Fellow Servant Doctrine

76 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Atl. Coast Line R.R. Co. v. Beazley
  54 Fla. 311· Fla.· 1907-06-01 ·cited 197×
  The Florida Supreme Court held that a railroad relief and hospital department contract, under which injured employees accept benefits in lieu of damages claims, is valid and enforceable as a release when the employee makes an informed election after injury, provided the contract
• Duval v. Hunt
  34 Fla. 85· Fla.· 1894-06-01 ·cited 164×
  This is the first wrongful death action under Florida's 1883 statute. The court reversed a judgment for the plaintiffs, holding that two adult sisters lacked standing as "dependents," that the deceased employee's own negligence barred recovery under comparative negligence princip
• Atl. Coast Line R.R. Co. v. Shouse
  83 Fla. 156· Fla.· 1922-02-02 ·cited 119×
  A railroad employee was struck by a car being switched using a dangerous "flying switch" method in the defendant's rail yards. The trial court awarded the plaintiff $15,000 in damages. On appeal, the railroad challenged the verdict on evidentiary, instructional, and damages groun
• Ingram-Dekle Lumber Co. v. Geiger
  71 Fla. 390· Fla.· 1916-04-05 ·cited 98×
  In this 1916 Florida case, the Supreme Court reversed a jury verdict awarding damages to an injured railroad worker. The court held that because the plaintiff was a fellow-servant of the locomotive engineer, the railroad employer was not liable for injuries caused by the engineer
• Ga. S. & Fla. Ry. Co. v. Seven-Up Bottling Co. OF Se. Ga., Inc.
  175 So. 2d 39· Fla.· 1965-05-12 ·cited 96×
  The Florida Supreme Court held that Section 768.06, a comparative negligence statute applying exclusively to railroads, violated the Equal Protection Clause because changed conditions—particularly the rise of motor vehicles as dangerous instrumentalities—made the statute arbitrar
• Keen v. Overseas Tankship Corp.
  194 F.2d 515· 2d Cir.· 1952-02-05 ·cited 96×
  A shipowner is liable for injuries caused by a crew member's unseaworthiness, regardless of the owner's knowledge of the crew member's unfitness.
• Camp v. Hall
  39 Fla. 535· Fla.· 1897-06-01 ·cited 92×
  In this 1897 Florida case, the court affirmed judgment for a young boy injured while performing dangerous work at a sawmill. The court held that a master is liable for injuries to a servant caused by a foreman's negligent orders to perform hazardous work outside the servant's emp
• Rivers v. City of Gainesville
  107 Fla. 774· Fla.· 1932-07-23 ·cited 63×
  Fannie Rivers sued the City of Gainesville for wrongful death after her husband Thomas Rivers was fatally scalded by steam negligently turned into a boiler while he was working inside it. The Florida Supreme Court reversed a directed verdict for the defendant, holding that the ci
• Frantz v. McBEE Co.
  77 So. 2d 796· Fla.· 1955-02-04 ·cited 60×
  The Florida Supreme Court clarified the scope of immunity under the Florida Workmen's Compensation Act, holding that a co-employee may be sued as a third-party tort-feasor for negligence despite the Act's exclusivity provisions. The Court affirmed summary judgment against the emp
• Jacksonville Elec. Co. v. Sloan
  52 Fla. 257· Fla.· 1906-06-01 ·cited 60×
  Jacksonville Electric Company appeals a $14,000 wrongful death verdict for an employee (Sloan) electrocuted while working on a broken power line. The Florida Supreme Court affirmed, holding that the company had a duty to ensure workers' safety and that evidence supported the jury
• Parrish v. Pensacola & Atl. R.R. Co.
  28 Fla. 251· Fla.· 1891-06-01 ·cited 60×
  Thomas Parrish, a day laborer for a railroad company, lost his arm when a locomotive backed into a gravel train with excessive force. He sued the railroad for negligence in employing an incompetent fireman, but the Florida Supreme Court affirmed the jury verdict for the defendant
• Stearns & Culver Lumber Co. v. Fowler
  58 Fla. 362· Fla.· 1909-06-01 ·cited 56×
  The Florida Supreme Court reversed a judgment awarding damages to an employee injured by a loading machine, holding that the employer is not liable for negligence of a fellow servant unless that servant was discharging a duty properly belonging to the employer as such. The court
• Nations v. Morris
  483 F.2d 577· 5th Cir.· 1973-06-19 ·cited 52×
  The court held that the Longshoremen's and Harbor Workers' Act provides the exclusive remedy and immunity for injuries on the Outer Continental Shelf, and the Louisiana Direct Action Statute is inapplicable.
