Non-Delegable Duty

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

• United States v. Armour & Co.
  168 F.2d 342· 3d Cir.· 1948-04-26 ·cited 22×
  A corporation can be held criminally liable for the willful violations of regulations by its employees acting within the scope of their employment, even if the corporation had instructed against such violations.
• Williams v. Gaffin Indus. Servs., Inc.
  88 So. 3d 1027· Fla. 2d DCA· 2012-05-25 ·cited 21×
  The court held that a trial court erred in dismissing a complaint with prejudice based on matters outside the complaint and that the plaintiff had an absolute right to amend the complaint once before a responsive pleading was filed.
• Fla. Dep't OF Natural Res. v. Garcia
  753 So. 2d 72· Fla.· 2000-02-10 ·cited 21×
  The Florida Supreme Court addressed whether the state owed a duty of care to swimmers at South Beach despite never formally designating it as a public swimming area. The Court held that formal designation is not required; instead, liability depends on whether the government entit
• E.J. Strickland Constr., Inc. v. Dep't OF Agric. & Consumer Servs. OF Fla.
  515 So. 2d 1331· Fla. 5th DCA· 1987-11-19 ·cited 21×
  E.J. Strickland Construction appeals a summary judgment dismissing its negligence and conversion claims against the Department of Agriculture and Orange County Sheriff's Department for seizing and selling Strickland's tractor. The court reversed, holding that sovereign immunity d
• Alexander v. United States
  605 F.2d 828· 5th Cir.· 1979-10-31 ·cited 21×
  The United States is not liable under the FTCA for the death of an independent contractor's employee when the accident was solely caused by the employee's own negligence in failing to follow safety procedures, and the government's oversight did not constitute day-to-day control o
• Est. OF Reinaldo Villanueva v. Youngblood
  927 So. 2d 955· Fla. 2d DCA· 2006-03-22 ·cited 20×
  The Estate of Reinaldo Villanueva appealed a summary judgment entered in favor of vehicle owner T. Patton Youngblood in a wrongful death case arising from an automobile accident. The court reversed, holding that Youngblood remained liable under Florida's dangerous instrumentality
• Robinson v. Rubin Shapiro
  646 F.2d 734· 2d Cir.· 1981-03-23 ·cited 20×
  The court affirmed the judgment holding Village Towers liable but reduced the damages by eliminating the award for loss of consortium.
• Est. of Clarence I. Lillehei v. Commissioner OF Internal Revenue
  638 F.2d 65· 8th Cir.· 1981-01-28 ·cited 20×
  The court held that an executor has a non-delegable duty to ensure timely filing of estate tax returns, and reliance on an attorney does not constitute reasonable cause for late filing.
• Brigid Dullard v. The Berkeley Assocs. Co. & Murray Hill Props., Inc.
  606 F.2d 890· 2d Cir.· 1979-08-27 ·cited 20×
  The court held that the jury's wrongful death award was excessive under New York law and ordered a new trial on damages unless the plaintiff accepts a remittitur.
• Gibson v. United States
  567 F.2d 1237· 3d Cir.· 1977-12-15 ·cited 20×
  The government can be held directly liable for negligence if its employees fail to exercise reasonable care in overseeing a contractor's safety precautions, even if the contractor also has a duty to provide safety.
• Moye v. Sioux City & NEW Orleans Barge Lines, Inc.
  402 F.2d 238· 5th Cir.· 1968-10-09 ·cited 20×
  The court held that a shipowner owes no warranty of seaworthiness to shore-based workers when the owner surrenders complete control of the vessel for repairs to a shipyard.
• Halecki v. United NEW York & NEW Jersey Sandy Hook Pilots Ass'n
  282 F.2d 137· 2d Cir.· 1960-07-22 ·cited 20×
  The court held that the trial court's jury charge overemphasized the shipowner's control and failed to adequately instruct the jury on the owner's duty to exercise reasonable care regarding the method and manner of using a dangerous substance, thus requiring reversal.
• O'Donnell Transp. Co., Inc. v. M. & J. Tracy
  150 F.2d 735· 2d Cir.· 1945-07-10 ·cited 20×
  A charterer is secondarily liable for damage to a barge caused by the negligence of a tug hired by a third party to whom the charterer entrusted the barge.
