Fellow Servant Rule

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

• Fla. Power & Light Co. v. Price
  170 So. 2d 293· Fla.· 1964-12-21 ·cited 122×
  Florida Power and Light Company challenged a District Court of Appeal decision that reversed a Circuit Court dismissal and imposed liability on the power company under the dangerous instrumentality and inherently dangerous work doctrines for injuries to an independent contractor'
• Crenshaw Bros. Produce Co., Inc. v. Harper
  142 Fla. 27· Fla.· 1940-02-23 ·cited 115×
  The Florida Supreme Court consolidated two tort cases arising from a single incident where a truck driver negligently operated a motor truck into a railroad crossing, injuring a 19-year-old student helper. The Court affirmed judgments for the plaintiffs, holding that the truck dr
• McARTHUR v. Cook
  99 So. 2d 565· Fla.· 1957-12-20 ·cited 95×
  In a personal injury suit arising from a workplace accident at a dairy, the Supreme Court of Florida reversed a jury verdict for the employee-plaintiff and held that under Florida Statutes § 90.08, evidence of a witness's prior criminal conviction is admissible in civil cases to
• Wilson & Toomer Fertilizer Co. v. Lee
  90 Fla. 632· Fla.· 1924-12-04 ·cited 64×
  A widow of a worker killed when a defectively constructed derrick collapsed sued his employer for negligence. The Florida Supreme Court affirmed a jury verdict in the widow's favor, holding that an employee is not charged with assuming risks from defective appliances provided by
• State Farm Fire & Cas. Co. v. Higgins
  788 So. 2d 992· Fla. 4th DCA· 2001-01-03 ·cited 50×
  State Farm sought declaratory relief to determine whether its homeowners insurance policies provided coverage for bodily injury caused by Charles Higgins' conduct. The court held that declaratory judgment actions are proper to resolve insurance coverage disputes involving factual
• Burns v. Hartford Accident & Indem. Co.
  157 So. 2d 84· Fla. 3d DCA· 1963-10-29 ·cited 34×
  A liability insurer cannot use a declaratory judgment action to predetermine a factual issue that is central to a pending negligence action against its insured.
• Sassaman v. Pa. R. Co.
  144 F.2d 950· 3d Cir.· 1944-09-12 ·cited 30×
  A railroad employee traveling to or from work on a pass furnished by the employer is considered a passenger for hire, rendering any liability release on the pass void.
• Boat Dagny, Inc. v. Todd
  224 F.2d 208· 1st Cir.· 1955-06-09 ·cited 24×
  The court held that the master's failure to ensure the restoration of deck lights due to a generator issue was contributory fault, not a complete bar to recovery under the Jones Act, and that the jury was not obligated to accept the defendant's view of the facts regarding the cau
• Kelley v. Summers
  210 F.2d 665· 10th Cir.· 1954-02-23 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying the insurance company's second motions to intervene, and that Kelley remained liable as Wray's employer. The court also affirmed the judgments against Kelley, reduced by the compensation paid.
• Atlanta & Saint Andrews Bay Ry. Co. v. Pittman
  130 Fla. 624· Fla.· 1938-01-14 ·cited 15×
  The Florida Supreme Court reviewed a personal injury case where a railway employee was injured by a steel rail. The court addressed the fellow servant rule, assumption of risk, and the admissibility of mortality tables, ultimately affirming the judgment on the condition of a remi
• The Louisville & Nashville R.R. Co. v. Wade
  46 Fla. 197· Fla.· 1903-06-01 ·cited 14×
  Amanda Wade sued the Louisville & Nashville Railroad Company for damages arising from her husband's death in a collision between a hand car and a locomotive operated by the railroad. The Florida Supreme Court reversed and remanded for a new trial, holding that Wade was a trespass
• State Farm Mut. Auto. Ins. Co. v. Bonwell
  248 F.2d 862· 8th Cir.· 1957-11-05 ·cited 10×
  A federal court has discretion to decline jurisdiction in a declaratory judgment action when a prior state court proceeding involving the same parties and issues is pending and can fully adjudicate the matter.
• Becker v. Waterman S. S. Corp.
  179 F.2d 713· 2d Cir.· 1950-01-27 ·cited 10×
  The court held that the Jones Act abrogates the fellow servant rule and assumption of risk, allowing recovery even if the injured seaman had knowledge of the dangerous condition caused by another crew member's negligence.
• Carey Reed Co. v. McDAVID
  120 F.2d 843· 5th Cir.· 1941-06-16 ·cited 10×
  The court held that the employer is liable for the negligence of a servant tasked with a non-delegable duty to warn, as this negligence is considered the employer's own negligence.
