Non-Delegable Duty

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

• Ancata v. Prison Health Servs., Inc.
  769 F.2d 700· 11th Cir.· 1985-08-26 ·cited 257×
  The court held that the complaint sufficiently alleged a claim of deliberate indifference to serious medical needs against the medical defendants and that dismissal of claims against the non-medical defendants based solely on respondeat superior was improper, reversing the distri
• Susco CAR Rental Sys. OF Fla. v. Leonard
  112 So. 2d 832· Fla.· 1959-05-08 ·cited 143×
  Susco Car Rental System sued for damages arising from an accident involving a rental car driven by an unauthorized third party. The Florida Supreme Court affirmed that a car rental company cannot escape liability for injuries caused by operation of a dangerous instrumentality (mo
• Streeter v. Sullivan
  509 So. 2d 268· Fla.· 1987-05-21 ·cited 141×
  The Florida Supreme Court held that corporate officers and executives are "employees" under Florida's Workers' Compensation Act and can be held liable to fellow employees for acts of gross negligence, regardless of whether those acts involve an affirmative act beyond the employer
• 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'
• Atl. Coast Dev. Corp. v. Napoleon Steel Contractors, Inc.
  385 So. 2d 676· Fla. 3d DCA· 1980-06-10 ·cited 118×
  Atlantic Coast Development Corporation appeals a judgment awarding common law indemnity to Nelacar and Napoleon Steel Contractors following a wrongful death settlement. The court addresses whether a party owing a nondelegable duty (operating a crane on a construction site) can de
• 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
• Allen v. Seacoast Prods., Inc.
  623 F.2d 355· 5th Cir.· 1980-08-06 ·cited 110×
  The court held that the trial court properly directed a verdict on liability for the seaman's injuries due to unseaworthiness and Jones Act negligence, and that the damage award was not excessive.
• GAY v. Ocean Transp. & Trading, Ltd.
  546 F.2d 1233· 5th Cir.· 1977-02-11 ·cited 110×
  Vessels are liable under the LHWCA only for their own negligence, guided by land-based tort principles, not for unseaworthiness or the negligence of stevedores. The obviousness of a danger does not automatically absolve a vessel of duty, but the stevedore's negligence can be the
• Carrie v. Jones
  861 F.2d 655· 11th Cir.· 1988-12-08 ·cited 108×
  The court affirmed the jury verdict, holding that the trial court did not err in admitting expert testimony, instructing on the missing witness inference, or admitting maintenance reports, and that any error in the negligence per se instruction was harmless.
• Villazon v. Prudential Health Care Plan, Inc.
  843 So. 2d 842· Fla.· 2003-03-27 ·cited 104×
  The Florida Supreme Court resolved a conflict between district court decisions regarding whether ERISA preempts state law vicarious liability claims against HMOs for medical malpractice by their member physicians. The Court held that ERISA does not preempt such claims and that su
• Webb v. Priest
  413 So. 2d 43· Fla. 3d DCA· 1982-03-09 ·cited 81×
  Webb appealed from jury verdicts in favor of defendants in a medical malpractice action arising from misdiagnosis and surgical complications. The Third District Court of Appeal reversed and remanded for a new trial, finding multiple trial errors including improper discovery restr
• Nichimen Co., Inc. v. Farland
  462 F.2d 319· 2d Cir.· 1972-05-12 ·cited 81×
  The court held that the Carriage of Goods by Sea Act (COGSA) applied, and that the defendants failed to prove freedom from negligence in the stowage of the cargo. However, the court reduced the judgment by the $500 per package limitation under COGSA.
• The Conservation Soc'y OF S. Vt., Inc. v. Sec'y OF Transp.
  508 F.2d 927· 2d Cir.· 1974-12-11 ·cited 80×
  The National Environmental Policy Act requires the responsible federal agency, not a state agency, to prepare its own environmental impact statement for federally funded projects. A district court has discretion to deny an injunction for NEPA violations if strong equities favor t
• AETNA Cas. & Sur. Co. v. Huntington Nat'l Bank
  609 So. 2d 1315· Fla.· 1992-12-17 ·cited 74×
  The Florida Supreme Court held that section 324.021(9)(b) exempts lessors from liability under the dangerous instrumentality doctrine for any motor vehicle lease lasting one year or longer with adequate insurance, regardless of whether the lease is a financing substitute. The cou
• Lusich v. Bloomfield S.S. Co.
  355 F.2d 770· 5th Cir.· 1966-01-24 ·cited 74×
  The court held that withdrawing the negligence theory from the jury was reversible error, and that the shipowner was entitled to a new trial on its third-party indemnity claim.
• Rios v. Empresas Lineas Maritimas Argentinas
  575 F.2d 986· 1st Cir.· 1978-05-15 ·cited 72×
  The court affirmed the denial of the defendant's motions for judgment n.o.v. and a new trial, upholding the jury's verdict.
• United States v. Delora Huff Page
  350 F.2d 28· 10th Cir.· 1965-08-18 ·cited 72×
  The United States is not liable under the Federal Tort Claims Act for the negligence of an independent contractor, even if the government retained rights to inspect or supervise, or if the work was inherently dangerous.
