Non-Delegable Duty

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

• United States for the Use of Valders Stone & Marble v. C-Way Constr. Co.
  909 F.2d 259· 7th Cir.· 1990-08-03 ·cited 8×
  The court held that Selvick, as an incidental beneficiary, could not sue Valders for breach of contract or under the warranty of workmanlike performance, and that pendent appellate jurisdiction did not apply to Valders's cross-appeal.
• Crooks v. Crispus C. NIX
  872 F.2d 800· 8th Cir.· 1989-04-10 ·cited 8×
  The court held that a prisoner's pro se complaint alleging deliberate indifference to serious medical needs, particularly regarding pain medication, must be read liberally and can overcome summary judgment if a factual dispute exists. Contracting medical care does not absolve the
• Borquez v. United States
  773 F.2d 1050· 9th Cir.· 1985-10-10 ·cited 8×
  The United States had a duty to warn recreational visitors of dangerous conditions at the Roosevelt Power Canal Diversion Dam due to the Forest Service's management and administration of the area for recreational purposes.
• Craig v. M/V Peacock
  760 F.2d 953· 9th Cir.· 1985-05-14 ·cited 8×
  The court held that the determination of seaman status is a factual inquiry and that the magistrate's finding that the deceased was not a seaman was not clearly erroneous. Furthermore, the vessel was found to be seaworthy.
• Madrid v. Mine Safety Appliance Co.
  486 F.2d 856· 10th Cir.· 1973-10-25 ·cited 8×
  The court held that the decedent's knowledge of the danger, his violation of instructions, and his contributory negligence precluded liability against the defendants, and that the employer of an independent contractor does not owe a non-delegable duty of care to the contractor's
• Kelley v. S. Pac. Co.
  486 F.2d 1084· 9th Cir.· 1973-09-07 ·cited 8×
  An employee of a contractor performing services for a railroad is not covered by the Federal Employers' Liability Act (FELA) unless a common law master-servant relationship exists with the railroad.
• West v. Morrison-Knudsen Co., Inc.
  451 F.2d 493· 9th Cir.· 1971-11-08 ·cited 8×
  A general contractor is not liable to an employee of a subcontractor for injuries arising from the subcontractor's work, even if safety provisions are incorporated into the prime contract, unless the general contractor retained control over the means and methods of the work.
• Scates v. Isthmian Lines, Inc.
  319 F.2d 798· 9th Cir.· 1963-07-08 ·cited 8×
  The court held that the trial court did not err in denying a new trial, permitting impleaded parties to participate, allowing a witness who violated exclusion order to testify, or refusing certain jury instructions.
• Johnson Line v. Maloney
  243 F.2d 293· 9th Cir.· 1957-04-09 ·cited 8×
  The court held that the shipowner was liable for the longshoreman's injuries due to an unsafe working condition, and the damages awarded were not excessive.
• Larsson v. Coastwise (pacific Far East) Line
  181 F.2d 6· 9th Cir.· 1950-03-22 ·cited 8×
  The shipowner is not liable for the seaman's injuries when the seaman failed to use a readily available safety device to prevent the injury.
• Dewees v. Johnson
  329 So. 3d 765· Fla. 4th DCA· 2021-11-03 ·cited 7×
  Linda Dewees sued a real estate developer for negligence and breach of duty after suffering injuries from an unsafe roadway in a residential community she purchased. The developer moved to compel arbitration based on an arbitration clause in the Purchase Contract, but the court r
• Godwin v. Univ. OF S. Fla. Bd. OF Trs.
  203 So. 3d 924· Fla. 2d DCA· 2016-08-24 ·cited 7×
  Arthur Godwin, as personal representative of his wife Annie Godwin's estate, appealed summary judgment in favor of Tampa General Hospital (TGH) and affiliated physicians after Annie died during surgery for colon cancer. The court affirmed, holding that TGH properly delegated liab
• Bohannon v. Shands Teaching Hosp. & Clinics, Inc.
