Imputed Knowledge

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

• DAY & Zimmermann, Inc. v. Reid
  168 F.2d 356· 8th Cir.· 1948-05-25 ·cited 17×
  The court held that a defendant's failure to object to an employee's classification by a government agency does not constitute good faith reliance on an administrative interpretation under the Portal-to-Portal Act, absent evidence the agency knew the employee's actual duties.
• The Resort OF Indian Spring, Inc. v. The Indian Spring Country Club, Inc.
  747 So. 2d 974· Fla. 4th DCA· 1999-10-06 ·cited 16×
  The Resort of Indian Spring, Inc. sought reformation of a 1988 deed to eliminate an executive office parcel it claimed was included by mutual mistake. The trial court found no mutual mistake occurred and denied reformation. The appellate court affirmed, holding that the trial cou
• Stone v. Robert Rosenthal, M.D.
  665 So. 2d 276· Fla. 4th DCA· 1995-11-22 ·cited 16×
  A widow and personal representative of a deceased patient's estate sued physicians for wrongful death based on alleged medical malpractice. The trial court granted summary judgment for the defendants based on the two-year statute of limitations for medical malpractice, but the ap
• Tew v. Chase Manhattan Bank, N.A.
  728 F. Supp. 1551· S.D. Fla.· 1990-01-22 ·cited 16×
  The court held that the adverse interest exception bars the bank's defenses and counterclaims based on the misconduct of E.S.M. principals, and that the bank's counterclaims for attorneys' fees were improper.
• United States v. Buchanan
  891 F.2d 1436· 10th Cir.· 1989-12-12 ·cited 16×
  The court held that the undisclosed personal relationship between a government investigator and a key witness was not material under Brady v. Maryland because it did not create a reasonable doubt as to the defendant's guilt, and therefore, the district court erred in granting a n
• United States v. Tavoularis
  515 F.2d 1070· 2d Cir.· 1975-05-06 ·cited 16×
  The court held that the government failed to prove beyond a reasonable doubt that the defendants knew the Treasury bills were stolen from a bank, an essential element of the crime charged.
• Atl. Coast Line R.R. Co. v. Mrs. Elizabeth Frances Futch
  263 F.2d 701· 5th Cir.· 1958-12-30 ·cited 16×
  The court held that the jury should have been allowed to determine whether the railroad employees were negligent in operating the train at excessive speed through a community where pedestrians might be expected.
• Navigazione Alta Italia v. Columbia Cas. Co.
  256 F.2d 26· 5th Cir.· 1958-05-21 ·cited 16×
  An insured's complete failure to provide notice of an accident or suit, even if due to ignorance of the policy's existence, constitutes a material breach of the policy conditions, barring recovery.
• Kermarec v. Compagnie Generale Transatlantique
  245 F.2d 175· 2d Cir.· 1957-05-21 ·cited 16×
  The court held that federal maritime law applies and the plaintiff was an invitee, entitling him to a higher duty of care from the shipowner.
• United States v. Kiefer
  228 F.2d 448· D.C. Cir.· 1955-08-18 ·cited 16×
  The court held that disclosing a Veterans Administration claim number does not automatically impute knowledge of the file's contents to the insurance service, thus not precluding a fraud defense based on false representations in a reinstatement application.
• Solar Pane Insulating Glass, Inc. v. Hanssen
  727 So. 2d 961· Fla. 1st DCA· 1998-11-30 ·cited 15×
  Solar Pane Insulating Glass, Inc. and its claims administrator appealed a workers' compensation order awarding medical benefits to Bradley Hanssen for a 1985 back injury, despite a nearly nine-year gap in treatment requests. The court reversed, holding that the two-year statute o
• Brent v. Smathers
  547 So. 2d 683· Fla. 3d DCA· 1989-07-25 ·cited 15×
  Maxine Brent, a cotrustee and beneficiary of her deceased husband's trust, sued cotrustee George Smathers for breach of fiduciary duty and other beneficiaries for unjust enrichment, claiming she received less than her proper share due to misallocation of capital gains taxes. The
• Stanley Frankowitz, D.O., & Sunrise Med. Grp., P.A. v. Propst
  489 So. 2d 51· Fla. 4th DCA· 1986-03-05 ·cited 15×
  Dr. Frankowitz challenged the denial of his motion for directed verdict in a medical malpractice case where he was added as a defendant through an amended complaint filed after the statute of limitations had run. The court reversed, holding that the amended complaint stating a cl
• Jackson v. The Prudential Ins. Co. OF Am.
