Non-Delegable Duty

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

• Wallach v. United States
  291 F.2d 69· 2d Cir.· 1961-05-22 ·cited 14×
  The court held that the United States, as the owner of the property, was not liable for the negligence of an independent contractor whose employee was injured due to a negligently erected scaffold.
• Roper v. United States
  282 F.2d 413· 4th Cir.· 1960-08-30 ·cited 14×
  The owner of a deactivated vessel does not warrant the seaworthiness of shore-based unloading equipment used in conjunction with the vessel.
• Morales v. City OF Galveston
  275 F.2d 191· 5th Cir.· 1960-02-22 ·cited 14×
  The court held that the trial court's findings of no negligence and no unseaworthiness were not clearly erroneous and were supported by the evidence.
• Am. Transit Lines v. Smith
  246 F.2d 86· 6th Cir.· 1957-07-02 ·cited 14×
  A motor carrier holding a public franchise cannot delegate its duties under the franchise to an independent contractor to absolve itself from liability for negligence, even when the contractor is performing an activity incidental to the franchise operation.
• United States v. Harrison
  245 F.2d 911· 9th Cir.· 1957-04-29 ·cited 14×
  The court held that the Stevedoring Company was contractually obligated to indemnify the government because its negligence contributed to the injury, and no exceptions to the indemnity clause applied.
• The Baltimore & Ohio R.R. Co. v. Alpha Portland Cement Co.
  218 F.2d 207· 3d Cir.· 1955-01-10 ·cited 14×
  A railroad employee injured due to a sidetrack owner's active negligence can recover full indemnity from the owner under a sidetrack agreement, even if the railroad is found passively negligent for failing to provide a safe workplace.
• Atl. Coast Line R. Co. v. Robertson
  214 F.2d 746· 4th Cir.· 1954-07-20 ·cited 14×
  The court held that the Pipe Company was negligent in operating its dinkey engine and that the Railroad Company breached its duty to provide a safe workplace, but that the indemnity agreement covered the Railroad Company's liability. The court affirmed the judgments against both
• Fegles Const. Co. v. McLaughlin Const. Co.
  205 F.2d 637· 9th Cir.· 1953-06-11 ·cited 14×
  The court held that the evidence was sufficient to support the trial court's findings of negligence and that the general rule of non-liability for independent contractors did not apply to inherently dangerous work.
• Mo. Pac. R.R. Co. v. Int'l Paper Co.
  618 F.2d 492· 8th Cir.· 1980-04-08 ·cited 13×
  A settlement of an employee's FELA claim against a railroad, where the railroad notified the industry of the claim and the industry refused to defend, conclusively resolves the issue of the industry's liability under an indemnity agreement, absent fraud or collusion.
• Rabon v. Guardsmark, Inc.
  571 F.2d 1277· 4th Cir.· 1978-02-16 ·cited 13×
  The court should affirm the district judge's imposition of liability on the security agency.
• Denver Sammons and Jacqueline Sammons v. Broward Bank
  599 So. 2d 1018· Fla. 4th DCA· 1992-04-29 ·cited 12×
  Denver and Jacqueline Sammons appealed a judgment against them in their tortious repossession claim against Broward Bank. The court held that a bank has a nondelegable duty under Florida law to repossess collateral only by peaceable means, meaning the bank cannot avoid liability
• Bramer v. United States
  595 F.2d 1141· 9th Cir.· 1979-04-16 ·cited 12×
  The court held that under current New Mexico law, the government does not owe a nondelegable duty to employees of an independent contractor injured by the contractor's work, thus precluding FTCA relief.
• Anderson v. Iceland S.S. Co.
  585 F.2d 1142· 1st Cir.· 1978-09-29 ·cited 12×
  The court held that the shipowner was not negligent and therefore not liable for the longshoreman's injury, as the hazardous condition on the pier was the responsibility of the stevedore and the shipowner had no knowledge of it.
• Bourg v. Texaco OIL Co., Inc.