• Charlotte Harbor & N. Ry. Co. v. Truette
  81 Fla. 152· Fla.· 1921-02-11 ·cited 48×
  A widow sued the Charlotte Harbor & Northern Railway Company for wrongful death after her husband, a telephone lineman employed by the company, was killed when a motor car he was riding struck a cow on the railroad track. The Florida Supreme Court reversed the judgment, finding t
• Carter v. Sims Crane Serv., Inc.
  198 So. 2d 25· Fla.· 1967-04-12 ·cited 42×
  Willie Carter, an employee of a subcontractor, sued Sims Crane Service, another subcontractor on the same construction job, for negligence. The Florida Supreme Court affirmed summary judgment for the defendant, holding that the Workers' Compensation Act creates a single statutory
• Hartquist v. Tamiami Trail Tours, Inc.
  139 Fla. 328· Fla.· 1939-07-18 ·cited 36×
  Hartquist sued Tamiami Trail Tours for negligence after being struck by an unsecured trailer door while lawfully using a public sidewalk. The Florida Supreme Court reversed the trial court's dismissal on demurrer, holding that the declaration sufficiently alleged a duty of care a
• Fla. E. Coast Ry. Co. v. Lassiter
  58 Fla. 234· Fla.· 1909-06-01 ·cited 36×
  Florida East Coast Railway Company appeals a jury verdict awarding damages to employee Lassiter for injuries sustained when a defective grab iron failed as he boarded a moving coal car. The court reverses and remands for a new trial, finding multiple instructional errors regardin
• Taylor v. Prairie Pebble Phosphate Co.
  61 Fla. 455· Fla.· 1911-01-01 ·cited 26×
  The court reversed a judgment that dismissed a personal injury lawsuit. The lawsuit claimed an employer was negligent in hiring an incompetent engineer, leading to an employee's injury. The court found the declaration sufficient to withstand a demurrer, distinguishing the employe
• Sutton v. Glenwood Hancock
  105 Fla. 497· Fla.· 1932-05-11 ·cited 24×
  A construction worker recovered a $15,000 judgment for injuries sustained when a poorly constructed scaffold collapsed. The Florida Supreme Court affirmed, holding that the master employer is liable despite the fellow servant doctrine because the superintendent, as vice principal
• McRAE v. Snelling
  303 So. 2d 670· Fla. 4th DCA· 1974-11-29 ·cited 22×
  The court held that the automobile liability policy's employee exclusion effectively denied coverage to the employer for the injured employee's claim, and the driver was not an insured under the policy.
• Tampa Elec. Co. v. Jandreau
  93 Fla. 520· Fla.· 1927-03-15 ·cited 20×
  Tampa Electric Company appeals a jury verdict awarding $8,000 in damages to the estate of Florence Jandreau's husband, a street car conductor killed when the motorman negligently operated the car too close to a parked automobile. The Florida Supreme Court affirms, holding that th
• Gulf v. King
  73 Fla. 325· Fla.· 1917-02-09 ·cited 20×
  An employee of a railroad company was injured by a wooden pile while working as a fireman during railroad construction. The Supreme Court affirmed the judgment for the plaintiff, holding that Florida's 1913 hazardous occupations statute permits recovery despite the employee's con
• Ryder v. Plumley
  138 Fla. 378· Fla.· 1939-06-02 ·cited 17×
  In this negligence case, a laborer injured during the transportation of machinery by a truck hired from a trucking company sued for damages. The Florida Supreme Court affirmed a $5,000 jury verdict, but reduced the award to $3,000 through remittitur, rejecting the defendant's arg
• Tampa Shipbuilding & Eng'g Co. v. Thomas
  131 Fla. 650· Fla.· 1938-03-04 ·cited 17×
  An injured employee sued his employer for damages resulting from a severe foot injury caused by a defective air drill bit. The Florida Supreme Court reversed the trial court's judgment, holding that while the employer was negligent in furnishing a defective tool, the trial court
• Shova v. Eller
  606 So. 2d 400· Fla. 2d DCA· 1992-09-04 ·cited 16×
  Randy Shova, as personal representative of his wife's estate, sued fellow employees and corporate officers of Circle K for gross negligence in connection with her death during a store robbery. The court reversed the trial court's dismissal, holding that the 1988 amendment to Flor
• Hicks v. Kemp
  79 So. 2d 696· Fla.· 1955-04-20 ·cited 16×
  An employee injured while riding on a moving truck sued his employer for negligence. The trial court granted summary judgment for the defendant, but the Florida Supreme Court reversed, holding that material factual disputes existed regarding the employer-employee relationship and
• Sheaf v. Minneapolis
  162 F.2d 110· 8th Cir.· 1947-06-18 ·cited 16×
  A railroad company is not liable under the Federal Employers' Liability Act for an unprovoked assault by one employee on another if the assault was not committed in furtherance of the employer's business or within the scope of the aggressor's employment.