  983 So. 2d 717· Fla. 1st DCA· 2008-06-10 ·cited 7×
  The court affirmed dismissal of a wrongful death claim brought under Florida's Adult Protective Services Act (chapter 415) against a hospital for alleged medical negligence. The court held that chapter 415 does not provide an alternative cause of action for medical negligence, wh
• NME Props., Inc. v. Rudich
  840 So. 2d 309· Fla. 4th DCA· 2003-02-12 ·cited 7×
  NME Properties, Inc., the licensed operator of Menorah House nursing home, appealed a jury verdict imposing punitive damages for the death of resident Ida Revitz from complications of severe decubitus ulcers. The Fourth District Court of Appeal affirmed, holding that a nursing ho
• Villazon v. Prudential Health Care Plan, Inc.
  794 So. 2d 625· Fla. 3d DCA· 2001-03-14 ·cited 7×
  Rolando Villazon appeals summary judgment in a wrongful death action against Prudential Health Care Plan, alleging vicarious liability and breach of non-delegable duty for misdiagnosis that led to his wife's death from tongue cancer. The court affirms, holding that ERISA preempts
• Mitchell v. Edge
  598 So. 2d 125· Fla. 2d DCA· 1992-04-17 ·cited 6×
  Homeowners appealed summary judgment dismissing their claims against a contractor's officers after previously obtaining a judgment against the contractor itself. The court reversed as to one officer (Edge) because the earlier judgment against the contractor company had not been s
• Hull v. Chevron U.S.A., Inc.
  812 F.2d 584· 10th Cir.· 1987-02-18 ·cited 6×
  The court held that the trial court did not err in excluding evidence of subsequent remedial measures, denying a mistrial based on a change in legal theory, or instructing the jury on the duty of care owed to an independent contractor's employee, and that sufficient evidence supp
• Vissarion Katapodis and Koula Katapodis v. Koppers Co., Inc.
  770 F.2d 655· 7th Cir.· 1985-08-14 ·cited 6×
  A prime contractor can be held liable under Indiana's Construction Industry Safety Code for injuries to a subcontractor's employee, even without a direct employer-employee relationship, if the prime contractor fails to ensure compliance with the Code.
• Cliffin v. State
  458 So. 2d 29· Fla. 1st DCA· 1984-10-11 ·cited 6×
  The court held that the four-year statute of limitations for claims against the state does not apply to individual employees, and supervisors are immune from suit if the complaint does not allege affirmative negligence beyond the employer's non-delegable duty.
• Schwartz v. Sears
  669 F.2d 1091· 5th Cir.· 1982-03-12 ·cited 6×
  The court held that the evidence was sufficient to support the jury's finding of gross negligence in the design of the wrecker, justifying exemplary damages.
• Cosmopolitan Broad. Corp. v. Fed. Commc'ns Comm'n
  581 F.2d 917· D.C. Cir.· 1978-05-31 ·cited 6×
  The court affirmed the FCC's decision to deny Cosmopolitan's license renewal, finding that the station's extensive time brokering constituted an abdication of licensee responsibility for programming and operations.
• Crosby v. The Gen. Tire & Rubber Co.
  543 F.2d 1128· 5th Cir.· 1976-12-13 ·cited 6×
  The court held that a Mississippi statute voiding indemnity agreements for a party's own negligence barred General Tire's claims against Vulcan and its insurer, even under theories of express contract, implied indemnity, or quasi-contractual indemnity.
• Mazzanti v. Lykes Bros. S.S. Co., Inc.
  524 F.2d 961· 5th Cir.· 1975-12-12 ·cited 6×
  The court held that the evidence does not support a finding of more than 50% contributory fault for the plaintiff longshoreman's injury.
• Schiller v. Penn Cent. Transp. Co.
  509 F.2d 263· 6th Cir.· 1975-01-21 ·cited 6×
  The court held that the sidetrack agreement required both parties to equally bear the judgment because their joint and concurrent negligence proximately caused the plaintiff's injuries.
• Liberty Mut. Ins. Co. v. Fruehauf Corp.
  472 F.2d 69· 6th Cir.· 1972-12-19 ·cited 6×
  The court held that the indemnification doctrine established in Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp., which is based on admiralty law's seaworthiness doctrine, should not be extended to a non-maritime tort.