• Palms W. Hosp. Ltd. P'ship v. Burns
  83 So. 3d 785· Fla. 4th DCA· 2011-11-30 ·cited 19×
  Palms West Hospital petitioned for a writ of certiorari challenging the trial court's denial of its motion to dismiss claims for negligent retention of physicians, arguing the plaintiff failed to follow mandatory pre-suit screening procedures required under Florida's Medical Malp
• McDONALD v. Dep't of Prof'l Reg.
  582 So. 2d 660· Fla. 1st DCA· 1991-06-13 ·cited 19×
  A licensed harbor pilot challenges a $500 fine imposed by the Department of Professional Regulation for negligence in piloting a vessel that struck the channel embankment. The court reverses because the Board improperly adopted and applied a legal presumption of negligence withou
• Dickerson, Inc. v. United States
  875 F.2d 1577· 11th Cir.· 1989-06-27 ·cited 19×
  The United States is not exempt from liability under the FTCA for improper hazardous waste disposal due to the discretionary-function and independent-contractor exceptions, as the government had a nondelegable duty under Florida law for inherently dangerous activities.
• Flores v. Riscomp Indus., Inc.
  35 So. 3d 146· Fla. 3d DCA· 2010-05-26 ·cited 18×
  Iris Flores appealed the dismissal of her third amended complaint in a personal injury slip-and-fall case, arguing that her amended claims should relate back to her original complaint filed before the statute of limitations expired. The Third District Court of Appeal reversed the
• M.S. and N.S. v. Nova Se. Univ. Inc.
  881 So. 2d 614· Fla. 4th DCA· 2004-07-21 ·cited 18×
  Parents of children allegedly sexually assaulted by a volunteer at Nova Southeastern University's preschool appealed the trial court's grant of summary judgment dismissing their claims based on sovereign immunity. The Fourth District Court of Appeal reversed, holding that Nova fa
• LaDonna Anderson v. Marathon Petroleum Co.
  801 F.2d 936· 7th Cir.· 1986-09-16 ·cited 18×
  The dissent argues that the majority erred in rejecting the non-delegable duty doctrine for inherently dangerous work performed by independent contractors, even with worker's compensation.
• Windham v. Fla. Dep't of Transp.
  476 So. 2d 735· Fla. 1st DCA· 1985-09-27 ·cited 18×
  The Windhams sued the Florida Department of Transportation for injuries caused by TCE contamination of their well water, allegedly resulting from the Department's contractor improperly disposing of the chemical in 1959. The court affirmed dismissal, holding that the negligent act
• Wright v. Newman
  735 F.2d 1073· 8th Cir.· 1984-06-05 ·cited 18×
  The court held that a financing institution is not strictly liable for defects in a repossessed vehicle it arranges to be transported, but may be liable for negligence if it fails to exercise reasonable care in inspecting the vehicle for defects before supplying it for its busine
• Ala. Great S. R.R. Co. v. Allied Chem. Corp.
  501 F.2d 94· 5th Cir.· 1974-09-19 ·cited 18×
• Nivens v. ST. Louis Sw. Ry. Co.
  425 F.2d 114· 5th Cir.· 1970-04-16 ·cited 18×
  A railroad is liable under the FELA for injuries to an employee if employer negligence played any part, however slight, in causing the injury, even if the injury also resulted from a third party's negligence or an act of God.
• Boleski v. Am. Exp. Lines, Inc.
  385 F.2d 69· 4th Cir.· 1967-10-12 ·cited 18×
  The court held that the admission of expert testimony and the jury instructions regarding safety regulations were proper, and that the jury's findings on negligence, unseaworthiness, and contributory negligence were supported by sufficient evidence.
• Copeland v. ST. Louis-San Francisco Ry. Co.
  291 F.2d 119· 10th Cir.· 1961-05-05 ·cited 18×
  The court held that under the FELA, a railroad is liable for injuries to an employee caused in whole or in part by the negligence of a fellow employee, even if the negligent act was not in furtherance of the master's business.
• United States Fid. & Guar. Co. v. Va. Eng'g Co., Inc.
