Liability, SOV IMM

Question 1

Can you sue LG for negligence?

Answer 1

Yes - for the negligent acts or omissions of its officers or employees committed within the scope of their authority.
—
1983 has NO respondeat superior.

Question 2

When can LG employee be sued individually?

Answer 2

Sued indiv ain’t driving a BMW
———–
If acts committed:
1) in Bad faith
2) w/ Malicious purpose
3) Wanton + willful disregard of human rights, safety, or property.

Question 3

Can you sue LG employee individually for negligence?

Answer 3

sued indiv isn’t driving a BMW
———–
Only if harm was intentionally caused.
1) Bad faith
2) Malicious
3) Wanton, willful

Question 4

NEW - 2021
———–
What are the parameters of the new 768.38 protections for businesses, re: COVID claims.

Answer 4

NEW - 2021
———–
Protected if they made a good-faith effort to follow guidelines to prevent the spread of the coronavirus.

Question 5

NEW - 2021
———–
What must COVID plaintiff include in its complaint?

Answer 5

NEW - 2021
———–
Medical causal connection affidavit.
———–
Plead w/ specificity and accompanied by an affidavit of a physician attesting to the physician’s belief that the injury at issue was the result of the defendant’s acts or omissions.

Question 6

What must you show to sue LG for negligence?

Answer 6

(a) Negligence caused injury;
(b) Injury can be compensated by money; &
(c) A private party would be liable under same circumstances.

Question 7

What are the financial limits on recovery when suing LG for negligence?

Answer 7

$200,000, or $300,000.
No punis or interest.

Question 8

What is S/L to sue LG in negligence?

Answer 8

6 mos = NOC to DFS for contrib
1 = P+P statutory bond
2 = NOC to DFS for med mal/ wrong death
2/3 = MESs
3 = NOC to DFS for tort
4 = Torts + oral Ks + taking.
5 = written Ks (inc common law bonds [FS 95.11 (2)(b)]) + improper ordinance

Question 9

We know you can sue LG for EE’s negligent conduct w/i scope of work.
When specifically can ER not be liable?

Answer 9

1983 specifically excludes respondeat superior.
Why? b/c sue only for custom or policy (focus on the entity).
– Only sue individs in their official capacity.
———–
1. Only Officials acting under color of law.
2. Official’s act (its custom/policy) = cz.
3. No respondent superior (can’t sue b/c LG employed a discriminator.)