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955 So. 2d 1·
Fla. 4th DCA·
2007-03-07
·cited 1×
In this wrongful death medical malpractice case, the trial court excluded expert testimony regarding vagus nerve stimulation and resuscitation efforts, finding the testimony outside the scope of pretrial expert designations or cumulative. The Fourth District Court of Appeal rever
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701 So. 2d 113·
Fla. 3d DCA·
1997-10-22
·cited 1×
This case involves a construction worker's injury and subsequent lawsuit against multiple parties. The appellate court reversed a lower court's judgment, finding that contractual indemnification provisions only covered vicarious liability, and there was no evidence of such liabil
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942 F.2d 1048·
6th Cir.·
1991-08-27
·cited 1×
Under Ohio's common law of indemnity and the sidetrack agreement, Sorg Paper was obligated to fully indemnify Conrail because Sorg Paper created the dangerous condition and Conrail's negligence was only passive and not the primary cause of the injury.
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550 So. 2d 499·
Fla. 1st DCA·
1989-10-11
·cited 1×
In this medical malpractice case, the Florida District Court of Appeal reversed and remanded a jury verdict for a pediatrician, holding that the trial court erred in refusing to allow the jury to consider whether the physician was liable for the negligent acts of a covering physi
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776 F.2d 817·
9th Cir.·
1985-11-13
·cited 1×
The court held that the plaintiff's generalized allegations of defective design did not constitute a well-pleaded claim of negligence against the shipowner, and thus the trial court did not err in striking the claim.
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Fla. 6th DCA·
2026-06-05
Contractual indemnity claims are governed by the express terms of the indemnification agreement, not by whether the indemnitee owed a tort duty to third parties, and a defendant seeking summary judgment must either produce evidence negating the claim or point out that the nonmovi
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S.D. Fla.·
2025-11-20
The court held that a plaintiff must allege facts supporting notice of a risk-creating condition to survive a motion to dismiss a maritime negligence claim, even when asserting theories of vicarious liability or non-delegable duty, unless the defendant created the condition.
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S.D. Fla.·
2025-11-18
The court held that the plaintiff failed to present sufficient evidence to establish negligence or vicarious liability against the cruise line for injuries sustained on a gangway.
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Fla. 1st DCA·
2025-02-26
A Florida appellate court reversed the trial court's denial of motions to dismiss for lack of personal jurisdiction in a wrongful death action arising from a trucking accident. The court held that the plaintiff failed to allege sufficient jurisdictional facts under Florida's long
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Fla. 1st DCA·
2025-02-26
In an interlocutory appeal, the Florida First District Court of Appeal reversed the trial court's denial of defendants' motions to dismiss for lack of personal jurisdiction in a wrongful death action. The court found that while the accident occurred near the Georgia-Florida borde
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M.D. Fla.·
2025-02-14
The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding the defendant's actual or constructive notice of the liquid substance, and thus summary judgment for the defendant was granted.
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M.D. Fla.·
2024-06-27
The court held that Plaintiff adequately alleged a Section 1983 claim against Sheriff Wells and Manatee County for deliberate indifference, but granted dismissal of punitive damages claims against Sheriff Wells and Manatee County.
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S.D. Fla.·
2023-07-26
The court held that the plaintiff's claims for misleading advertising, negligent misrepresentation, negligent selection/retention, negligent failure to warn, general negligence, and apparent agency were sufficiently pled to survive a motion to dismiss.
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S.D. Fla.·
2023-05-26
The court held that the defendants' counterclaims for tort indemnity and equitable contribution failed because their liability as shipowners for unseaworthiness and under the Jones Act is direct and absolute, not vicarious.
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S.D. Fla.·
2023-05-25
The court held that the plaintiffs' claims were not barred by DOHSA, the complaint was not a shotgun pleading, and most claims were sufficiently pleaded to survive a motion to dismiss.
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Fla. 2d DCA·
2023-03-08
A landowner who leases parking spaces on commercial property owes no duty to a lessee's invitee to prevent mechanical repairs from being performed on the leased premises or to implement safeguards against injuries arising from such repairs, where the landowner did not create or c
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S.D. Fla.·
2022-10-28
The court held that the insurance policy's additional insured endorsement requires allegations of vicarious liability to trigger a duty to defend, and the underlying complaint alleged only direct negligence against the City.
