negligence claim, as there remain disputed issues of material fact as to whether Baez acted in a manner that would place him…

2Cases cited11 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Wallace v. DeanSupreme Court of Florida · 2009
  3. Flint & Walling Manufacturing Co. v. BeckettIndiana Supreme Court · 1906
  4. Turner v. PCR, INC.Supreme Court of Florida · 2000
  5. Banfield Et Ux. v. Addington Et Ux.Supreme Court of Florida · 1932

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3Cited by2 opinions

  1. Fresnedo v. Porky's Gym IIIDistrict Court of Appeal of Florida · 2019
  2. VME GROUP INTERNATIONAL, LLC, etc. v. THE GRAND CONDOMINIUM ASSOCIATION, INC., etc.District Court of Appeal of Florida · 2022

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