  578 F.2d 1117· 5th Cir.· 1978-08-25 ·cited 12×
  The court held that the trial court did not err in refusing to give special jury instructions that would have imposed liability on Texaco for the negligence of an independent contractor based solely on federal regulations. The regulations did not create a non-delegable duty or vi
• ST. Vincent's Hosp. v. Hattie L. Crouch
  292 So. 2d 405· Fla. 1st DCA· 1974-02-28 ·cited 12×
  Mrs. Crouch was injured when she tripped over a glob of concrete in a hospital parking lot and sued the hospital for negligence. The court upheld the jury verdict finding the hospital liable, rejecting arguments that Crouch was contributorily negligent as a matter of law and that
• Carter v. Union R.R. Co.
  438 F.2d 208· 3d Cir.· 1971-02-08 ·cited 12×
• Caughman v. The Wash. Terminal Co.
  345 F.2d 434· D.C. Cir.· 1965-03-04 ·cited 12×
  The court reversed the judgment, finding that the trial judge's exclusion of certain evidence was potentially erroneous and that the admissibility of other evidence, including motion pictures and character evidence, should be left to the trial court's discretion.
• Isthmian S.S. Co. v. Cal. Spray-Chemical Corp.
  290 F.2d 486· 9th Cir.· 1961-05-02 ·cited 12×
  The carrier remains responsible for the safe arrival of goods under maritime carriage law, even when using independent contractors for lighterage.
• Rayonier v. Bryan
  249 F.2d 405· 5th Cir.· 1957-11-18 ·cited 12×
  The court held that the expert testimony regarding the fire's origin was inadmissible and that the defense of independent contractor was not applicable in this timber-cutting context, but the refusal to consider contributory negligence was an error requiring reversal.
• Blackhawk Hotels Co. v. Laurence L. Bonfoey
  227 F.2d 232· 8th Cir.· 1955-11-22 ·cited 12×
  The court held that Blackhawk Hotels Company, as the operator of the hotel, had a non-delegable duty to provide safe elevator transportation, making it liable for the elevator's fall even if Haughton Elevator Company's negligence caused the accident. The court also held that ther
• Leonard v. Prince Line
  157 F.2d 987· 2d Cir.· 1946-11-18 ·cited 12×
  The court held that Prince Line, as the permittee in control of the pier through its agent, had a non-delegable duty to maintain the premises in a safe condition for invitees, and thus was liable for the plaintiff's injuries.
• Dixon v. Whitfield
  654 So. 2d 1230· Fla. 1st DCA· 1995-05-09 ·cited 11×
  In a wrongful death action arising from a student struck by a car after exiting a school bus, the court affirmed the trial court's finding that the bus operators and owners were independent contractors rather than employees or agents of the school board, and thus not entitled to
• Payne H. Midyette v. Madison
  559 So. 2d 1126· Fla.· 1990-04-12 ·cited 11×
  An employer is vicariously liable for the negligence of an independent contractor when the work performed, such as clearing land by fire and creating smoke, is inherently dangerous.
• Jamaica Nutrition Holdings, Ltd. v. United Shipping Co., Ltd.
  643 F.2d 376· 5th Cir.· 1981-04-24 ·cited 11×
  The court held that damages incurred in foreign currency should be converted to United States dollars at the exchange rate in effect on the date the loss was incurred and the cost of reprocessing was paid, not the date of delivery or final judgment.
• Metsker v. Carefree/Scott Fetzer Co.
  90 So. 3d 973· Fla. 2d DCA· 2012-06-27 ·cited 10×
  Ethel Metsker was injured by a falling metal pole at an RV trade show while seated next to a Carefree booth. The trial court granted summary judgment for Carefree, finding it owed no duty of care because an independent contractor (DRG) operated the booth. The appellate court reve
• Pasquale Fanetti v. Hellenic Lines Ltd.