• Barnes v. Costle
  561 F.2d 983· D.C. Cir.· 1977-07-27 ·cited 69×
  The court held that conditioning employment benefits upon an employee's submission to a supervisor's sexual demands constitutes sex discrimination under Title VII, even if gender is not the sole factor.
• In re the Complaint of Dearborn Marine Serv., Inc. v. Chambers & Kennedy
  499 F.2d 263· 5th Cir.· 1974-08-22 ·cited 65×
  The court held that the Outer Continental Shelf Lands Act, as interpreted by Rodrigue, applies state law to platform-related accidents, meaning Texas's contributory negligence rule bars recovery for Monk's death claim against platform defendants. However, Monk's claim against the
• Dixon v. United States
  219 F.2d 10· 2d Cir.· 1955-02-07 ·cited 64×
  The court held that the issue of whether the shipowner was negligent in repairing the ladder was not adequately determined by the lower court, requiring remand. It also affirmed that assumption of risk is not a defense for seamen and questioned whether contributory negligence app
• Hurst v. Triad Shipping Co. (D.C. Civil Action No. 74-1143)
  554 F.2d 1237· 3d Cir.· 1977-04-25 ·cited 61×
  The court held that amended section 905(b) of the Longshoremen's and Harbor Workers' Compensation Act is constitutional and that land-based negligence principles, not maritime non-delegable duties, apply to shipowner liability.
• Klaus Roessler v. Russell W. Novak, M.D.
  858 So. 2d 1158· Fla. 2d DCA· 2003-11-07 ·cited 59×
  Klaus Roessler appeals a summary judgment dismissing his vicarious liability claim against Sarasota Memorial Hospital for alleged negligent misinterpretation of abdominal scans by radiologist Dr. Lichtenstein. The court reversed, holding that genuine issues of material fact exist
• Doca v. Marina Mercante Nicara-Guense, S.A.
  634 F.2d 30· 2d Cir.· 1980-10-01 ·cited 59×
  The court held that inflation should be considered when calculating awards for lost future wages, and suggested a 2% discount rate as a fair starting point. It also affirmed liability findings but remanded for redetermination of damages.
• Irving v. Doctors Hosp. OF Lake Worth, Inc.
  415 So. 2d 55· Fla. 4th DCA· 1982-06-02 ·cited 57×
  A mother sued a hospital for negligent diagnosis and treatment of her daughter's meningitis in the emergency room. The jury found no liability based on the physician being an independent contractor rather than an employee. The appellate court reversed, holding that the trial cour
• Complaint of TUG Ocean Prince, Inc. v. United States
  584 F.2d 1151· 2d Cir.· 1978-08-07 ·cited 57×
  The court held that the owner of the tug and barge (Red Star) was not entitled to limit its liability because the casualty occurred due to negligence and unseaworthiness within the privity and knowledge of Red Star's management.
• Thompson v. Calmar S.S. Corp.
  331 F.2d 657· 3d Cir.· 1964-04-15 ·cited 56×
• Curtis v. CIA.
  241 F.2d 30· 3d Cir.· 1957-01-21 ·cited 56×
  The court held that a wrongful death claim based on a state statute is governed by that state's law, including its contributory negligence rules, while a survival claim based on a maritime tort continues the decedent's maritime right of action, subject to maritime comparative neg
• Parsons v. Amerada Hess Corp.
  422 F.2d 610· 10th Cir.· 1970-02-27 ·cited 53×
  The court held that summary judgment was improper because genuine issues of material fact existed regarding the decedent's knowledge and appreciation of the specific dangers of hydrogen sulfide, and the applicability of Restatement (Second) of Torts § 343 principles.
• Mills v. Otto Krauss
  114 So. 2d 817· Fla. 2d DCA· 1959-09-23 ·cited 53×
  A general contractor hired to renovate a hotel subcontracted roofing work to an independent contractor whose negligence caused water damage. The court held that a general contractor's contractual duty to perform repairs with due care is nondelegable, making the contractor liable
• Wetherbee v. Elgin
  191 F.2d 302· 7th Cir.· 1951-05-23 ·cited 52×
  The court held that the jury's verdict was arbitrary and capricious due to a failure to diminish damages for contributory negligence and that the actuary's calculations for damages were improperly admitted.
• Quinnelly v. S. Maid Syrup Co., Inc.
  164 So. 2d 240· Fla. 2d DCA· 1964-04-15 ·cited 51×
  The court reviewed a dismissal of a complaint alleging a landowner's negligence in failing to provide a safe place to work for an employee of an independent contractor due to energized high-voltage wires on a construction site.
• Anuszewski v. Dynamic Mariners Corp.
  540 F.2d 757· 4th Cir.· 1976-09-08 ·cited 50×
  The court held that the 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act require land-based principles of tort law to apply to longshoremen's claims against vessels, eliminating the unseaworthiness remedy.
• Nazareth v. Herndon Ambulance Serv., Inc.