• LeSUER v. LeSUER
  350 So. 2d 796· Fla. 1st DCA· 1977-09-23 ·cited 14×
  Richard Allen LeSuer was injured when Joseph LeSuer, operating a crane owned by LeSuer and his partner, negligently touched a high voltage wire with the crane's boom while loading scrap for Allen's employer. The court held that Joseph LeSuer and the crane owners are not immune fr
• Biscayne Beach Theatre, Inc. v. Hill
  151 Fla. 1· Fla.· 1942-06-30 ·cited 14×
  The Florida Supreme Court reviewed a negligence verdict against a theater company on certiorari, focusing on whether the trial court improperly allowed plaintiff's counsel to treat defendant's confession-and-avoidance plea as an admission of negligence that conflicted with the ge
• Wauchula Mfg. & Timber Co. v. Jackson
  70 Fla. 596· Fla.· 1916-01-05 ·cited 14×
  Carpenter Jackson sought damages for injuries sustained when he fell through a partially sawed joist while working for Wauchula Manufacturing & Timber Company. The Florida Supreme Court reversed a jury verdict in Jackson's favor, holding that the plaintiff's own negligence contri
• Prairie Pebble Phosphate Co. v. Taylor
  64 Fla. 403· Fla.· 1912-06-01 ·cited 14×
  Prairie Pebble Phosphate Company appeals a judgment for personal injuries awarded to its employee switchman. The Florida Supreme Court reverses, holding that the engineer was a fellow servant under common law, not the employer's representative, and that the employer was not negli
• Ball v. I. C. Helmly Furniture Co., Inc.
  132 Fla. 882· Fla.· 1938-06-18 ·cited 12×
  Elizabeth Ball, injured when struck by a truck operated by fellow employee Hargrove during her lunch hour, sued her employer Helmly Furniture Co. The Florida Supreme Court reversed the trial court's dismissal on demurrer, holding that the fellow-servant rule does not apply when a
• Coronet Phosphate Co. v. Jackson
  65 Fla. 170· Fla.· 1913-02-18 ·cited 12×
  The court reversed a judgment for a minor who was injured by an electric wire, finding that his own contributory negligence and the negligence of a co-employee barred recovery. The case clarifies employer liability for employee injuries under common law principles.
• Wadiak v. Ill. Cent. R. Co.
  208 F.2d 925· 7th Cir.· 1953-12-22 ·cited 10×
  The court held that the evidence was insufficient to support any of the plaintiff's charges of negligence under the Federal Employers' Liability Act, and thus the trial court erred in denying the defendant's motion for a directed verdict.
• Kocher v. Creston Transfer Co.
  166 F.2d 680· 3d Cir.· 1948-03-01 ·cited 10×
  The court held that the jury's finding that the decedent had a right to share control of the vehicle was not supported by sufficient evidence, and the jury instructions on joint enterprise were confusing and unwarranted.
• S. States Power Co. v. Merrill Clark
  118 Fla. 521· Fla.· 1935-02-28 ·cited 10×
  This case involves a personal injury lawsuit brought by an employee against his employer, an electric power company. The employee claimed he was injured due to the employer's negligence in providing an unsafe work environment. The court affirmed the jury's verdict for the employe
• Richendollar v. Diamond M Drilling Co., Inc.