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M.D. Fla.·
2022-09-23
The court denied motions to dismiss filed by the Department of Corrections and Centurion, finding that the plaintiff adequately alleged claims for negligent supervision and deliberate indifference, and also denied Centurion's motion to dismiss the claim for punitive damages.
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S.D. Fla.·
2022-03-08
The court held that it has specific personal jurisdiction over the defendant because the defendant's agent conducted business in Florida, and the cause of action arose from those activities, satisfying both the state's long-arm statute and the federal Due Process Clause.
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M.D. Fla.·
2021-08-12
The court held that the Florida Department of Corrections (FDOC) cannot be held liable under a non-delegable duty theory for medical negligence, as Florida law permits delegation of medical care and FDOC's liability arises from vicarious responsibility for its agents' actions.
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M.D. Fla.·
2020-11-24
A nurse registry is not liable for the negligence of an independent contractor caregiver it refers, provided the registry complies with statutory background check requirements and does not exercise control over the caregiver's work.
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M.D. Fla.·
2020-11-23
A nurse registry is not liable for the negligence of a caregiver it refers as an independent contractor, absent specific exceptions not met here, especially when state law mandates the independent contractor classification.
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S.D. Fla.·
2020-05-08
The court held that genuine issues of material fact preclude summary judgment on claims involving contract interpretation, delegation of security duties, caveat lessee, and insurance coverage.
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301 So. 3d 343·
Fla. 3d DCA·
2020-02-26
This case concerns a plaintiff injured on a condominium dock. The appellate court affirmed the trial court's decision regarding the allocation of fault among parties but reversed the denial of joint and several liability for the condominium association concerning the damages caus
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M.D. Fla.·
2020-01-22
The court held that a claim for declaratory judgment seeking to adjudicate past conduct is an advisory opinion and does not present an actual controversy under the Declaratory Judgment Act.
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247 So. 3d 639·
Fla. 1st DCA·
2018-05-16
Highwoods Properties appealed the denial of its motion for final judgment seeking indemnity from Schindler Elevator Company for a $510,000 settlement payment made to injured elevator passengers. The court reversed the lower court's determinations that Highwoods's cross-claim was
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M.D. Fla.·
2015-06-17
The court held that the insurance policy's "Testing Exclusion" unambiguously applied to the allegations in the underlying lawsuits, precluding coverage.
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Del. Super. Ct.·
2007-09-18
The court held that First South, as an excavator under the Underground Utility Damage Prevention and Safety Act, was liable to Delmarva for damages to its utility lines. This liability stemmed from First South's failure to discharge its statutory duties, including the requirement
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965 So. 2d 240·
Fla. 3d DCA·
2007-09-12
West Boca Medical Center appeals a jury verdict awarding damages to a labor and delivery nurse who slipped and fell on a wet floor marked as ready for patient use. The court affirms the verdict in all respects, rejecting the hospital's arguments regarding alleged inconsistencies
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909 So. 2d 438·
Fla. 1st DCA·
2005-08-23
The Duval County School Board appeals a summary judgment holding it liable in tort for injuries caused by a school bus operated by an independent contractor. The court reverses, holding that section 234.03(1) does not impose a non-delegable duty on school boards regarding student
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363 F. Supp. 2d 1342·
M.D. Fla.·
2005-03-24
The court held that the third-party defendants' argument that CSXT's indemnity claim was barred by a logical paradox failed because CSXT could be held liable under FELA for the active negligence of a third party, and Florida indemnity law allows claims where the seeking party's l
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860 So. 2d 512·
Fla. 4th DCA·
2003-12-03
The court held that the car accident was not the proximate cause of the club's requirement to install a fire sprinkler system, as the club had an independent duty to comply with the Life Safety Code prior to the accident.
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870 So. 2d 42·
Fla. 2d DCA·
2003-09-26
The court held that the trial court erred by refusing to instruct the jury on the nondelegable duty of a crane owner/operator when there was evidence that a delegated task was performed negligently.