  213 F.2d 109· 4th Cir.· 1954-05-25 ·cited 18×
  A liability insurance policy covers sums an insured becomes obligated to pay due to liability imposed by law, even if the insured also agreed to indemnify another party against that liability.
• Bailey v. Zlotnick
  149 F.2d 505· D.C. Cir.· 1945-05-14 ·cited 18×
  A landlord is liable for the negligence of an independent contractor if that negligence creates an unsafe condition on the premises, even if the contractor is competent and the negligence is in the operative detail of the work.
• Shands Teaching Hosp. & Clinic, Inc. v. Juliana
  863 So. 2d 343· Fla. 1st DCA· 2003-08-29 ·cited 17×
  Shands Teaching Hospital appeals a summary judgment holding it vicariously liable for a perfusionist's negligence during infant Gary Juliana's open-heart surgery, resulting in severe brain damage. The court affirms, finding that Shands breached a nondelegable duty to provide perf
• AETNA Cas. & Sur. Co. v. The Protective Nat'l Ins. Co. of Omaha
  631 So. 2d 305· Fla. 3d DCA· 1993-10-26 ·cited 17×
  Aetna Casualty & Surety Company appeals a summary judgment holding it vicariously liable for an attorney's negligent failure to raise a statute of limitations defense, resulting in an $1.8 million judgment against the insured. The Florida Court of Appeals held that insurance comp
• Ardiel Carrasquillo v. Holiday Carpet Serv., Inc.
  615 So. 2d 862· Fla. 3d DCA· 1993-03-23 ·cited 17×
  The court held that a general contractor is not liable for the negligence of an independent contractor unless a nondelegable duty exists or the contractor was affirmatively negligent, and claims not raised below cannot be considered on appeal.
• Baxley v. Dixie Land & Timber Co.
  521 So. 2d 170· Fla. 1st DCA· 1988-02-08 ·cited 17×
  Sadie Baxley, representing her deceased son Lloyd Baxley's estate, appealed summary judgment dismissing her negligence claim against Dixie Land & Timber Company for injuries sustained during logging operations. The court reversed, holding that Baxley's status at the time of his d
• City OF Coral Gables v. Prats
  502 So. 2d 969· Fla. 3d DCA· 1987-02-10 ·cited 17×
  The City of Coral Gables appealed a jury verdict finding it liable for injuries caused by a dangerous barricade placed by its independent contractor. The appellate court held that the City assumed a nondelegable duty to maintain sidewalks safely under its contract with the Depart
• Muniz v. Nat'l CAN Corp.
  737 F.2d 145· 1st Cir.· 1984-06-26 ·cited 17×
  A parent corporation is not liable for a subsidiary's employee's injuries due to unsafe working conditions unless the parent affirmatively assumed a duty to provide a safe working environment.
• United GAS Pipeline Co. v. Gulf Power Co.
  334 So. 2d 310· Fla. 1st DCA· 1976-06-10 ·cited 17×
  United Gas Pipeline Company sought indemnification and contribution from Gulf Power Company for damages paid in wrongful death cases. The court affirmed the trial court's dismissal, holding that United's nondelegable duty to odorize gas constituted active negligence precluding in
• Stander v. Dispoz-O-Products, Inc.
  973 So. 2d 603· Fla. 4th DCA· 2008-01-23 ·cited 16×
  An employer of an independent contractor is not liable for the contractor's negligence absent a special relationship imposing a non-delegable duty or specific factual allegations demonstrating the employer's negligence in selecting the contractor. A complaint alleging only conclu
• AETNA Cas. & Sur. Co. v. Huntington Nat'l Bank
  587 So. 2d 483· Fla. 4th DCA· 1991-08-28 ·cited 16×
  Aetna Casualty and Surety Company, the uninsured motorist insurer of a deceased victim, appealed a judgment requiring it to pay $250,000 to resolve a cross-claim with Huntington National Bank, the lessor of the at-fault vehicle. The court affirmed, holding that Florida law, not O
• Garnes v. Gulf & W. Mfg. Co.
  789 F.2d 637· 8th Cir.· 1986-04-30 ·cited 16×
  The court held that the trial court erred in instructing the jury on the manufacturer's duty to warn, as the danger was open and obvious, and also erred by allowing a double recovery for loss of consortium damages. The use of the term 'experts' and the 'non-delegable duty' instru
• Kendrick v. Ill. Cent. Gulf R.R. Co.
