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2nd DCAOctober 16, 2024Affirmed⭐ Notable

City of Tampa v. Foottit

Case No. 2D2024-0833

The Second District affirmed the denial of the City of Tampa's summary judgment motion asserting sovereign immunity under section 768.28(9)(d) for injuries caused by a driver fleeing a 14-minute, 19-mile high-speed police pursuit. The court held genuine issues of material fact existed on all three statutory prongs \u2014 whether the officer's conduct was so reckless as to disregard human life, whether he reasonably believed a forcible felony had been committed (the dispatch was a 'signal 10' auto theft, not a burglary), and whether the pursuit complied with TPD's written pursuit policy.

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