Non-Delegable Duty

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

• United GAS Pipeline Co. v. NOA
  281 So. 2d 377· Fla. 1st DCA· 1973-08-09 ·cited 4×
  A pipeline company transmitting and selling unodorized natural gas to a large volume customer does not have a non-delegable duty to odorize the gas.
• Jones v. United States
  399 F.2d 936· 2d Cir.· 1968-09-04 ·cited 4×
  The court held that there was sufficient evidence to infer proximate causation for the wrongful death claim and that the government owed a duty of care to the contractor's employees regarding the patient's condition.
• Blow v. Compagnie Mar. Belge (Lloyd Royal) S.A.
  395 F.2d 74· 4th Cir.· 1968-05-07 ·cited 4×
  The court held that the shipowner's duty to provide a seaworthy vessel is absolute, and the jury was entitled to consider conflicting evidence regarding the stevedore's negligence in its indemnity claim.
• Temblador v. Hamburg-American Lines
  368 F.2d 365· 9th Cir.· 1966-10-21 ·cited 4×
  The court held that the trial court did not err in refusing certain jury instructions because they were redundant or the alleged error was harmless.
• Hometrust Life Ins. Co. v. United States Fid. & Guar. Co. & Nat'l Sur. Corp.
  298 F.2d 379· 5th Cir.· 1962-01-11 ·cited 4×
  The court held that the State Treasurer had a nondelegable duty to keep securities safe and was liable for their improper release, even if an intervening act caused the ultimate loss.
• Arnhold v. United States
  284 F.2d 326· 9th Cir.· 1960-10-26 ·cited 4×
  The court held that the United States, the Port Angeles and Western Railroad Company, and Fibreboard Products, Inc. were liable for losses caused by a forest fire due to their negligence in failing to prevent its spread.
• Sears v. Talley
  239 F.2d 82· 5th Cir.· 1956-12-14 ·cited 4×
  The court held that the employer was not liable for the employee's injuries because there was no evidence of actionable negligence in failing to provide adequate help, as the employee voluntarily proceeded with a task he believed he could handle with his helper, without seeking f
• Montgomery Ward & Co. v. Fount Furlong
  219 F.2d 726· 10th Cir.· 1955-02-09 ·cited 4×
  The court held that the defendant employer was liable for injuries sustained by its employee during transportation arranged by the employer, and that the employer was entitled to credit for payments made to satisfy a judgment for the employee's medical expenses.
• Eagle Star INS. Co. v. Bean
  134 F.2d 755· 9th Cir.· 1943-03-30 ·cited 4×
  The court held that the negligence of an employee in a joint enterprise is not imputed to other members of the enterprise when they are suing each other, and that the evidence did not show positive negligence by the company.
• Keith R.E. Johnson & Krej Leasing, Inc. v. Akeefe Garrett
  386 So. 3d 1023· Fla. 6th DCA· 2024-04-04 ·cited 3×
  Property owner Johnson and his corporate managing entity KREJ appealed a jury verdict awarding damages to Garrett for negligent security after Garrett was shot at a strip club on their leased premises. The court reversed, holding that Johnson and KREJ lacked sufficient control ov
• Abad v. Venus Lacalamita
  353 So. 3d 1217· Fla. 3d DCA· 2022-11-23 ·cited 3×
  The Third District Court of Appeal reversed the trial court's order allowing amendment to assert punitive damages, holding that the independent tort rule precludes punitive damages where the gross negligence claim is not independent of the underlying breach of contract.
• Latisha A. Gradia v. Baptist Hosp., Inc.
  345 So. 3d 385· Fla. 1st DCA· 2022-08-10 ·cited 3×
  This case concerns whether a hospital can be held vicariously liable for the alleged negligence of an emergency room physician who was an independent contractor. The appellate court reversed the trial court's grant of summary judgment, finding that genuine disputes of material fa
• Smyth v. Infrastructure Corp. OF Am. & Dep't of Transp.