  467 So. 2d 1076· Fla. 5th DCA· 1985-04-25 ·cited 49×
  Ruth Ann Nazareth appeals a summary judgment dismissing her claims against Herndon Ambulance Service for sexual assault by an employee during transport. The Fifth District Court of Appeal reversed, holding that ambulance services are common carriers owed to impose vicarious liabi
• Tenn. Valley Sand & Gravel Co. v. M/V Delta
  598 F.2d 930· 5th Cir.· 1979-07-11 ·cited 49×
• Brown v. Ivarans Rederi A/S
  545 F.2d 854· 3d Cir.· 1976-11-04 ·cited 48×
  The court held that the trial court erred in instructing the jury based on Restatement (Second) of Torts § 416, as it imposes vicarious liability inconsistent with the negligence remedy created by § 905(b) of the Longshoremen's and Harbor Workers' Compensation Act.
• Palazzolo v. Pan-Atlantic S. S. Corp.
  211 F.2d 277· 2d Cir.· 1954-03-25 ·cited 48×
  The shipowner is liable for injuries to a stevedore caused by improper stowage, but is entitled to indemnity from the stevedoring company whose negligence was the primary cause of the accident.
• Coudry v. City OF Titusville
  438 So. 2d 197· Fla. 5th DCA· 1983-10-06 ·cited 46×
  The Coudrys appealed a summary judgment dismissing their negligence suit against the City of Titusville for injuries caused when their vehicle struck a ditch created by the city's independent contractor during street improvement work. The court held that a city is not liable for
• Marr v. Rife
  503 F.2d 735· 6th Cir.· 1974-09-26 ·cited 46×
  The court held that federal law, not state law, governs vicarious liability under the Fair Housing Act, and that the District Court should clarify its reasoning for the awards of compensatory damages, costs, and attorney fees.
• Ballwanz v. Isthmian Lines, Inc.
  319 F.2d 457· 4th Cir.· 1963-06-05 ·cited 46×
  The court held that the jury's findings were inconsistent and the trial court erred in entering judgment for the defendant, as the ship owner's negligence, if any, was a proximate cause of the injury, and the jury instructions improperly diluted the doctrine of seaworthiness.
• Baysal D. Riddle v. Exxon Transp. Co.
  563 F.2d 1103· 4th Cir.· 1977-09-27 ·cited 44×
• Fernandez v. Chios Shipping Co., Ltd.
  542 F.2d 145· 2d Cir.· 1976-09-16 ·cited 44×
  The court held that the Stevedore breached its warranty of workmanlike performance, the Time Charterer was contractually obligated to indemnify the Shipowner, and the Shipper was liable for negligence and latent defect in the pallet. All indemnity awards were affirmed.
• Read v. United States
  201 F.2d 758· 3d Cir.· 1953-02-04 ·cited 44×
  The court held that the shipowner's liability for unseaworthiness could not be delegated, and the contractor's breach of its duty to provide adequate lighting and safeguards entitled the shipowner to indemnity.
• Augustus Chavis v. Finnlines Ltd.
  576 F.2d 1072· 4th Cir.· 1978-05-22 ·cited 40×
  The court held that the jury instructions, taken as a whole, fairly and adequately stated the pertinent legal principles, and that the trial court did not err in refusing to give certain requested instructions.
• 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.
• Pearson v. Harris
  449 So. 2d 339· Fla. 1st DCA· 1984-03-30 ·cited 39×
  Pearson, an employee of an independent contractor hired to install an antenna on a television tower, was injured when he fell while descending a ladder after hearing what he believed to be gunfire. He sued the tower owner Rustcraft, the lessee Gencom, and the insurer Western, cla
• Emelwon, Inc. v. United States
  391 F.2d 9· 5th Cir.· 1968-02-20 ·cited 39×
  The court held that the district court erred in directing a verdict for the United States because Florida law provides two theories under which the United States could be liable for the actions of an independent contractor: knowledge of a dangerous condition created by the contra
• Easton v. Weir
  125 So. 2d 115· Fla. 2d DCA· 1960-12-14 ·cited 39×
  A furniture store tenant sued his landlord for damages caused by rain entering a building during roof repairs performed by an independent contractor hired by the landlord. The court held that when a landlord voluntarily undertakes repairs, even gratuitously, he cannot escape liab
• United States v. Dane
  570 F.2d 840· 9th Cir.· 1977-12-02 ·cited 38×
  The court held that a sentencing judge has discretion to revoke probation even if the defendant has violated no condition or committed no illegal acts, based on 'prior fair warning'.
• Armiger v. Associated Outdoor Clubs, Inc.
  48 So. 3d 864· Fla. 2d DCA· 2010-10-01 ·cited 37×
  Armiger sued Associated Outdoor Clubs for injuries from a slip-and-fall at a greyhound track that Associated had contracted to Clean Sweep Supply to maintain. The trial court granted summary judgment for Associated, reasoning that Armiger's complaint alleged only 'active negligen
• Dillon v. Afbic Dev. Corp.
  597 F.2d 556· 5th Cir.· 1979-06-21 ·cited 37×
  The court held that real estate agents and their employees who knowingly participate in or facilitate racially motivated refusals to sell property are liable under the Fair Housing Act and 42 U.S.C. § 1982, even if the ultimate seller is not liable.