Non-Delegable Duty

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

• Willis v. Westin Hotel Co.
  884 F.2d 1556· 2d Cir.· 1989-09-11
  The court affirmed the jury's allocation of fault, finding no reversible error in the trial court's rulings that would alter the outcome.
• Hofherr v. Dart Indus., Inc.
  853 F.2d 259· 4th Cir.· 1988-08-05
  The court held that the plaintiffs failed to present sufficient evidence to establish either agency or a non-delegable duty, thus affirming the directed verdict.
• Dickerson, Inc. v. Holloway
  685 F. Supp. 1555· M.D. Fla.· 1987-04-27
  The United States government can be held liable under the Federal Tort Claims Act for the negligent selection and supervision of an independent contractor, even if the contractor's torts are not directly covered by the FTCA, when state law would hold a private party liable for si
• Grim v. Donovan
  498 So. 2d 1050· Fla. 4th DCA· 1986-12-17
  The Florida Fourth District Court of Appeal reversed a trial court's dismissal of a wrongful death action based on sovereign immunity, holding that the complaint adequately stated a cause of action against the South Florida Water Management District for negligently failing to rem
• Schwab v. United States
  649 F. Supp. 1319· M.D. Fla.· 1986-12-15
  The United States is not liable under the FTCA for the negligence of an independent contractor or its employees, nor for the negligent performance of a voluntary undertaking to provide safety inspections, unless the government's involvement rises to the level of a joint endeavor.
• Zink v. Dep't OF Health & Rehabilitative Servs.
  496 So. 2d 996· Fla. 5th DCA· 1986-11-06
  The court reversed summary judgment for the Department of Health and Rehabilitative Services in a foster care injury case, holding that factual disputes regarding the agency's duty to inspect and monitor foster placements preclude summary disposition.
• Cisu OF Fla., Inc. v. Porter
  457 So. 2d 1118· Fla. 1st DCA· 1984-10-12
  A lessor's contractual duty to keep a roof in good repair is non-delegable, and the lessor can be held liable for breach of contract if the roof collapses during repairs performed by an independent contractor.
• Dorothy A. Dessert et vir. v. Elec. Mut. Liab. Ins. Co.
  392 So. 2d 340· Fla. 5th DCA· 1981-01-14
  Plaintiff employee Dorothy Dessert appealed a jury verdict for defendants, contending the trial court erred in instructing the jury to find an "affirmative act" of negligence by her supervisor Morford. The Fifth District affirmed, holding that a supervisor acting in his superviso
• In re the Amended Petition of Alva S.S. Co., Ltd. v. The City OF NEW York
  616 F.2d 605· 2d Cir.· 1980-01-30
  The court held that the shipowner and salvor were negligent and liable for damages, but reversed the finding of negligence against the City of New York. The court reallocated the City's share of liability between the owner and salvor.
• Webb v. OLD Salem, Inc.
  416 F.2d 223· 4th Cir.· 1969-09-24
  The court held that the contract imposed a duty on Old Salem to provide a reasonably safe scaffold system, and this duty was non-delegable.
• McKinley Janice, Jr. v. The Tex. & Pac. Ry. Co., Inc.
  395 F.2d 759· 5th Cir.· 1968-05-29
  A railroad company cannot delegate its statutory duty to maintain a highway crossing in a safe condition, even if a contract assigns maintenance costs to another party.
• Doyle v. Nels Johnson Constr. Co.
  382 F.2d 735· 7th Cir.· 1967-09-14
  The court held that a general contractor who had no notice of a subcontractor's specific negligent practices, beyond the general knowledge that the subcontractor was using an unsafe method, could not be required to contribute to the subcontractor's liability to an injured employe
• McKEE v. The NEW York Cent. R.R. Co.
  355 F.2d 165· 6th Cir.· 1966-01-21
  The court held that the trial court did not err in refusing to instruct the jury on res ipsa loquitur because the plaintiff presented evidence establishing the defect and the defendant's notice.
• Otis Elevator Co. v. Kass Realty Co., Inc.
  353 F.2d 674· 4th Cir.· 1965-11-22
  The court held that the trial court's findings of fact were not clearly erroneous and that Kass's liability in the prior action was based on a nondelegable duty, not its own negligence.
• J. C. Penney Co. v. Westinghouse Elec. Corp.
  351 F.2d 561· 7th Cir.· 1965-10-19
  The court held that Westinghouse contractually assumed liability for accidents directly due to its negligence, entitling Penney to indemnification for judgments arising from such negligence.
• Bruemmer v. The Clark Equip. Co.
  341 F.2d 23· 7th Cir.· 1965-01-26
  This case involves an appeal from an order denying a motion to vacate a final judgment that was entered against the appellant after its attorney failed to appear at a pre-trial conference.
• Dunn v. United States
  327 F.2d 59· 6th Cir.· 1964-01-09
  The court held that the United States is not liable under the Federal Tort Claims Act for an employee's occupational disease contracted while working for an independent contractor.
• Miller v. Concordia Teachers Coll. OF Seward
  296 F.2d 100· 8th Cir.· 1961-11-08
  A non-profit charitable institution is immune from liability for torts and breach of contract claims brought by recipients of its charity, even if the claim arises from a dormitory operation.
• Beverly v. Allied Chem. Corp.
  17 Fla. Supp. 147· Duval Cty. Cir. Ct.· 1961-04-25
  A supplier of a product is not liable for the negligence of an independent contractor who loaded the product into a defective shipping container, absent ratification or direct participation.
• Stancil v. United States
  267 F.2d 268· 4th Cir.· 1959-05-26
  The court held that the case must be remanded for a new trial to clarify whether the general contractor's superintendent had the authority to direct workmen to specific areas, which would create a duty of care for the government.
• The Pure OIL Co. v. Lassing
  222 F.2d 886· 6th Cir.· 1955-06-07
  Pure Oil Company is not liable for the negligence of an employee of its independent contractor (White) when that employee was performing work for a third party (Tipton), not for Pure.
• Arne Armus Lahde v. SOC. Armadora del Norte
  220 F.2d 357· 9th Cir.· 1955-03-16
  A stevedore can maintain a libel in rem against a vessel for injuries caused by the unseaworthiness of the vessel or the negligence of its crew members, even if the owner had no knowledge of the condition or negligence.
• Fort Dodge v. Chicago Great W. Ry. Co.
  197 F.2d 886· 8th Cir.· 1952-07-08
  The court held that the defendant railroad was liable for the negligence of its employee, R. R. Shriver, in operating the interlocking plant, as this negligence was not attributable to the plaintiff railroad under the contract, and the defendant failed to prove its affirmative de
• Chesapeake & O. Ry. Co. v. Clayton & Lambert MFG. Co.
  188 F.2d 68· 6th Cir.· 1951-04-13
  Even if the appellee were found liable to the injured parties, the appellant, having been the active wrongdoer, would only have a right of indemnity against the appellee, not contribution.
• Francis v. Seas Shipping Co., Inc.
  158 F.2d 584· 2d Cir.· 1946-12-16
  The court held that the jury could properly find the shipowner negligent for a cluttered deck that aggravated a pre-existing condition, and that the trial court did not err in its rulings regarding evidence and jury instructions.