  736 F.2d 450· 8th Cir.· 1984-05-31 ·cited 15×
  The court held that there was sufficient evidence to support the jury's verdict that the insurance agent's knowledge of the applicant's medical condition was imputed to the insurance company, and thus the company could not deny coverage based on misrepresentation.
• Citizens Fed. Sav. & Loan Ass'n OF ST. Lucie Cnty. v. Loeb Rhoades
  473 So. 2d 679· Fla. 4th DCA· 1984-05-09 ·cited 15×
  Citizens Federal Savings & Loan Association appealed a trial court judgment that awarded damages to both Citizens against Loeb Rhoades and to Loeb Rhoades on its counterclaim, along with attorneys' fees to both parties. The Fourth District Court of Appeal reversed the award of at
• AETNA Ins. Co. v. Loveland GAS & Elec. Co.
  369 F.2d 648· 6th Cir.· 1966-12-08 ·cited 15×
  The court held that the tenant's actions in opening the valve and allowing gas to escape constituted an efficient intervening cause, breaking the chain of causation and absolving the Gas Company of liability.
• Bacelli v. MFP, Inc.
  729 F. Supp. 2d 1328· M.D. Fla.· 2010-07-28 ·cited 14×
  The court held that a debt collector's reliance on a creditor for bankruptcy information is unreasonable without an agreement or evidence of effectiveness, and that the Bankruptcy Code does not preempt FDCPA claims arising from violations of the automatic stay or discharge injunc
• Russo v. Barge 266 & Brown & Root U.S.A., Inc.
  915 F.2d 1007· 5th Cir.· 1990-10-30 ·cited 14×
  The court held that the longshoreman presented sufficient evidence to allow a jury to decide both his status as a ship repairer and the negligence of his employer, thus reversing the directed verdict.
• Midamerica Fed. Sav. & Loan Ass'n v. Shearson/American Express Inc.
  886 F.2d 1249· 10th Cir.· 1989-09-28 ·cited 14×
  The court held that the defendants breached their fiduciary duty and violated Oklahoma securities law because they induced the purchase of securities through material omissions, and the plaintiff's lack of actual knowledge of these omissions was sufficient to establish liability.
• J.I. Case Credit Corp. v. Crites
  851 F.2d 309· 10th Cir.· 1988-07-01 ·cited 14×
  The court held that the execution of an extension agreement with the original debtor, even with knowledge of a prior unauthorized sale of collateral, does not constitute implied authorization, ratification, waiver, or estoppel, and thus the secured party retains its security inte
• The Charles Stores, Inc. v. AETNA Ins. Co.
  490 F.2d 64· 5th Cir.· 1974-02-20 ·cited 14×
  The court held that the insurers were not entitled to a directed verdict or judgment notwithstanding the verdict based on the protective safeguard provision, increased hazard, or fraud/false swearing, and affirmed the jury's verdict for the insured.
• United States Fid. & Guar. Co. v. State OF Okla. ex rel. Carl B. Sebring
  383 F.2d 417· 10th Cir.· 1967-10-13 ·cited 14×
  The court held that the bonding company could not avoid liability based on the bank president's dishonesty because a specific clause in the bond application excluded imputation of the signatory officer's knowledge of his own acts unknown to the bank.
• Winn-Dixie Stores, Inc. v. Manning
  143 So. 2d 339· Fla. 2d DCA· 1962-07-11 ·cited 14×
  In this slip-and-fall negligence case, Winn-Dixie appeals a jury verdict awarding damages to a customer who fell on a grape in the store. The court reverses, holding that plaintiff failed to present sufficient evidence that the store's operational procedures caused the grapes to
• Flowers v. Louisville & Nashville R.R. Co.
  55 Fla. 603· Fla.· 1908-01-01 ·cited 14×
  The Florida Supreme Court reversed a circuit court's dismissal of a negligence complaint filed by an inexperienced railroad employee injured by a dangerous change to machinery. The court held that an inexperienced servant cannot be charged with assuming risks from hidden or unobs
• Reynolds v. The Fla. Cent. & Peninsula R.R. Co.