  678 F.2d 424· 2d Cir.· 1982-05-06 ·cited 10×
  A shipowner acting as its own stevedore cannot claim insulation from liability based on the duties of an independent contractor, and a defendant seeking to reduce future lost wage awards by income taxes must provide evidence to support such calculations.
• Walker v. Tenneco OIL Co.
  615 F.2d 1121· 5th Cir.· 1980-04-25 ·cited 10×
  The court held that the trial court properly directed a verdict on strict liability and did not err in its jury instructions on negligence, affirming the judgment for the defendant.
• Steed v. Cent. OF Ga. Ry. Co.
  529 F.2d 833· 5th Cir.· 1976-04-05 ·cited 10×
  A directed verdict for the railroad (Central) against the track owner (Riegel) for indemnity was proper, as Riegel's failure to maintain the track caused the injury, and the indemnity agreement covered such omissions.
• Almendarez v. The Atchison
  426 F.2d 1095· 5th Cir.· 1970-05-28 ·cited 10×
  The court held that the railroad's requested jury instructions on sole proximate cause and employer's duty regarding employee carelessness were properly refused, and the charge on assumption of risk was harmless error under the Federal Employers' Liability Act.
• Zunck v. Gulf OIL Corp. & Warren Petroleum Corp.
  224 So. 2d 386· Fla. 1st DCA· 1969-07-01 ·cited 10×
  Plaintiffs injured and killed in a liquid petroleum gas explosion brought suit against the manufacturer and wholesale distributor for negligently failing to odorize the gas and for failing to supervise retail distribution. The court held that where a wholesaler sells unodorized g
• Jacinto Calvera v. Green Springs, Inc.
  220 So. 2d 414· Fla. 3d DCA· 1969-03-11 ·cited 10×
  This case concerns whether a complaint sufficiently stated a cause of action against a home builder and developer for a child's death caused by a falling planter. The court held that both the builder and the developer could be liable, reversing the dismissal of the complaint.
• Albanese v. N. V. Nederl. Amerik Stoomv. Maats
  392 F.2d 763· 2d Cir.· 1968-04-12 ·cited 10×
  The court held that the jury's verdict should not be disturbed, as there was an issue of fact regarding whether the stevedore breached its warranty of workmanlike service.
• Guarnieri v. Kewanee-Ross Corp.
  270 F.2d 575· 2d Cir.· 1959-10-02 ·cited 10×
  The court held that the trial court erred in its charge and application of New York law regarding indemnification between Kewanee and Burnham, and that Kewanee was entitled to a new trial on its third-party claim.
• West v. United States
  256 F.2d 671· 3d Cir.· 1958-07-02 ·cited 10×
  The court held that the ship was not in navigation and the injured worker was not performing seamen's work, thus the warranty of seaworthiness did not extend to him.
• Shields v. United States (two cases)
  175 F.2d 743· 3d Cir.· 1949-05-24 ·cited 10×
  The court held that the shipowner fulfilled its duty by providing a steam valve to safely oil the winch, and thus was not liable for the seaman's injuries. However, the seaman was entitled to maintenance and cure.
• Daroca v. Metro. Life Ins. Co.
  121 F.2d 917· 5th Cir.· 1941-07-30 ·cited 10×
  The court held that a building owner is not liable for injuries to an independent contractor's employee caused by the contractor's negligence, nor is the owner liable to a third-party workman without proof of the owner's own negligence or a structural defect.
• 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.
• Staria T. Newbold-Ferguson v. Amisub (North Ridge Hospital), Inc.
  85 So. 3d 502· Fla. 4th DCA· 2012-02-22 ·cited 9×
  The court held that the plaintiff should have been allowed to amend her complaint to assert a non-delegable duty claim against the hospital for the emergency room doctor's alleged negligence.