  784 F.2d 580· 5th Cir.· 1986-03-05 ·cited 8×
  The court held that the plaintiff failed to prove a cause of action under § 905(b) against the employer for negligence, as the negligence was that of a fellow employee and not imputable to the vessel owner as a separate entity.
• Hudgins v. Garnett Ryland Gregory
  219 F.2d 255· 4th Cir.· 1955-02-16 ·cited 8×
  The court held that the evidence supported a jury finding of an employer-employee relationship under the Jones Act, that the jury verdict was not excessive, and that the owners were entitled to limit their liability.
• Wetherbee v. Elgin
  204 F.2d 755· 7th Cir.· 1953-03-20 ·cited 8×
  The court held that the trial court properly directed a verdict for the defendant because the plaintiff failed to present sufficient evidence of the defendant's negligence and the plaintiff's intestate was contributorily negligent.
• Cummer Lumber Co. v. Silas
  98 Fla. 1158· Fla.· 1929-12-30 ·cited 8×
  Cummer Lumber Company appeals a judgment in favor of Annie M. Silas, widow of a deceased employee killed when a dipper fell from suspended machinery during the transfer of a steam shovel between quarries. The Florida Supreme Court reverses, holding that the accident did not arise
• Holliday v. Fulton Band Mill, Inc.
  142 F.2d 1006· 5th Cir.· 1944-06-07 ·cited 6×
  The dissenting judge believes the case should have been submitted to a jury.
• Townsend v. Postashnick
  414 F.2d 64· 6th Cir.· 1969-07-23 ·cited 4×
  The court held that the trial court committed reversible error by refusing to instruct the jury that the foreman's negligence in parking the truck was not imputable to the deceased employee.
• Edwards v. Ritchie
  173 So. 2d 497· Fla. 2d DCA· 1965-03-17 ·cited 4×
  An employee of a general contractor sued a subcontractor for negligence after being injured by a falling scaffold plank. The court affirmed summary judgment for the defendant, holding that under Florida's Workmen's Compensation Act, when a general contractor and subcontractor wor
• Bastine v. Atl. Coast Line R. Co.
  205 F.2d 457· 5th Cir.· 1953-06-26 ·cited 4×
  The court held that the defenses of assumption of risk and contributory negligence were properly submitted to the jury, and the jury's verdict for the defendant was supported by the evidence.
• Ohlhaver v. Narron
  195 F.2d 676· 4th Cir.· 1952-03-29 ·cited 4×
  A federal court sitting in North Carolina must apply the New York Workmen's Compensation Act to bar a tort action by an employee against a fellow employee when the employee has received benefits under the New York Act, even if the injury occurred in North Carolina.
• R. B. Tyler Co. v. Greenup
  140 F.2d 896· 6th Cir.· 1944-02-25 ·cited 4×
  The court held that the trial court did not err in admitting or excluding evidence, and the jury's verdict was supported by the evidence.
• Gallespie v. Oak Thornton
  95 Fla. 5· Fla.· 1927-07-27 ·cited 4×
  A worker injured when steel pans used as a work platform collapsed sued his employer for negligence. The Florida Supreme Court affirmed the jury verdict for the worker, holding that when an employer directs an employee to use an appliance for a purpose different from its original
• Carnival Corp. v. The HERTZ Corp.
  748 So. 2d 323· Fla. 3d DCA· 1999-12-01 ·cited 2×
  Carnival Corporation appeals a jury verdict finding it liable under respondeat superior for an automobile accident caused by employee Emileth Rodriguez. The court reversed and remanded for a new trial because the jury instruction on scope of employment was confusing, unsupported
• Freddy R. Smith v. Ryder Truck Rentals, Inc.
  176 So. 2d 599· Fla. 3d DCA· 1965-06-30 ·cited 2×
  The employer's immunity under the Workmen's Compensation Act extends to the employer's lessor, precluding liability under the dangerous instrumentality doctrine.
• Holcombe v. United States
  259 F.2d 505· 4th Cir.· 1958-10-10 ·cited 2×
  The court held that the case should be remanded to the District Court to consider additional grounds for dismissal not previously addressed.