  42 Fla. 387· Fla.· 1900-06-01 ·cited 14×
  The Florida Supreme Court reversed a lower court decree that had enjoined tax collection against the Florida Central and Peninsular Railroad Company for years 1879-1881. The Court held that the railroad failed to demonstrate reasonable diligence in discovering allegedly new evide
• Rashawn Clark v. State
  236 So. 3d 481· Fla. 4th DCA· 2018-01-10 ·cited 13×
  Where a defendant claims trial counsel failed to convey a favorable plea offer and alleges the offer was newly discovered, the trial court must hold an evidentiary hearing or attach record portions conclusively showing the newly discovered fact exception does not apply; trial cou
• Agriturf Mgmt., Inc. v. ROE
  656 So. 2d 954· Fla. 2d DCA· 1995-06-23 ·cited 13×
  An employer is not vicariously liable for an employee's sexual assault of a child if the assault was not committed in furtherance of the employer's business objectives.
• United Feature Syndicate, Inc. v. Sunrise Mold Co.
  569 F. Supp. 1475· S.D. Fla.· 1983-08-29 ·cited 13×
  The court held that defendants willfully infringed plaintiff's copyrights by manufacturing and selling unauthorized PEANUTS character molds, and were liable for statutory damages, attorney fees, costs, and punitive damages.
• Delbrueck & Co. v. Mfrs. Hanover Tr. Co.
  609 F.2d 1047· 2d Cir.· 1979-11-02 ·cited 13×
  The court held that electronic funds transfers made via the CHIPS system were irrevocable at the time of transfer, even if final settlement occurred later.
• Jack Eckerd Corp. v. Smith
  558 So. 2d 1060· Fla. 1st DCA· 1990-03-09 ·cited 12×
  Jack Eckerd Corporation appeals a judgment awarding Delores Smith compensatory and punitive damages for false imprisonment and malicious prosecution arising from a disputed shoplifting incident. The appellate court affirmed the compensatory damages but reversed the punitive damag
• Tel. Util. Terminal Co., Inc. v. EMC Indus., Inc.
  404 So. 2d 183· Fla. 5th DCA· 1981-09-30 ·cited 12×
  The court held that summary judgment was improper without production of the original notes and without proper service of the summary judgment motion on all defendants, including the corporation.
• Equilease Corp. v. Smith Int'l, Inc.
  588 F.2d 919· 5th Cir.· 1979-01-29 ·cited 12×
  The court held that even if Louisiana law recognizes negligent ignorance as a basis for liability, it does not apply in this case because Drilco lacked the means to discover the fraud despite suspicious circumstances.
• John Deere Indus. Equip. Co. v. Roberts
  362 So. 2d 65· Fla. 1st DCA· 1978-08-09 ·cited 12×
  John Deere and its credit life insurer Sierra General appealed summary judgments against them, claiming the Roberts were not entitled to credit life insurance coverage following C. W. Roberts Jr.'s death. The court reversed, holding that only the actual signer of the contract (Ch
• Dickson v. Graham-Jones Paper Co.
  84 So. 2d 309· Fla.· 1955-12-14 ·cited 12×
  A corporation was sued for negligence after its branch manager kept a fighting cock on company premises that attacked a business invitee. The Florida Supreme Court affirmed dismissal of the complaint, holding that a corporation cannot be held liable for an employee's personal act
• Cornelia ANN Fowler and Trustee under the last will and testament of John A. Cunningham v. Augustus G. Hartridge
  156 Fla. 585· Fla.· 1945-11-27 ·cited 12×
  The Florida Supreme Court held that a creditor's claim against a deceased's estate was barred by the statute of non-claim despite the creditor's knowledge of the lessee's death and eleven-year delay in asserting the claim. The court rejected arguments that the executrix waived th
• Atlantic Masonry v. Miller Constr.
  558 So. 2d 433· Fla. 1st DCA· 1990-02-09 ·cited 11×
  Liberty Mutual erroneously issued a renewal workers' compensation policy to Atlantic Masonry after canceling coverage for nonpayment. Atlantic fraudulently presented this policy to Miller Construction as proof of active coverage. When an Atlantic employee was injured, Miller's ca
• Telum, Inc. v. E.F. Hutton Credit Corp.
  859 F.2d 835· 10th Cir.· 1988-10-14 ·cited 11×
  The court held that general allegations of fraud in the inducement do not invalidate a contractual jury waiver provision, and that the exclusion of evidence regarding a potential joint venture was an abuse of discretion.