  669 F.2d 341· 5th Cir.· 1982-03-05 ·cited 16×
  This case involves an appeal from a quiet title action where the appellants argued the trial court erred in denying their motion to dismiss for failure to join an indispensable party, Urbanek, who had improperly conveyed the property.
• Padilla v. Gulf Power Co.
  401 So. 2d 1375· Fla. 1st DCA· 1981-08-13 ·cited 16×
  Padilla, an employee of an independent contractor, was injured when a forklift boom owned by Gulf Power broke under excessive weight. The trial court granted summary judgment for Gulf Power based on the independent contractor doctrine, but the appellate court reversed, holding th
• Ingram Corp. v. The Ohio River Co.
  505 F.2d 1364· 6th Cir.· 1974-11-01 ·cited 16×
  The court held that the defendant was negligent in sinking and failing to properly mark its barge, and this negligence was the proximate cause of the collision, and that the plaintiff was not contributorily negligent.
• Corban v. Skelly OIL Co.
  256 F.2d 775· 5th Cir.· 1958-06-26 ·cited 16×
  If an injured worker is subject to the control of the principal during the performance of the work, they are considered an employee, and their recovery is limited to workers' compensation benefits.
• Berwind-White Coal Mining Co. v. Pitney
  187 F.2d 665· 2d Cir.· 1951-03-20 ·cited 16×
  The railroad trustees should be held liable over by way of indemnity to the libellant because the tug's actions caused the libellant's liability.
• Anderson v. Lorentzen
  160 F.2d 173· 2d Cir.· 1947-03-12 ·cited 16×
  The court held that the defendants owed a non-delegable duty to warn stevedores of the dangers of handling cargo, even if the stevedores' employer was aware of the risk.
• In re the Est. OF Chad Starling. Dewayne Y. Starling & Wilma C. Starling v. Asis Saha and Barbara Saha
  451 So. 2d 516· Fla. 5th DCA· 1984-05-10 ·cited 14×
  The Starlings appealed from summary judgment dismissing their negligence claim and the trial court's dismissal of their attractive nuisance count after their son drowned in a pond operated by independent contractors on the Sahas' property. The court affirmed the negligence dismis
• Boyle v. United States
  710 F.2d 1251· 7th Cir.· 1983-06-24 ·cited 14×
  Reliance on competent counsel can constitute reasonable cause for late filing of an estate tax return if the taxpayer is unfamiliar with tax law, fully discloses relevant facts, and exercises ordinary business care and prudence.
• Levitz Furniture Co. OF the E. Region, Inc. v. Cont'l Equities, Inc.
  411 So. 2d 221· Fla. 3d DCA· 1982-02-16 ·cited 14×
  Levitz Furniture sued its landlord Continental Equities to recover damages after a warehouse roof collapsed due to latent construction defects, and Continental countersued for full rent. The court reversed summary judgment for the landlord, holding that an implied warranty of fit
• Boeving v. United States
  650 F.2d 493· 8th Cir.· 1981-06-17 ·cited 14×
  The court held that the trust assets were includable in the decedent's gross estate and that reliance on an attorney's mistaken advice does not constitute reasonable cause for late filing.
• Champagne v. Chevron U. S. A.
  605 F.2d 934· 5th Cir.· 1979-11-02 ·cited 14×
  The court held that the owner of an offshore platform has a non-delegable duty to keep its appurtenances in good repair and is strictly liable for injuries resulting from defects, consistent with Louisiana Civil Code article 2322.
• NOA v. United GAS Pipeline Co.
  305 So. 2d 182· Fla.· 1974-11-07 ·cited 14×
  The Florida Supreme Court reversed the District Court of Appeal's decision that excluded expert testimony regarding whether a gas pipeline was a "service line" subject to odorization requirements under state safety regulations. The court held that expert testimony regarding the f
• Isham v. Pac. FAR E. Line, Inc.
  476 F.2d 835· 9th Cir.· 1973-04-09 ·cited 14×
  A shipowner has no duty to provide passengers with transportation ashore at an intermediate cargo stop, especially when the vessel is primarily a freighter and passenger carriage is incidental.