  113 So. 3d 904· Fla. 2d DCA· 2013-01-25 ·cited 3×
  In this wrongful death case, the Florida Second District Court of Appeal reversed a summary judgment in favor of the Florida Department of Transportation and Infrastructure Corporation of America, holding that material questions of fact remained about whether the tractor operator
• Price v. Miller & Solomon Gen. Contractors, Inc.
  104 So. 3d 1251· Fla. 4th DCA· 2013-01-23 ·cited 3×
  The Prices appealed summary judgment granted in favor of Southern State Masonry and the denial of their motion to amend their complaint following Kenneth Price's construction accident injury. The appellate court reversed both orders, finding genuine issues of material fact preclu
• Woodman v. United States
  764 F. Supp. 1455· M.D. Fla.· 1991-05-21 ·cited 3×
  The court held that the Navy had a mandatory duty to segregate its waste, and the disposal of unauthorized materials like flammable solvents and paint thinners violated this duty, making the discretionary function exception inapplicable.
• Alton Ob-Gyn, Ltd. v. United States
  789 F.2d 515· 7th Cir.· 1986-04-23 ·cited 3×
  Reliance on an agent to file tax returns does not constitute reasonable cause for failure to file timely.
• Payas v. Adventist Health Sys.
  238 So. 3d 887· Fla. 2d DCA· 2018-02-16 ·cited 2×
  Payas, as personal representative of Bernardo Galarza's estate, appealed the dismissal with prejudice of his fourth amended complaint against Celebration Health arising from a paraesophageal hernia repair surgery performed by Dr. Parra-Davila using a surgical robot, during which
• State Farm Mut. Auto. Ins. Co. v. Long
  189 So. 3d 335· Fla. 5th DCA· 2016-04-22 ·cited 2×
  State Farm appeals a $166,000 jury verdict in a motorcycle accident uninsured motorist coverage case, arguing the trial court erred in allowing a physician's assistant to testify as an expert on the need for and cost of future shoulder surgery. The Fifth District reversed and rem
• LaCrise Moody and Julius C. Wilson, III v. Lawnwood Med. Ctr., Inc.
  125 So. 3d 246· Fla. 4th DCA· 2013-03-06 ·cited 2×
  Parents of a minor child appealed summary judgment dismissing their medical malpractice claims against Lawnwood Medical Center following the child's misdiagnosis and subsequent serious complications. The court reversed, holding that settlement releases with the treating physician
• Cont'l Fla. Materials Inc. v. Kusherman
  91 So. 3d 159· Fla. 4th DCA· 2012-04-25 ·cited 2×
  In this construction site accident case, the trial court granted summary judgment for the plaintiff flagman against the cement truck driver and subcontractor, precluding apportionment of fault to other parties. The appellate court reversed, holding that Florida's comparative faul
• Commonwealth Land Title Ins. Co. v. Higgins
  58 So. 3d 280· Fla. 1st DCA· 2011-02-07 ·cited 2×
  The court held that the trial court did not err in certifying the classes because the common question of the appellants' non-delegable duty to price title insurance premiums in accordance with Florida law predominated over individual issues.
• Worthington Cmtys., Inc. v. Mejia
  28 So. 3d 79· Fla. 2d DCA· 2009-12-16 ·cited 2×
  In this construction accident case, Juan Carlos Mejia was catastrophically injured when unbraced steel joists supporting wire mesh bundles collapsed on him. The court affirmed a jury verdict holding Worthington Communities, Inc. (the owner/general contractor) liable for negligenc
• Samuelov v. Carnival Cruise Lines, Inc.
  870 So. 2d 853· Fla. 3d DCA· 2003-12-03 ·cited 2×
  Samuel Samuelov, a cruise passenger, was injured when he slipped and fell on a wet, exposed upper deck of a tender boat while being transported from Carnival's cruise ship to shore for a Mayan ruins excursion. The court held that cruise lines have a non-delegable duty to provide
• Conni Gordon v. Sanders
  692 So. 2d 939· Fla. 3d DCA· 1997-04-09 ·cited 2×
  The court held that the trial court erred in directing verdicts for the defendants because there was sufficient evidence to go to the jury on the issue of non-delegable duty.
• Chaney v. Falling Creek Metal Prods., Inc.
