Non-Delegable Duty

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

• Brien v. 18925 Collins Ave. Corp.
  233 So. 2d 847· Fla. 3d DCA· 1970-04-14 ·cited 37×
  A property owner is not vicariously liable for the negligent acts of an independent contractor's security guard, especially when the owner exercises no supervision or control over the guard.
• Marshall v. OVE Skou Rederi A/S
  378 F.2d 193· 5th Cir.· 1967-05-15 ·cited 37×
  The court held that the unseaworthiness of the ship caused the injury to Marshall.
• Nelson v. United States
  639 F.2d 469· 9th Cir.· 1980-12-01 ·cited 36×
  The United States, as owner of a maritime work site, is not liable for injuries to an independent contractor's employee arising from inherently dangerous work when the contractor is competent and as knowledgeable as the owner regarding safety, absent significant government involv
• Garbincius v. Boston Edison Co.
  621 F.2d 1171· 1st Cir.· 1980-05-28 ·cited 36×
  The court held that the plaintiff had capacity to sue, the admission of certain evidence was harmless error, Edison was entitled to indemnity from Charles, and the comparative negligence calculation was proper.
• Sec. Ins. Co. OF NEW Haven v. Johnson
  276 F.2d 182· 10th Cir.· 1960-02-15 ·cited 36×
  The court held that a general verdict in a prior FELA action does not necessarily establish the railroad's 'active' negligence, thus not precluding a subrogated insurer's indemnity claim against a contractor.
• Vale v. Bonnett
  191 F.2d 334· D.C. Cir.· 1951-06-07 ·cited 36×
  A nunc pro tunc order can cure defects in the entry of judgment for appeal purposes, and summary judgment was improperly granted due to unresolved material factual issues regarding negligence and liability.
• Mortg. Guar. Ins. Corp. v. Stewart
  427 So. 2d 776· Fla. 3d DCA· 1983-02-15 ·cited 35×
  MGIC, a property owner held liable in a wrongful death settlement, sought common law indemnity against Stewart, a real estate agent hired to maintain the property, arguing it was without fault and only vicariously liable due to Stewart's negligence. The court reversed the dismiss
• Bialkowicz v. PAN Am. Condo. NO. 3, Inc.
  215 So. 2d 767· Fla. 3d DCA· 1968-11-12 ·cited 35×
  Property owners sued construction defendants for damage to their residential building caused by pile-driving operations at an adjacent condominium site. The court affirmed the jury's $3,000 verdict finding all three defendants (owner, general contractor, and subcontractor) jointl
• Stead Motors OF Walnut Creek v. Auto. MacHinists Lodge NO. 1173
  886 F.2d 1200· 9th Cir.· 1989-10-06 ·cited 34×
  The court reversed the district court's order vacating the arbitral award because the party seeking to vacate the award failed to demonstrate a well-defined, dominant, and explicit public policy in California grounded in laws and legal precedents.
• MAI KAI, Inc. v. Mary Colucci and her husband
  205 So. 2d 291· Fla.· 1967-11-29 ·cited 34×
  The Florida Supreme Court reversed a judgment against a restaurant owner and architect for injuries caused by a contractor's defective welding work, holding that a property owner's non-delegable duty to maintain safe premises requires proof of negligence or notice of the defect,
• Payne v. The Baltimore & Ohio R.R. Co.
  309 F.2d 546· 6th Cir.· 1962-10-31 ·cited 34×
  A railroad employer has a non-delegable duty to provide a safe workplace for its employees under FELA, and cannot escape liability by contractually shifting maintenance duties to another party.
• CSX Transp., Inc. v. Whittler
  584 So. 2d 579· Fla. 4th DCA· 1991-07-17 ·cited 32×
  CSX Transportation and the City of West Palm Beach appealed a jury verdict awarding damages to Jerry Whittier for injuries sustained when he was struck by a city van while working at a garage. The court affirmed, holding that the city's negligent placement of a dumpster on the pu
• Thorne v. United States
  479 F.2d 804· 9th Cir.· 1973-05-31 ·cited 32×
• Green Springs, Inc. v. Green
  239 So. 2d 264· Fla.· 1970-09-16 ·cited 32×
  The court held that the attractive nuisance doctrine is inapplicable when the injured child is an invitee, and the general principles of ordinary negligence law apply.