• Armon Boyd Coursey v. Morgan Driveway, Inc.
  366 F.2d 504· 6th Cir.· 1966-09-29 ·cited 6×
  The court held that a jury could reasonably conclude that the defendant's negligence was a substantial factor in causing the plaintiff's injuries, and that the duty to warn the public of a highway blockage was non-delegable.
• Schmid v. United States
  273 F.2d 172· 7th Cir.· 1959-12-21 ·cited 6×
  The United States is liable under the Federal Tort Claims Act for violating the Illinois Scaffold Act by failing to ensure a safe scaffold, even though an independent contractor performed the work.
• RAY v. United States
  228 F.2d 574· 5th Cir.· 1955-12-23 ·cited 6×
  The court held that the United States was not liable under the Federal Tort Claims Act for injuries sustained from an electrical explosion, as the plaintiff failed to prove actionable negligence by the government or its contractors.
• Downey v. Union Paving Co.
  184 F.2d 481· 3d Cir.· 1949-03-11 ·cited 6×
  A contractor is liable for an independent subcontractor's negligence when the work involves a risk of making a public place dangerous and the contract imposes public safety obligations.
• Tabraue v. Doctors Hosp., Inc.
  272 So. 3d 468· Fla. 3d DCA· 2019-03-27 ·cited 5×
  The Florida District Court of Appeal, Third District, affirmed the dismissal of a medical malpractice claim brought by the estate of a patient who died after emergency room and intensive care treatment, holding that a hospital does not owe a non-delegable duty to provide non-negl
• Daniel v. Morris
  181 So. 3d 1195· Fla. 5th DCA· 2015-12-04 ·cited 5×
  Beverly Cesary Daniel appeals summary judgment dismissing her claims against an independent repossession contractor and its employee after she settled with the creditor (BankFirst). The court reversed, holding that the initial and subsequent tortfeasor doctrine does not apply bec
• Vazquez v. Lago Grande Homeowners Ass'n & Centurion Protective Servs., Inc.
  900 So. 2d 587· Fla. 3d DCA· 2004-12-08 ·cited 5×
  In this wrongful death and personal injury case, the court reversed judgments for defendants despite a jury verdict for plaintiffs, holding that a condominium association and security company that voluntarily undertook to provide security cannot escape liability merely because no
• Garrick v. Publix Super Mkts., Inc.
  798 So. 2d 875· Fla. 4th DCA· 2001-11-07 ·cited 5×
  Two groups of plaintiffs—security employees injured in an armed robbery and their family members—appealed the dismissal of their negligence and premises liability claims against Publix Super Markets and their employer Brinks. The court affirmed the dismissal, holding that plainti
• Garcia v. State
  707 So. 2d 1158· Fla. 3d DCA· 1998-02-25 ·cited 5×
  The Florida District Court of Appeal held that a state retains a nondelegable duty of care toward swimmers at state-owned beaches even when a municipality operates and controls the beach pursuant to a management agreement. The court reversed summary judgment dismissing the state
• F.H.W. & C., Inc. v. Am. Hosp. OF Miami, Inc.
  575 So. 2d 1300· Fla. 3d DCA· 1991-01-22 ·cited 5×
  In this medical malpractice contribution case, a hospital sought indemnity and contribution from a physician staffing company for settlement payments made on behalf of a negligent physician. The Florida District Court of Appeal affirmed the judgment, holding that contribution rig
• Topvalco Inc. v. Wolff
  358 So. 3d 747· Fla. 4th DCA· 2023-02-15 ·cited 4×
  A litigant must move for rehearing or relief from judgment when a trial court's legal error appears for the first time on the face of an order to preserve the issue for appellate review.
• Bartow HMA, LLC v. Edwards
  175 So. 3d 820· Fla. 2d DCA· 2015-07-10 ·cited 4×
  Bartow HMA, LLC sought certiorari review of a discovery order requiring production of external peer review reports in a medical negligence case. The court held that these attorney-requested reports fall outside Amendment 7's scope because they were not made in the ordinary course
• Sauve v. Lamberti
  597 F. Supp. 2d 1312· S.D. Fla.· 2008-12-01 ·cited 4×
  The court held that genuine disputes of material fact preclude summary judgment for both defendants regarding the plaintiff's claim of deliberate indifference to serious medical needs.