  906 F.2d 1304· 8th Cir.· 1990-07-05 ·cited 2×
  The court held that the jury instructions regarding intervening cause were misleading, creating ambiguity in the jury's findings, and thus a new trial is warranted.
• Charles v. Ellison
  882 F.2d 349· 9th Cir.· 1989-07-31 ·cited 2×
  The court held that Shell owed a duty to Southern Pacific and Ellison to reasonably inspect the tank car, and that a jury could find Shell breached this duty.
• Leighton Empey v. Grand Trunk W. R.R. Co.
  869 F.2d 293· 6th Cir.· 1989-03-09 ·cited 2×
  An employee injured while using employer-provided housing is within the scope of employment under FELA, and a railroad has a non-delegable duty to provide a safe workplace, allowing imputation of third-party negligence.
• United States Fid. & Guar. Co. v. Bass
  619 F.2d 1057· 5th Cir.· 1980-06-25 ·cited 2×
  Under Alabama law, state officials are not individually liable for conversion of state funds by their subordinates if the officials did not personally participate in or authorize the action, and conversion does not lie for non-identifiable funds in a debtor-creditor relationship.
• Sewell v. Phillips Petroleum Co.
  606 F.2d 274· 10th Cir.· 1979-08-24 ·cited 2×
  The court affirmed the prior decision, finding the current appeal to be a belated petition for rehearing.
• Hofer v. Southland Corp. & Travelers Ins. Co.
  370 So. 2d 1246· Fla. 4th DCA· 1979-05-23 ·cited 2×
  A plaintiff employee of an air conditioning subcontractor appealed a directed verdict entered against him in a personal injury action against a property owner. The court affirmed, holding that a property owner is not liable for injuries caused by the negligence of an independent
• Olds v. Pennsalt Chems. Corp.
  432 F.2d 1033· 6th Cir.· 1970-09-30 ·cited 2×
  The court held that a landowner is not liable for injuries to an employee of an independent contractor unless the landowner was negligent or the work was inherently dangerous, and that contract clauses did not create a duty to supervise safety.
• Burnside Shipping Co. v. Fed. Marine Terminals, Inc.
  392 F.2d 918· 7th Cir.· 1968-03-06 ·cited 2×
  A stevedore-employer does not have a direct cause of action against a shipowner for damages incurred due to the shipowner's alleged negligence causing injury or death to the stevedore's employee.
• Hopson v. Texaco, Inc.
  351 F.2d 415· 4th Cir.· 1965-09-15 ·cited 2×
  The court held that the transportation of ill seamen to a consul for discharge and repatriation constituted an "operational activity" under the FELA, making the shipowner liable for the negligence of the taxicab driver acting as its agent.
• O'Leary v. James & Wunderlich
  288 F.2d 462· 9th Cir.· 1961-02-24 ·cited 2×
  The court held that no jury question was presented under either of the plaintiff's theories of liability.
• City OF Villa Rica & S. Natural Gas Co. v. Mrs. Marie Couch and Mrs. Eva Broom
  281 F.2d 284· 5th Cir.· 1960-07-22 ·cited 2×
  The court held that Southern Natural Gas Company had no duty to odorize the gas sold to Villa Rica, as the contract placed this responsibility on Villa Rica, and Southern had no reason to believe Villa Rica would fail to do so. The court also held that Villa Rica was negligent in
• Lyons v. Empressa Hondurena de Vapores, S.A.
  273 F.2d 317· 2d Cir.· 1959-12-18 ·cited 2×
  The court held that the shipowner's duty was to exercise reasonable care, and the jury's finding that the defendant was not negligent was supported by the evidence.
• Bowyer & Johnson Constr. Co. v. White
  255 F.2d 482· 5th Cir.· 1958-05-13 ·cited 2×
  The court held that the contractor was not liable for the subcontractor's negligence in starting a fire that destroyed a church, as the subcontracting was not prohibited and the work was not inherently dangerous. The subcontractor, however, was liable.
