CITY OF WINTER HAVEN v. ALLEN

No. 87-3425.

541 So.2d 128 (1989)

CITY OF WINTER HAVEN, a Florida Municipal Corporation, Appellant, v. Elaine ALLEN, As Personal Representative of the Estate of Waymon D. Allen, On Behalf of the Estate and the Survivors, Elaine Allen and Clinton Carl Allen, Appellee.

District Court of Appeal of Florida, Second District.

March 17, 1989.


Attorney(s) appearing for the Case

Clifford J. Schott of Schott & Dale, P.A., Lakeland, for appellant.

Robin Gibson of Gibson & Lilly, Lake Wales, for appellee.

Robert A. Butterworth, Atty. Gen., and Louis F. Hubener, Asst. Atty. Gen., Tallahassee, amicus curiae on behalf of the State of Fla.


CAMPBELL, Chief Judge.

Appellant, City of Winter Haven, appeals the final judgment against it awarding appellee, the personal representative of the estate of Waymon Allen, damages in the amount of $600,000. Appellant carried liability insurance in the amount of $1,000,000. The jury found appellant liable for the May 29, 1986 shooting incident in which Polk County Sheriff's Deputy Waymon Allen was struck by a shot that was fired by a Winter Haven police officer during...

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