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CAULEY v. CITY OF JACKSONVILLE

No. 57756.

403 So.2d 379 (1981)

Cheryl M. CAULEY and Cecil Cauley, Her Husband, Appellants, v. CITY OF JACKSONVILLE, a Body Politic and Corporate, Appellee.

Supreme Court of Florida.

Rehearing Denied October 2, 1981.

Attorney(s) appearing for the Case

Wayne E. Hogan of Brown, Terrell & Hogan, Jacksonville, for appellants.

Dawson A. McQuaig, Gen. Counsel and William Lee Allen and Donald R. Hazouri, Asst. Counsels, Jacksonville, for appellee.

Joel D. Eaton of Podhurst, Orseck & Parks, Miami, for the Academy of Florida Trial Lawyers, amicus curiae.

Claude L. Mullis, Tallahassee, for Florida League of Cities, Inc., amicus curiae.

OVERTON, Justice.

This is an appeal from a circuit court decision holding constitutional section 768.28(5), Florida Statutes (1977),1 which by its terms limits the amount of money damages recoverable in tort against a municipality to $50,000 per person and $100,000 per incident.2 We have jurisdiction,3 and affirm.

The facts are undisputed. Appellant Cheryl Cauley was injured...

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