• Tarpon Springs Hosp. Found., Inc. v. Reth
  40 So. 3d 823· Fla. 2d DCA· 2010-07-09 ·cited 9×
  In this medical negligence case arising from a patient's death during surgery, the Florida Second District Court of Appeal held that while hospitals have a statutory duty to maintain an anesthesia department staffed with qualified personnel, they do not have a nondelegable duty t
• Food Lion, LLC v. Monument/Julington Assoc. Ltd. P'ship
  939 So. 2d 1106· Fla. 1st DCA· 2006-09-20 ·cited 9×
  Food Lion, a grocery store tenant in a shopping center, appeals the summary judgment entered in favor of the shopping center owner in a slip-and-fall case. The court reverses, holding that a landowner's nondelegable duty to maintain premises in a safe condition for business invit
• Hinckley v. Palm Beach Cnty. Bd. OF Cnty. Comm'rs
  801 So. 2d 193· Fla. 4th DCA· 2001-12-05 ·cited 9×
  A developmentally disabled woman was sexually molested by a transportation driver hired through an independent contractor. The court held that a county's duty to provide safe transportation to disabled individuals is non-delegable, meaning the county cannot escape liability by co
• Monroe Sys. FOR Bus., Inc. v. Intertrans Corp.
  650 So. 2d 72· Fla. 3d DCA· 1994-12-28 ·cited 9×
  Monroe Systems appealed a directed verdict in favor of freight forwarder Intertrans on Monroe's claims for breach of bailment and negligence arising from damage to Monroe's goods stored in a third-party customs-bonded warehouse. The court affirmed, holding that Intertrans was mer
• Vivas v. SUN Alliance Ins. Co.
  807 F.2d 1102· 1st Cir.· 1986-12-29 ·cited 9×
  The dissenting judge believes the majority erred in applying res ipsa loquitur to infer negligence from an escalator malfunction without sufficient evidence.
• Flynn v. United States
  631 F.2d 678· 10th Cir.· 1980-09-17 ·cited 9×
  The United States is not liable under the Federal Tort Claims Act for injuries to an employee of an independent contractor when the contractor's own negligence caused the accident and the government did not control the physical performance of the work.
• Warner v. The City OF BAY ST. Louis
  552 F.2d 583· 5th Cir.· 1977-05-18 ·cited 9×
  The court held that the city was liable for negligence in failing to warn of shallow water at a municipal pier, and the award, reduced by 50% due to the plaintiff's contributory negligence, was not excessive.
• Hetman v. Fruit Growers Express Co.
  346 F.2d 947· 3d Cir.· 1965-06-15 ·cited 9×
  The court held that the defendant was not a "common carrier by railroad" under the FELA, and even if it were, the decedent, an employee of an independent contractor, was not an "employee" of the defendant within the meaning of the Act.
• Price v. Fla. Power & Light Co.
  159 So. 2d 654· Fla. 2d DCA· 1963-12-13 ·cited 9×
  Price, an employee of an independent contractor, was injured while working on an electrical distribution system owned by Florida Power and Light Company. The court reversed the dismissal of his complaint, holding that a power company cannot escape liability for injuries caused by
• Ruiz v. Wendy's Trucking
  357 So. 3d 292· Fla. 2d DCA· 2022-09-23 ·cited 8×
  A landowner who permits trucks to be parked on a commercial lot does not owe a duty to a lessee's invitee to prevent mechanical repairs from being performed on the lot or to implement safeguards against such repairs, where the landowner did not create the dangerous condition and
• Kristensen-Kepler v. John F. Cooney, M.D.
  39 So. 3d 518· Fla. 4th DCA· 2010-07-07 ·cited 8×
  In this medical malpractice action, the appellate court affirmed summary judgment for Northpoint Surgery and Laser Center, holding that the surgical facility owed no duty to supervise a physician the patient independently selected, and that the physician was not Northpoint's appa
• Jauma v. The City OF Hialeah
  758 So. 2d 696· Fla. 3d DCA· 2000-01-19 ·cited 8×
  The Jaumas appeal a summary judgment in favor of the City of Hialeah after Gilberto Jauma was struck by a car while slipping on a muddy, flooded street caused by contractor work. The court reversed, holding that despite the obviousness of the hazard, the City owed a non-delegable