• Simpson Timber Co. & Grace Line, Inc. v. Ezra Parks
  390 F.2d 353· 9th Cir.· 1968-02-20 ·cited 32×
• Robichaux v. Kerr McGEE OIL Indus., Inc.
  376 F.2d 447· 5th Cir.· 1967-04-13 ·cited 32×
  The court held that the issue of unseaworthiness was raised by the pleadings and evidence, and the district court should make further findings on this issue.
• Huff v. Matson Navigation Co.
  338 F.2d 205· 9th Cir.· 1964-10-22 ·cited 32×
  The court held that the district court erred by narrowly defining 'ship's gear' and that the issue of whether the unloading apparatus was reasonably fit for its intended purpose remained for determination.
• Cephas E. Sword & Houston Fire & Cas. Ins. Co. v. Gulf OIL Corp.
  251 F.2d 829· 5th Cir.· 1958-01-24 ·cited 32×
  An employer of an independent contractor is not liable for injuries to the contractor's employee caused by a defect in the contractor's equipment, absent actual control or a reserved right of control beyond that necessary for satisfactory completion of the work.
• States S.S. Co. v. United States
  259 F.2d 458· 9th Cir.· 1957-05-31 ·cited 32×
  The court held that the shipowner failed to meet its burden of proving lack of privity or knowledge, and thus was not entitled to limitation of liability due to the unseaworthiness of the vessel caused by the negligence of its managing officers.
• Putnam Lumber Co. v. Berry
  146 Fla. 595· Fla.· 1941-04-15 ·cited 32×
  R.L. Berry sued Putnam Lumber Company, Joe Rauleson, and Dewey Adkinson for personal injuries when a logging rig tree fell on him while loading logs. The Florida Supreme Court affirmed a $12,000 judgment for Berry, holding that an employer remains liable for workplace safety even
• Rooney v. United States
  634 F.2d 1238· 9th Cir.· 1980-12-31 ·cited 31×
  The court held that the administrative claim filed by Rooney was sufficient to confer jurisdiction for claims arising from both his fall and subsequent medical treatment, and that the Government was liable for breaching its nondelegable duty to ensure adequate safety precautions.
• Empire Seafoods, Inc. v. Anderson
  398 F.2d 204· 5th Cir.· 1968-03-18 ·cited 31×
• Woods v. City of Palatka
  63 So. 2d 636· Fla.· 1953-02-27 ·cited 31×
  The Florida Supreme Court held that a municipal charter provision granting the City of Palatka immunity from tort liability for defective sidewalks is unconstitutional because maintaining sidewalks is a proprietary function, not a governmental function, and the state cannot const
• Mo. Pac. R.R. Co. v. Kan. GAS & Elec. Co.
  862 F.2d 796· 10th Cir.· 1988-12-01 ·cited 30×
  The court held that the Industrial Track Agreement clearly obligated KG&E to indemnify MoPac for the employee's injury, that the settlement was reasonable, and that MoPac was entitled to prejudgment interest and attorneys' fees.
• Evans v. Transportacion Maritime Mexicana SS "Campeche"
  639 F.2d 848· 2d Cir.· 1981-01-05 ·cited 30×
  The court held that despite errors in the jury charge, the jury reached the proper result on the facts, and the errors did not affect the outcome.
• Fla. E. Coast Ry. Co. v. United States
  519 F.2d 1184· 5th Cir.· 1975-09-29 ·cited 30×
  The court held that the United States is immune from liability under 33 U.S.C. § 702c for damages arising from a flood control project, and that the district court properly exercised pendent jurisdiction over the railroad's state law claims against the contractor.
• U.S. Sec. Servs. Corp. v. Ramada INN, Inc.