• Grand Union Co. v. United States
  696 F.2d 888· 11th Cir.· 1983-01-24 ·cited 11×
  The dissenting judge believes the majority erred in imputing employee knowledge to the corporation under the False Claims Act, arguing the government failed to prove the requisite 'guilty knowledge' or intent to defraud.
• Inestin Petit-Homme v. State
  205 So. 3d 848· Fla. 4th DCA· 2016-11-23 ·cited 10×
  Inestin Petit-Homme, convicted of armed kidnapping in 1999, appealed a summary denial of postconviction relief claiming his trial counsel failed to inform him of a plea offer. The court affirmed the denial of the first ground but reversed and remanded the second ground, finding t
• MacKey v. State
  55 So. 3d 606· Fla. 4th DCA· 2011-01-19 ·cited 10×
  Leroy Mackey appeals his first-degree murder conviction on three grounds: denial of a motion in limine regarding ballistics evidence, overruling of an objection to prosecutorial rebuttal argument, and denial of a motion for new trial based on alleged prosecutorial misconduct. The
• Yang Enters., Inc. v. Mavis Georgalis
  988 So. 2d 1180· Fla. 1st DCA· 2008-08-07 ·cited 10×
  Yang Enterprises and its principals sought a writ of certiorari to disqualify opposing counsel at Broad and Cassel law firm, claiming a conflict of interest because the firm had previously represented them in estate planning. The court affirmed the trial court's denial of the dis
• Griffin v. State
  598 So. 2d 254· Fla. 1st DCA· 1992-05-11 ·cited 10×
  The trial court erred in denying the appellant's motion for a continuance when the state's late disclosure of a key eyewitness prejudiced the appellant's ability to prepare an adequate defense.
• Crist v. Dickson Welding, Inc.
  957 F.2d 1281· 5th Cir.· 1992-04-10 ·cited 10×
  The court held that the jury instructions on reasonable reliance were erroneous because they failed to consider the knowledge of Dickson Welding's agent, Maddox, and that Dickson Welding failed to preserve its appeal of the dismissal of its third-party claim against A&A.
• J.B. Haralson v. The E.F. Hutton Grp., Inc.
  919 F.2d 1014· 5th Cir.· 1990-12-26 ·cited 10×
  The court held that while summary judgment was appropriate for some claims, triable issues of fact remained regarding certain securities fraud, breach of contract, tortious interference, and civil conspiracy claims, requiring reversal and remand.
• Olave v. Howard
  547 So. 2d 349· Fla. 3d DCA· 1989-08-15 ·cited 10×
  Plaintiff sued landlords for common law liability after being bitten by a dog that escaped from their tenant's yard. The trial court granted summary judgment for the landlords, and the appellate court affirmed, holding that a landlord is not liable for injuries caused by a tenant
• Levin v. Berley
  728 F.2d 551· 1st Cir.· 1984-02-24 ·cited 10×
  The court held that the malpractice claim was barred by the statute of limitations because the plaintiff knew or should have known of the harm more than three years prior to filing suit. The court also held that the plaintiff lacked individual standing for his Chapter 93A claim.
• Nat'l Labor Relations Bd. v. Local Union NO. 46
  727 F.2d 234· 2d Cir.· 1984-01-31 ·cited 10×
  The court should have enforced the Board's order finding the successor International Union (Carpenters) guilty of an unfair labor practice and secondarily liable.
• United Indus. Syndicate, Inc. v. W. Auto Supply Co.
  686 F.2d 1312· 8th Cir.· 1982-08-26 ·cited 10×
  The court held that the oral agreement for six months' notice before termination was not barred by the UCC statute of frauds and that fraud claims based on affirmative conduct and nondisclosure presented jury questions.
• Fleming v. United States
  648 F.2d 1122· 7th Cir.· 1981-05-18 ·cited 10×
  The court agrees with the majority opinion, emphasizing that the government is entitled to the statutory penalty for late filing.
• Gerry Pearce v. Gen. Am. Life Ins. Co.
  637 F.2d 536· 8th Cir.· 1980-12-10 ·cited 10×
  The court held that the insurer's payment of the disability claim was timely and reasonable, but remanded for a determination of whether premiums were improperly deducted and forwarded after the insured became disabled, and for a decision on the fraud claim related to those premi