Fellow Servant Doctrine

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

• Elick D. Tittman v. Great N. Ry. Co.
  252 F.2d 793· 9th Cir.· 1958-01-10 ·cited 2×
  The court held that the evidence was insufficient to establish the railroad's negligence or proximate cause, and thus affirmed the dismissal of the plaintiff's FELA claim.
• Baruch v. Sapp
  178 F.2d 382· 4th Cir.· 1949-12-21 ·cited 2×
  The court held that the mechanic and the pilot of the plane were fellow servants as a matter of law under Kansas law, barring recovery for the mechanic's death.
• Ferguson v. Ringsby Truck Line, Inc.
  174 F.2d 744· 10th Cir.· 1949-05-11 ·cited 2×
  The court held that the plaintiff's action arose under the Colorado Employer's Liability Act of 1911, making it subject to the Act's two-year statute of limitations.
• Fruit Growers Express Co. v. Norton
  95 Fla. 429· Fla.· 1928-03-09 ·cited 2×
  The court reversed a personal injury judgment against Fruit Growers Express Company, holding that the company was not engaged in "railroading" as defined by state law. Therefore, the statute imposing a presumption of negligence in hazardous occupations did not apply.
• Carpenter-O'Brien Co. v. Leach
  73 Fla. 82· Fla.· 1917-01-25 ·cited 2×
  Carpenter-O'Brien Company appealed a jury verdict for damages awarded to Leach, an employee injured when a negligently provided prop failed and a vat fell on him during lumber mill operations. The Florida Supreme Court affirmed the judgment, holding that the evidence sufficiently
• City OF Tampa v. Wilton Norris
  101 So. 2d 30· Fla. 2d DCA· 1958-03-07 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence of negligence to go to the jury, as the sudden stop was not shown to be unusual or extraordinary under the circumstances.
• Ener v. Martin
  125 La. 1087· S.D. Fla.· 2019-05-21
  The court held that the fugitive disentitlement doctrine applies, warranting dismissal of the plaintiff's complaint with prejudice.
• Wistar v. Raymond James Fin. Servs., Inc.
  119 La. 25· S.D. Fla.· 2018-12-31
• Indus. Mar. Carriers, LLC v. Dantzler, Inc.
  S.D. Fla.· 2014-10-15
  The court held that a party who honestly sought and reasonably acted upon the advice of counsel in good faith is absolutely privileged, barring claims for wrongful arrest and tortious interference.
• RB Jai Alai, LLC v. Sec'y of the Fla. Dep't of Transp.
  M.D. Fla.· 2014-09-19
  The court held that plaintiffs have standing to bring claims under NEPA and FAHA, but claims challenging the 2004 agency action are barred by the statute of limitations.
• Garland Melton v. Melton Planting Co.
  777 F.2d 237· 5th Cir.· 1985-11-26
  The court held that genuine issues of material fact existed regarding the employer's duty to promulgate rules and its instruction or acquiescence in the use of a dangerous method, precluding summary judgment.
• Chatman v. James H. Drew Shows, Inc.
  465 F.2d 1031· 6th Cir.· 1972-09-06
  The court held that the plaintiff employee was not a servant of the employer at the time of his injury, thus the fellow servant doctrine did not bar his common-law tort claim.
• Cuyler v. Elliott
  182 So. 2d 55· Fla. 4th DCA· 1965-12-27
• Williams v. Duggan
  140 So. 2d 69· Fla. 1st DCA· 1962-03-27
  An injured carpenter filed a workers' compensation claim against his uninsured employers, then abandoned it to pursue a common law negligence action. The court held that by initiating a compensation claim, the plaintiff made an election that precluded him from pursuing a subseque
• Scroggs v. Am. Stove Co.
  142 F.2d 297· 7th Cir.· 1944-05-11
  The court held that there was substantial evidence to support the jury's finding of negligence and that any evidentiary errors were harmless.
• Kendrick v. Ideal Holding Co.
  137 Fla. 600· Fla.· 1939-05-09
  This case concerns whether a farmer transporting laborers is a contract carrier and whether a minor laborer is a fellow servant. The court held that a farmer using his truck for employee transport is not a contract carrier and that a minor laborer, if incapable of appreciating ri
• Sears v. Robinson
  117 Fla. 747· Fla.· 1934-12-26
  The Florida Supreme Court reviewed a personal injury judgment, finding the jury's award excessive given the lack of substantial injury. The court offered the plaintiff the option to accept a reduced judgment or face a new trial.
• Atlantic Coast Line Railroad v. Fogleman
  117 Fla. 334· Fla.· 1934-01-02
  A railroad employee's widow sued Atlantic Coast Line Railroad for the death of her husband, P.C. Fogleman, who was struck and killed by a switching engine at the railroad's Uceta Yards in 1932. The Florida Supreme Court affirmed a $15,000 judgment for the plaintiff, finding the r
• Elec. Equip. Co. v. Cook
  113 Fla. 312· Fla.· 1933-12-19
  Electrical Equipment Co. appeals a judgment awarding $3,000 in damages to Frederick J. Cook for injuries sustained when struck by a cash carrier system while employed as a painter. The Florida Supreme Court affirmed, holding that Cook was not a fellow servant of the clerk operati
• Putnam Lumber Co. v. Tompkins
  112 Fla. 635· Fla.· 1933-11-10
  This case concerns whether an employer can be held liable for injuries to an employee caused by the negligence of a co-worker who was mentally unfit for the job. The court affirmed a jury verdict for the injured employee, finding sufficient evidence that the employer knew or shou
• Porter v. Sprague
  99 Fla. 371· Fla.· 1930-02-15
  The Florida Supreme Court reversed a judgment for Frank E. Sprague against Porter Constructors because the plaintiff's declaration failed to state a valid cause of action under the fellow servant doctrine. The declaration alleged negligent injury by coworkers but did not allege t