October 6, 2025
ShareKelley Kronenberg Secures Summary Judgment in Municipal Liability Case
Kelley Kronenberg Of Counsel Nita Smith secured a complete summary judgment victory for a Florida municipality in Pinellas County Circuit Court, eliminating approximately $100,000.00 in potential exposure from a motor vehicle accident involving a former city employee.
The case arose when a then-city employee took a city truck without permission and was involved in a motor vehicle collision after hours and outside city limits, causing injuries to the plaintiff. The plaintiff filed a negligence action seeking damages exceeding $50,000.00, alleging the city was vicariously liable for the employee’s actions.
Nita built her defense around Florida’s sovereign immunity statute, section 768.28, Florida Statutes, which provides limited waiver of sovereign immunity only when government employees are acting within the course and scope of their employment. Through strategic discovery, she confirmed that the employee had no permission to use the city vehicle and was explicitly aware of city policy prohibiting such unauthorized use.
The evidence established that the employee had acknowledged upon employment that he was not permitted to take city vehicles for personal use. Despite this clear policy, he drove the city truck after hours and outside city limits without authorization. These facts demonstrated that the employee was not acting within the course and scope of his employment at the time of the accident.
Nita filed a comprehensive motion for summary judgment arguing that sovereign immunity had not been waived because the employee’s unauthorized use of the city vehicle fell outside the scope of his employment. She presented competent, substantial evidence including testimony from the former employee establishing the lack of permission and violation of city policy.
Judge Evan G. Frayman granted the motion for summary judgment, finding that the defendant was entitled to judgment as a matter of law. Notably, the plaintiff failed to appear at the hearing despite due notice, and the Court ruled based on the motion and the substantial evidence filed with the Court.
The Court’s order specifically cited the testimony of the former employee as competent, substantial evidence supporting the city’s position. This ruling completely eliminated the city’s exposure and reinforced important principles regarding the limits of vicarious liability for municipalities when employees act outside the scope of their employment.
Building on this success, Nita has filed a motion for sanctions under section 57.105, Florida Statutes, which is scheduled for hearing in October. This motion seeks to recover the city’s costs and fees for defending against what she contends was a case lacking merit from the outset.
This victory demonstrates the importance of thorough discovery in municipal liability cases and the effectiveness of sovereign immunity defenses when employees act outside their authorized duties. For municipalities, this case reinforces that unauthorized use of government vehicles by employees does not automatically create liability for the governmental entity.
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