• Doane Agric. Serv., Inc. v. Coleman
  254 F.2d 40· 6th Cir.· 1958-04-04 ·cited 8×
  The court held that the jury was warranted in finding that Doane was under the control of Hughes and thus liable for the negligence of its employees, Guarr and Mitchell, under the doctrine of respondeat superior.
• Tracy v. Terminal R. Ass'n of ST. Louis
  170 F.2d 635· 8th Cir.· 1948-11-09 ·cited 6×
  The court held that excluded evidence and jury selection challenges were either irrelevant to the primary negligence issue or untimely, thus not warranting a new trial or reversal.
• London Guar. & Accident Co., Ltd. v. I. C. Helmly Furniture Co., Inc.
  153 Fla. 453· Fla.· 1943-07-30 ·cited 6×
  London Guarantee & Accident Company appealed a judgment requiring it to contribute to an insurance claim settlement under a pro-rata contribution clause in its liability policy. The Florida Supreme Court upheld the lower court's judgment, holding that disputes over whether an inj
• Edwards v. Steinns
  207 F.2d 734· 4th Cir.· 1953-11-09 ·cited 4×
  The court held that there was no prejudicial error in the admission of testimony regarding medical expenses or compensation, nor in the jury instructions, and affirmed the judgment for the defendant.
• Duncan v. The Great Atl. & Pac. TEA Co., Inc.
  193 So. 2d 458· Fla. 3d DCA· 1966-12-27 ·cited 3×
  The court held that the summary judgment for the employer must be reversed because the trial court did not have the benefit of controlling precedent established in recent cases.
• Bath Mills, Inc. v. Odom
  168 F.2d 38· 4th Cir.· 1948-04-29 ·cited 3×
  An employer electing not to operate under the South Carolina Workmen's Compensation Law cannot assert defenses of contributory negligence, recklessness, or wantonness when sued by an employee for personal injury.
• Alphonso Chinnery v. Gov't OF the Virgin Islands
  865 F.2d 68· 3d Cir.· 1989-01-12 ·cited 2×
  The court held that the Virgin Islands Workmen's Compensation Act's exclusive remedy provision bars an employee's negligence claim against the employer for injuries sustained during employment, even if the injuries resulted from negligent retention of an employee. The court rever
• Pennington v. Serig
  353 So. 2d 107· Fla. 3d DCA· 1977-11-15 ·cited 2×
  This case involves a slip and fall accident where plaintiffs sued school safety supervisors for negligence. The appellate court affirmed the summary judgment in favor of the supervisors, finding them immune from personal liability.
• Tri-City Elec. Co. v. Hudson C. Barrs
  201 So. 2d 265· Fla. 3d DCA· 1967-07-11 ·cited 1×
  The court held that the evidence did not support a finding that the plaintiff was a borrowed servant of the subcontractor, thus the defense was properly struck.
• Louisville & Nashville R.R. Co. v. Brown
  77 Fla. 64· Fla.· 1919-01-22 ·cited 1×
  In this Federal Employers' Liability Act case, the Florida Supreme Court reversed a judgment for an employee injured when an electric cord allegedly caused him to strike his foot with a spark-arrester. The court held that the trial court improperly sustained a demurrer to the def
• Johnson v. Comet Steel Erection, Inc.
  435 So. 2d 908· Fla. 3d DCA· 1983-07-19
  Johnson, an employee of a general contractor, was injured by ordinary negligence of a subcontractor's welder while both worked on the same construction project. The court held that the subcontractor's immunity from suit extends to injuries caused to the general contractor's emplo
• Burger v. Cont'l Nat'l Am. Grp.
  441 F.2d 1293· 6th Cir.· 1971-04-14
  An insurer's duty to defend is determined by the allegations in the injured party's petition, and this rule applies even when determining obligations between two insurers.
• Mickey Lambert v. United States
  438 F.2d 1249· 6th Cir.· 1971-02-12
  The appellate court reversed the district court's judgment, holding that the defense of assumption of risk was available to the government and that the plaintiff had indeed assumed the risk of his injuries. The court also found that the government's negligence in loading the stee
• Osteen v. Brennan
  S.D. Fla.· 1925-06-10
  District court sustained special exceptions to portions of the defendant's answer that were irrelevant to the negligence claim, but overruled other exceptions, holding that admiralty pleadings need not meet strict common law standards.
• Will McGrady v. Charlotte Harbor & N. Ry. Co.
  66 Fla. 486· Fla.· 1913-12-16
  A minor railroad employee sued his employer for injuries caused by a co-employee's negligence in dropping a hand car during loading. The Florida Supreme Court reversed the trial court's dismissal, holding that injuries sustained during the operation of railroad machinery, includi