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851 So. 2d 785·
Fla. 1st DCA·
2003-07-17
A homeowner is not vicariously liable for the physical tortious conduct of a real estate agent, who is considered an independent contractor, unless the premises themselves were unsafe.
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2000 U.S. Dist. LEXIS 20087·
M.D. Fla.·
2000-09-21
The court held that plaintiffs' counsel may conduct ex parte interviews with current and former employees of the Department of Corrections, subject to specific guidelines and protective measures.
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763 So. 2d 450·
Fla. 4th DCA·
2000-06-14
Reliance Insurance Company appeals a judgment requiring it to provide coverage under a contingent lessor's policy after a repossessed vehicle was involved in a fatal accident. The court holds that the lessor regained custody of the vehicle when an independent contractor repossess
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760 So. 2d 120·
Fla.·
2000-05-18
The Florida Supreme Court formally abolished the "standing train doctrine," which had previously barred recovery for accidents involving trains at railroad crossings. The Court held that the doctrine is incompatible with Florida's comparative negligence system and is anachronisti
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38 F. Supp. 2d 986·
N.D. Fla.·
1998-09-01
The court held that the United States is shielded from liability by the discretionary function exception to the Federal Tort Claims Act, thus dismissing the plaintiff's claims for lack of jurisdiction.
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960 F. Supp. 1577·
M.D. Fla.·
1996-12-30
The court held that genuine issues of material fact exist regarding whether the defendants acted with deliberate indifference to the serious medical needs of the inmate, thus denying their motions for summary judgment.
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648 So. 2d 1264·
Fla. 4th DCA·
1995-02-01
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979 F.2d 66·
5th Cir.·
1992-12-15
The court held that a taxpayer who knew of the source of community income, even if not the exact amount, and was aware of her husband's financial irresponsibility, did not qualify for innocent spouse relief and was liable for additions to tax for negligence and failure to file.
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970 F.2d 1081·
2d Cir.·
1992-07-23
The court held that the district court erred by not submitting the issue of scope of employment to the jury for both the conversion and assault claims, and that the jury instructions regarding plaintiff Gray's absence and damages were also flawed.
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957 F.2d 108·
4th Cir.·
1992-02-20
The court held that the Federal Tort Claims Act's independent contractor exception shields the United States from liability for the negligence of an independent contractor, even if state law imposes a nondelegable duty on landowners. However, the court remanded the case to consid
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951 F.2d 907·
8th Cir.·
1991-12-18
The dissent argues the majority misapplied Nebraska law regarding nondelegable duty and the Bureau's negligence in an inherently dangerous situation.
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939 F.2d 839·
9th Cir.·
1991-07-29
An employer is not vicariously liable for the negligence of an independent contractor regarding ordinary risks, such as malfunctioning brakes or overloading a truck, unless a statute imposes a nondelegable duty or the work involves peculiar risks.
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927 F.2d 1099·
9th Cir.·
1991-03-12
The United States, as an employer of an independent contractor, does not owe a nondelegable duty under Nevada tort law to the contractor's employees for injuries arising from a dangerous condition that is a necessary consequence of the work, especially when the contractor is comp
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576 So. 2d 340·
Fla. 5th DCA·
1991-02-14
The court held that material questions of fact existed regarding the scope of the bank's contractual duties to repair the roof and its liability for negligent repairs, precluding summary judgment.
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914 F.2d 191·
9th Cir.·
1990-09-17
Montana law imposes a nondelegable duty on project owners to ensure a safe workplace for employees engaged in inherently dangerous activities, and the United States, as project owner, can be liable under the FTCA for breaching this duty through its own employees' negligence.
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558 So. 2d 457·
Fla. 4th DCA·
1990-03-07
Wendy Clifton Gaska brought a wrongful death action against Exxon Corporation and Everglades Land Company after her husband was killed attempting to cut open a gasoline storage tank with a power saw. The trial court granted summary judgment for both defendants, but the appellate
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889 F.2d 182·
8th Cir.·
1989-11-14
The court affirmed the summary judgment, holding that Mini Mart's purchase of the tanks 'as is' in the second contract barred its claims for negligence, violation of a regulatory statute, and breach of contract related to installation defects.