• S. Ry. Co. v. Welch
  247 F.2d 340· 6th Cir.· 1957-07-11 ·cited 2×
  The court held that the employer's negligence played a part in the employee's injury, and the employee's failure to request assistance does not bar recovery under the Federal Employers' Liability Act.
• Hrabak v. Madison GAS & Elec. Co.
  240 F.2d 472· 7th Cir.· 1957-01-15 ·cited 2×
  The court held that the trial court erred in its jury instructions regarding the Wisconsin Safe Place Statute, particularly concerning the distinction between assumption of risk and contributory negligence, and the non-delegable duty of the owner. The erroneous instructions were
• Haskell Plumbing & Heating Co. v. Weeks
  237 F.2d 263· 9th Cir.· 1956-10-02 ·cited 2×
  An employer's duty to provide a safe place to work extends to housing furnished to employees, and this duty is non-delegable.
• Connolly v. Weyerhaeuser S.S. Co.
  236 F.2d 848· 2d Cir.· 1956-09-11 ·cited 2×
  The court held that the district court erred in directing a verdict for Nacirema, as there was sufficient evidence for a jury to find Nacirema's active negligence caused the plaintiff's injury.
• Bassett v. NEW York
  235 F.2d 900· 3d Cir.· 1956-07-16 ·cited 2×
  The court held that the defendant railroad was negligent for failing to warn its employee of known track obstructions, and affirmed the judgment. The court also affirmed the dismissal of the plaintiff's appeal regarding his subsequent termination.
• Capitol Chevrolet Co. v. Lawrence Warehouse Co.
  227 F.2d 169· 9th Cir.· 1955-11-01 ·cited 2×
  A party guilty of a tort cannot recover contribution or indemnity from a joint tortfeasor.
• Fireman's Fund Indem. Co. v. United States
  211 F.2d 773· 5th Cir.· 1954-03-31 ·cited 2×
  The court held that the United States is not liable because the stevedores' negligent failure to secure the hatch covers, when adequate means were available, was the sole proximate cause of the injuries.
• Watford by Johnston v. Evening Star Newspaper Co.
  211 F.2d 31· D.C. Cir.· 1954-01-08 ·cited 2×
  The court held that the sponsors of a soap box derby were, as a matter of law, invitors and thus owed a duty of reasonable care to spectators, regardless of whether the event was held on public or private property.
• Bailey v. Zlotnick
  133 F.2d 35· D.C. Cir.· 1942-12-21 ·cited 2×
  The court held that the trial court's dismissal based on a lease violation was erroneous, and that the plaintiff had presented a prima facie case for negligence against Hamburger and potentially Zlotnick.
• Ortega v. Burger King Corp.
  49 Fla. L. Weekly D623· Fla. 3d DCA· 2024-06-19 ·cited 1×
  Plaintiffs Raymond Ortega and Antonio Llerena appealed a summary judgment in favor of Burger King Corporation and the denial of their motion to amend the complaint to add punitive damages claims. The court affirmed, holding that Burger King, as a property owner who hired an indep
• Garcia v. S. Cleaning Serv., Inc.
  360 So. 3d 1209· Fla. 1st DCA· 2023-05-10 ·cited 1×
  The appellate court affirmed a summary judgment for Southern Cleaning Service, Inc. The court held that Garcia, an employee injured at a store, could not sue Southern Cleaning Service for negligence based on a contract between Southern Cleaning Service and the store, because Garc
• Vogel v. Cornerstone Doctors Condo. Ass'n, Inc.
  299 So. 3d 1170· Fla. 2d DCA· 2020-07-08 ·cited 1×
  The appellate court reversed a summary judgment for the defendant condominium association in a premises liability case. The court found that genuine issues of material fact existed regarding whether the association acted reasonably in maintaining its elevator, which malfunctioned
• Tuong Vi Le v. Colonial Freight Sys., Inc.
  291 So. 3d 146· Fla. 1st DCA· 2019-12-04 ·cited 1×
  The appellate court affirmed a lower court's decision, holding that a motor carrier does not have a nondelegable duty to ensure the proper maintenance and repair of its trailers when performed by an independent contractor. The court found no federal regulation or Florida case law