  665 So. 2d 268· Fla. 3d DCA· 1995-11-15 ·cited 29×
  A Florida appellate court reversed a trial court's judgment notwithstanding verdict (JNOV) that absolved Ramada Inn of vicarious liability for a security company's negligence in failing to protect a business invitee from a criminal attack. The court held that even though the secu
• Kelloch v. S & H Subwater Salvage, Inc.
  473 F.2d 767· 5th Cir.· 1973-02-05 ·cited 28×
  The court held that the trial court's apportionment of fault was not clearly erroneous, that Sharecroppers was entitled to indemnification from S & H, and that S & H was entitled to reimbursement from its insurers for damages and attorneys' fees, subject to a limited remand.
• Humble OIL & Ref. Co. v. The TUG Crochet
  422 F.2d 602· 5th Cir.· 1970-02-05 ·cited 28×
  The court held that the tug owner was negligent for grounding its tow on a known wreck outside the channel, and the owner of the sunken barge was liable for failing to remove it, contributing to the collision.
• Clevenger v. Star Fish & Oyster Co., Inc.
  325 F.2d 397· 5th Cir.· 1963-12-06 ·cited 28×
  A shipowner's warranty of seaworthiness extends to the crew's disposition and seamanship, and an assault by a crew member can render the vessel unseaworthy, regardless of the owner's knowledge or the injured party's status.
• Billeci v. United States
  298 F.2d 703· 9th Cir.· 1962-01-18 ·cited 28×
  The court held that a shipowner is not liable for injuries caused by the negligent use of a seaworthy appliance by longshoremen, even if the appliance was temporarily rendered unsafe during the operation.
• Callie Rich v. Ellerman & Bucknall S.S. Co., Ltd.
  278 F.2d 704· 2d Cir.· 1960-05-12 ·cited 28×
  The court held that the jury charge improperly conflated negligence and unseaworthiness claims, and evidentiary rulings unduly restricted plaintiff's proof, requiring reversal.
• Gracyalny v. Westinghouse Elec. Corp.
  723 F.2d 1311· 7th Cir.· 1983-12-15 ·cited 27×
  The court held that the adequacy of the manufacturer's warning and the issue of superseding cause are questions of fact for the jury, not appropriate for summary judgment.
• Sullivan v. Streeter
  485 So. 2d 893· Fla. 4th DCA· 1986-04-02 ·cited 26×
  This case addresses whether corporate officers and executives are entitled to workers' compensation immunity under Florida Statute 440.11(1) when sued by an employee's estate for gross negligence in failing to provide a safe workplace. The court reversed a summary judgment for th
• Morrison Motor Co. & Middlesex Mut. Fire Ins. Co. v. Manheim Servs. Corp.
  346 So. 2d 102· Fla. 2d DCA· 1977-05-18 ·cited 26×
  The court held that neither the driver nor the person arranging transport were employees acting within the scope of their employment, and the auto auction did not owe a non-delegable duty to the third-party victims.
• Pope v. Winter Park Healthcare Grp., Ltd.
  939 So. 2d 185· Fla. 5th DCA· 2006-10-06 ·cited 25×
  The Florida Fifth District Court of Appeal reversed a directed verdict for a hospital in a medical malpractice case, holding that a hospital's express contract with a patient to provide medical treatment creates a nondelegable contractual duty that cannot be discharged merely by
• Lockard v. Mo. Pac. R.R. Co.
  894 F.2d 299· 8th Cir.· 1990-01-19 ·cited 25×
  The court held that pendent party jurisdiction was proper under the Federal Employers' Liability Act (FELA) because the statute does not expressly or implicitly prohibit it, unlike the Federal Tort Claims Act (FTCA).
• Rabon v. Automatic Fasteners, Inc.
  672 F.2d 1231· 5th Cir.· 1982-04-12 ·cited 25×
  The court held that under Florida law, a manufacturer/distributor held liable for negligently performing a nondelegable duty to warn users of a dangerous instrumentality may seek indemnity from an employer who breached its duty to facilitate that warning, even if the employer's b
• Mickey M. Jeffries v. United States
  477 F.2d 52· 9th Cir.· 1973-03-30 ·cited 25×
  The court held that the Government's reservation of a right of inspection, without more, does not impose a legal duty of care to contractor employees, and thus the Good Samaritan Doctrine does not apply.