• Nury M. Suarez v. Gonzalez
  820 So. 2d 342· Fla. 4th DCA· 2002-03-27 ·cited 4×
  Suarez appeals a jury verdict finding her 55% negligent and liable for $2.7 million in damages to a tenant injured when a kitchen cabinet she had installed fell and struck him. The court affirms, holding that a landlord can be liable for an independent contractor's negligence bas
• Nixon v. Halpin
  620 So. 2d 796· Fla. 4th DCA· 1993-06-23 ·cited 4×
  A secured party cannot delegate its non-delegable duty to repossess collateral without a breach of the peace to an independent contractor and avoid liability for injuries caused during the repossession attempt.
• Walker v. Crigler
  976 F.2d 900· 4th Cir.· 1992-10-05 ·cited 4×
  The dissenting judge argues that the majority's imposition of strict liability on property owners for agent discrimination under the Fair Housing Act is incorrect, as ordinary agency principles should apply.
• Associated Metals & Minerals Corp. v. M/V Arktis SKY
  978 F.2d 47· 2d Cir.· 1992-10-01 ·cited 4×
  The court held that a "free in and out, stowed" (FIOS) clause in a bill of lading does not relieve a carrier of its non-delegable duty under COGSA to properly and carefully load and stow cargo, and that conflicting evidence regarding the vessel's control over stowage created a ge
• Cruz v. Gables Colony Ltd.
  579 So. 2d 278· Fla. 3d DCA· 1991-05-07 ·cited 4×
  In a wrongful death action arising from a construction site crane accident, the court affirmed summary judgment for the property owner and its general partner, holding that property owners who hire independent contractors for construction are not liable to the contractors' employ
• Murdock v. Emp'rs Ins. OF Wausau
  917 F.2d 1065· 8th Cir.· 1990-10-24 ·cited 4×
  The court held that the majority opinion erred by engaging in its own fact-finding and ignoring the clearly erroneous standard of review.
• Minerva del Risco v. Indus. Affiliates, Ltd.
  556 So. 2d 1148· Fla. 3d DCA· 1990-01-09 ·cited 4×
  Plaintiffs appealed an adverse jury verdict in a premises liability case arising from a gas explosion in a warehouse. The Florida appellate court reversed and remanded for a new trial, holding that the trial court erred by refusing to instruct the jury that the defendant's violat
• Garcia v. Biltmore Court Villas, Inc.
  534 So. 2d 1173· Fla. 3d DCA· 1988-10-11 ·cited 4×
  Ramon Garcia, an employee of a subcontractor, was injured when he fell through an unbarricaded opening at a construction site and sued the landowner Biltmore Court Villas, claiming the owner became a general contractor by contracting with multiple specialty contractors and theref
• Hamilton v. Bean
  745 F.2d 1034· 6th Cir.· 1984-10-10 ·cited 4×
  Co-employees are not liable for negligence in failing to provide a safe workplace under Tennessee law, as this duty is personal and non-delegable to the employer.
• Carlton v. M/G Transp. Servs., Inc.
  698 F.2d 846· 6th Cir.· 1983-02-02 ·cited 4×
  The court held that there was no evidence of causation to support a claim under the Jones Act, despite a potentially slender argument for negligence.
• Maldonado v. Jack M. Berry Grove Corp.
  322 So. 2d 608· Fla. 2d DCA· 1975-11-19 ·cited 4×
  The court held that the landowner was not liable for injuries to a child of a contract fruit picker because the landowner did not exercise sufficient control to establish a master-servant relationship and the work was not inherently dangerous.
• Venore Transp. Co. v. Oswego Shipping Corp.
  498 F.2d 469· 2d Cir.· 1974-06-13 ·cited 4×
  The court held that Banco do Brasil must fully indemnify Oswego for damages awarded to Venore due to a breach of the safe berth warranty.