FISHER v. CITY OF MIAMI

No. 33402.

172 So.2d 455 (1965)

Thomas E. FISHER, Petitioner, v. The CITY OF MIAMI, a Municipal Corporation, Thomas Marshall, and William Jackson, Respondents.

Supreme Court of Florida.

Rehearing Denied March 29, 1965.


Attorney(s) appearing for the Case

Frates, Fay & Floyd and Larry S. Stewart, Miami, for petitioner.

John R. Barrett, City Atty., and John S. Lloyd, Asst. City Atty., for respondents.

Nichols, Gaither, Beckham, Colson & Spence and Alan R. Schwartz, Miami, amicus curiae.


THORNAL, Justice.

By a petition for certiorari we have for review a decision of a District Court of Appeal which has been certified to us as one which passes upon a question of great public interest.

We must determine whether a Florida municipality is subject to an award of punitive damages in an action for an intentional tort committed by an employee while acting within the scope of his employment.

Fisher sued the City of Miami and two police officers...

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