• Amerocean S.S. Co., Inc. v. Copp
  245 F.2d 291· 9th Cir.· 1957-03-26 ·cited 25×
  A shipowner cannot seek indemnity from a stevedore when both are found to be jointly and concurrently negligent in causing a longshoreman's injury.
• Gen. Portland Land Dev. Co. & Greater Fla. Inv. v. Stevens
  395 So. 2d 1296· Fla. 4th DCA· 1981-04-15 ·cited 24×
  Old Port Cove appealed summary judgment granted in favor of Hembree Masonry on Old Port Cove's indemnity claim arising from a worker injury caused by negligent operation of a buck hoist. The court reversed and remanded, holding that material factual questions remained unresolved
• Phiffer v. Proud Parrot Motor Hotel, Inc.
  648 F.2d 548· 9th Cir.· 1980-11-24 ·cited 24×
  The court held that a prima facie case of racial discrimination under 42 U.S.C. § 1982 was established, and that the discriminatory conduct of a rental agent is attributable to the owner. The court also affirmed compensatory damages but remanded for reconsideration of attorney's
• Rich v. United States Lines, Inc.
  596 F.2d 541· 3d Cir.· 1979-03-06 ·cited 24×
  The court affirmed the judgment notwithstanding the verdict because the plaintiff failed to present evidence on the theories of liability argued to the district court, despite the concurring judge's view that a negligence claim under land-based theories might have been viable.
• COX v. Flota Mercante Grancolombiana
  577 F.2d 798· 2d Cir.· 1978-05-10 ·cited 24×
  The court held that under the 1972 Amendments to the LHWCA, a shipowner is not liable for injuries to a longshoreman resulting from the negligence of the stevedoring company, as the stevedore has exclusive control over the work and the shipowner has no duty to supervise the opera
• Duncan v. ST. Louis-San Francisco Ry. Co.
  480 F.2d 79· 8th Cir.· 1973-05-15 ·cited 24×
  The court held that there was sufficient evidence of the railroad's negligence, that counsel's comments on witness credibility and failure to call witnesses were permissible, and that the jury instructions regarding operating rules, future earnings, and present value were proper.
• Mitchell v. Trawler Racer, Inc.
  265 F.2d 426· 1st Cir.· 1959-04-07 ·cited 24×
  The court held that a shipowner's liability for a temporary condition of unseaworthiness arising during a voyage, without prior notice, requires proof of negligence, not absolute liability.
• Sanderlin v. Old Dominion Stevedoring Corp.
  385 F.2d 79· 4th Cir.· 1967-10-26 ·cited 23×
  A cargo checker, injured by a stevedore's negligent operation of a forklift, may sue the stevedore directly in admiralty for breach of the stevedore's express contractual warranty of safe and workmanlike performance.
• In re William M. Kunstler. In re Barry Nakell. In re Lewis Pitts v. Britt
  914 F.2d 505· 4th Cir.· 1990-10-12 ·cited 22×
  The court held that Rule 11 sanctions can be imposed after a voluntary dismissal under Rule 41(a)(2), and that the attorneys violated Rule 11 by failing to conduct a reasonable inquiry into the facts and law, and by filing the complaint for an improper purpose.
• Edmonds v. Compagnie Generale Transatlantique
  558 F.2d 186· 4th Cir.· 1977-05-06 ·cited 22×
  A vessel owner's liability to an injured longshoreman for negligence under the Longshoremen's Act should be limited to the extent of the vessel's own fault, plus any valid stevedore lien, to avoid disrupting the statutory balance of rights and liabilities.
• Modlin v. Wash. Ave. Food Ctr., Inc.
  178 So. 2d 596· Fla. 3d DCA· 1965-09-28 ·cited 22×
  In this wrongful death case arising from a mezzanine collapse at a grocery store, the Third District Court of Appeal held that a store owner owes a non-delegable duty to keep its premises safe for business invitees, and therefore may be liable for structural defects caused by an