Vann v. Department of Corrections

Citation662 So.2d 339
Decision Date02 November 1995
Docket NumberNo. 85415,85415
Parties20 Fla. L. Weekly S552 Randall Jerrold VANN, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.
CourtFlorida Supreme Court

Edward M. Price, Jr. of Farmer, Price, Hornsby & Weatherford, Dothan, Alabama, for Petitioner.

Cynthia S. Tunnicliff and Davisson F. Dunlap of Pennington & Haben, P.A., Tallahassee, for Respondent.

Loren E. Levy of the Law Offices of Larry E. Levy, Tallahassee, Amicus Curiae for The Academy of Florida Trial Lawyers.

PER CURIAM.

We have for review the following question passed upon by the First District Court of Appeal and certified to be of great public importance:

WHETHER THE STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, MAY BE HELD LIABLE AS A RESULT OF THE CRIMINAL ACTS OF AN ESCAPED PRISONER?

State Dep't of Corrections v. Vann, 650 So.2d 658, 662 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, Sec. 3(b)(4), Fla. Const. For the reasons set forth below, we answer the certified question in the negative.

The issue in this case is whether the Department of Corrections (the department) may be held liable for the criminal acts of an escaped prisoner. 1 The district court resolved this issue by holding that the department could not be held liable for the criminal acts of an escaped prisoner because no common law duty was owed by the department to protect a particular individual from such potential harm. In a thorough and well-reasoned discussion, Judge Wolf predicated the district court's decision, in substantial part, on principles already established by this Court in Everton v. Willard, 468 So.2d 936 (Fla.1985), Trianon Park Condominium Association v. City of Hialeah, 468 So.2d 912 (Fla.1985), and Department of Health & Rehabilitative Services v. Whaley, 574 So.2d 100 (Fla.1991). The court's holding rests on the following principle, which was previously stated in Everton: "A governmental duty to protect its citizens is a general duty to the public as a whole, and where there is only a general duty to protect the public, there is no duty of care to an individual citizen which may result in liability." Vann, 650 So.2d at 660 (quoting Everton, 468 So.2d at 938). Additionally, although dicta, we noted in Department of Health & Rehabilitative Services v. Whaley, 574 So.2d 100 (Fla.1991), that "the department of corrections has no specific duty to protect individual members of the public from escaped inmates." Id. at 102-03 n. 1. Because Judge Wolf's opinion accurately reflects...

To continue reading

Request your trial
16 cases
  • Wallace v. Dean
    • United States
    • Florida Supreme Court
    • January 29, 2009
    ...there never has been a common law duty of care."); see also Dep't of Corr. v. Vann, 650 So.2d 658, 660-62 (Fla. 1st DCA), approved, 662 So.2d 339 (Fla.1995) (law-enforcement officers owe a general duty to the public at large to capture escaped prisoners who are not currently within their ge......
  • Andrews v. Florida Parole Com'n
    • United States
    • Florida District Court of Appeals
    • October 18, 2000
    ...an action by any aggrieved individual for alleged negligence or errors in their application or enforcement. See Vann v. Department of Corrections, 662 So.2d 339, 340 (Fla.1995) ("A governmental duty to protect its citizens is a general duty to the public as a whole, and where there is only ......
  • In re Venable
    • United States
    • U.S. Bankruptcy Court — Middle District of Florida
    • July 25, 2002
    ...of the Florida Constitution, and if such an action did exist it would be barred by sovereign immunity. See also Vann v. Department of Corrections, 662 So.2d 339 (Fla.1995) (State has no liability for the acts of escaped prisoners, even where escaped prisoner killed a man, because there exis......
  • Storm v. Town of Ponce Inlet
    • United States
    • Florida District Court of Appeals
    • January 2, 2004
    ...by courts after Kaisner have employed this two-step approach. See Henderson v. Bowden, 737 So.2d 532 (Fla.1999); Vann v. Dept. of Corrections, 662 So.2d 339 (Fla.1995); Austin v. Mylander, 717 So.2d 1073 (Fla. 5th DCA 1998), rev. denied, 729 So.2d 389 (Fla. 1999); Sams v. Oelrich, 717 So.2d......
  • Request a trial to view additional results
3 books & journal articles
  • The administrative process and constitutional principles.
    • United States
    • Florida Bar Journal Vol. 75 No. 1, January 2001
    • January 1, 2001
    ...impinge upon the independence of these offices"). See State, Dept. of Corrections v. Vann, 650 So. 2d 658 (Fla. 1st D.C.A. 1995), aff'd, 662 So. 2d 339 (courts should not find tort cause of action against other (67) The Florida Bar v. Massfeller, 170 So. 2d 834 (Fla. 1964). (68) See, e.g., ......
  • Governmental tort liability in Florida; a tangled web.
    • United States
    • Florida Bar Journal Vol. 77 No. 2, February 2003
    • February 1, 2003
    ...28) Dep't of H.R.S. v. B.J.M., 656 So. 2d 906 (Fla. 1995) (no liability for allocation of services) 29) Vann v. Dep't of Corrections, 662 So. 2d 339 (Fla. 1995) (no liability for crimnal acts of escaped 30) Lee v. Dep't of H.R.S., 698 So. 2d 1194 (Fla. 1997) (liability for negligent supervi......
  • Florida's public duty doctrine.
    • United States
    • Florida Bar Journal Vol. 80 No. 5, May 2006
    • May 1, 2006
    ...of which was enunciated in prior opinions in Everton v. Willard, 468 So. 2d 936 (Fla. 1985), and Vann v. Department of Corrections, 662 So. 2d 339, 340 (Fla. 1995), that, "[a] governmental duty to protect its citizens is a general duty to the public as a whole, and where there is only a gen......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT