Breach Of Non-Delegable Duty

13 Florida cases classified under this topic · sorted by citation count · browse and sort

• Jeter v. ST. Regis Paper Co.
  507 F.2d 973· 5th Cir.· 1975-02-06 ·cited 40×
  The court held that OSHA does not provide a private right of action for an employee of an independent contractor against a property owner, and the evidence was insufficient to support claims of assumed safety engineering responsibilities or other theories of liability.
• Gustof Charles Feyers and Gabrielle Feyers v. United States
  749 F.2d 1222· 6th Cir.· 1984-12-12 ·cited 28×
  The court held that the United States' decisions to delegate safety responsibility to a contractor, conduct only spot checks, and not institute safety training were discretionary functions protected by the Federal Tort Claims Act, thus depriving the district court of subject matt
• LaDonna Anderson v. Marathon Petroleum Co.
  801 F.2d 936· 7th Cir.· 1986-09-16 ·cited 18×
  The dissent argues that the majority erred in rejecting the non-delegable duty doctrine for inherently dangerous work performed by independent contractors, even with worker's compensation.
• Stander v. Dispoz-O-Products, Inc.
  973 So. 2d 603· Fla. 4th DCA· 2008-01-23 ·cited 16×
  An employer of an independent contractor is not liable for the contractor's negligence absent a special relationship imposing a non-delegable duty or specific factual allegations demonstrating the employer's negligence in selecting the contractor. A complaint alleging only conclu
• Villazon v. Prudential Health Care Plan, Inc.
  794 So. 2d 625· Fla. 3d DCA· 2001-03-14 ·cited 7×
  Rolando Villazon appeals summary judgment in a wrongful death action against Prudential Health Care Plan, alleging vicarious liability and breach of non-delegable duty for misdiagnosis that led to his wife's death from tongue cancer. The court affirms, holding that ERISA preempts
• Witoyer v. Celebrity Cruises, Inc.
  S.D. Fla.· 2016-02-04 ·cited 4×
  A cruise line's contractual duty for shore excursions is not limited by the same 'safe passage' warranty as contracts of carriage, and agency is a factual question not determined by contract labels.
• Abad v. Venus Lacalamita
  353 So. 3d 1217· Fla. 3d DCA· 2022-11-23 ·cited 3×
  The Third District Court of Appeal reversed the trial court's order allowing amendment to assert punitive damages, holding that the independent tort rule precludes punitive damages where the gross negligence claim is not independent of the underlying breach of contract.
• Price v. Miller & Solomon Gen. Contractors, Inc.
  104 So. 3d 1251· Fla. 4th DCA· 2013-01-23 ·cited 3×
  The Prices appealed summary judgment granted in favor of Southern State Masonry and the denial of their motion to amend their complaint following Kenneth Price's construction accident injury. The appellate court reversed both orders, finding genuine issues of material fact preclu
• Ortega v. Burger King Corp.
  49 Fla. L. Weekly D623· Fla. 3d DCA· 2024-06-19 ·cited 1×
  Plaintiffs Raymond Ortega and Antonio Llerena appealed a summary judgment in favor of Burger King Corporation and the denial of their motion to amend the complaint to add punitive damages claims. The court affirmed, holding that Burger King, as a property owner who hired an indep
• Walgreen Co. v. Pappalardo
  Fla. 6th DCA· 2026-06-05
  Contractual indemnity claims are governed by the express terms of the indemnification agreement, not by whether the indemnitee owed a tort duty to third parties, and a defendant seeking summary judgment must either produce evidence negating the claim or point out that the nonmovi
• Hazelitt v. Royal Caribbean Cruises, Ltd.
  S.D. Fla.· 2023-07-26
  The court held that the plaintiff's claims for misleading advertising, negligent misrepresentation, negligent selection/retention, negligent failure to warn, general negligence, and apparent agency were sufficiently pled to survive a motion to dismiss.
• Blow v. Carnival Corp.
  S.D. Fla.· 2023-05-25
  The court held that the plaintiffs' claims were not barred by DOHSA, the complaint was not a shotgun pleading, and most claims were sufficiently pleaded to survive a motion to dismiss.
• Barham v. Royal Caribbean Cruises Ltd.
  S.D. Fla.· 2021-08-23
  The court held that foreign defendants must be dismissed for lack of personal jurisdiction, while some claims against Royal Caribbean Cruises Ltd. survive the motion to dismiss, and others fail.