Respondeat Superior

2,254 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Hoffman v. Jones
  280 So. 2d 431· Fla.· 1973-07-10 ·cited 1189×
  The Florida Supreme Court adopted the doctrine of comparative negligence to replace the absolute bar of contributory negligence in tort cases. The Court held that because contributory negligence is a judicial creation that has become inequitable in modern society, courts have the
• Australia Johnson v. Glick
  481 F.2d 1028· 2d Cir.· 1973-06-29 ·cited 547×
  The court held that a single, isolated incident of alleged unnecessary force by a prison guard does not rise to the level of a constitutional deprivation actionable under 42 U.S.C. § 1983.
• Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah
  468 So. 2d 912· Fla.· 1985-04-04 ·cited 535×
  The Florida Supreme Court held that governmental entities retain sovereign immunity from tort liability for negligent building code inspections, rejecting claims by condominium owners against the City of Hialeah. The court concluded that enforcement of police power functions, inc
• S. Cotton Oil Co. v. Anderson
  80 Fla. 441· Fla.· 1920-06-30 ·cited 318×
  The Florida Supreme Court affirmed a judgment for $7,500 against Southern Cotton Oil Company for injuries caused by negligent operation of the company's automobile. The case establishes that automobiles, when operated on public highways, are dangerous instrumentalities making own
• Henson v. City OF Dundee
  682 F.2d 897· 11th Cir.· 1982-08-09 ·cited 303×
  The court's majority opinion stated that an employer is responsible for a hostile environment created by a supervisor only if the employer knew or should have known of the harassment. The dissenting judge disagrees with this standard, arguing employer liability is automatic when
• Marsh v. Butler Cnty.
  268 F.3d 1014· 11th Cir.· 2001-09-26 ·cited 287×
  The Eleventh Circuit reversed the district court's grant of qualified immunity to the Sheriff regarding the abandonment of Owens, finding that the allegations, when reasonably inferred, suggested the deputy acted pursuant to the Sheriff's custom or policy. However, the court affi
• Busby v. City OF Orlando
  931 F.2d 764· 11th Cir.· 1991-05-17 ·cited 266×
• Mercury Motors Express, Inc. v. Smith
  393 So. 2d 545· Fla.· 1981-01-22 ·cited 264×
  Mercury Motors Express appealed a jury verdict awarding $250,000 in punitive damages following a death caused by its employee's reckless driving under the influence. The Florida Supreme Court held that an employer cannot be held vicariously liable for punitive damages under respo
• Ancata v. Prison Health Servs., Inc.
  769 F.2d 700· 11th Cir.· 1985-08-26 ·cited 257×
  The court held that the complaint sufficiently alleged a claim of deliberate indifference to serious medical needs against the medical defendants and that dismissal of claims against the non-medical defendants based solely on respondeat superior was improper, reversing the distri
• Ervine Hargrove v. Town OF Cocoa Beach
  96 So. 2d 130· Fla.· 1957-06-28 ·cited 240×
  The Florida Supreme Court overruled its longstanding doctrine of municipal immunity from tort liability, holding that municipalities may be held liable for negligent acts of police officers under respondeat superior. The court rejected the 18th-century English precedent underlyin
• United Techs. Corp. v. Mazer
  556 F.3d 1260· 11th Cir.· 2009-02-05 ·cited 224×
  United Technologies Corporation sued West-Hem Aircraft Supplies and Aircraft Power Maintenance for theft and sale of Pratt & Whitney aircraft engine blueprints that were stolen by a Pratt employee and sold through West-Hem to APM. The district court dismissed the complaint agains
• Lewis v. Smith
  855 F.2d 736· 11th Cir.· 1988-09-19 ·cited 217×
  The court held that prison officials were not entitled to qualified immunity and that a compensatory damage award for a procedural due process violation was appropriate.
• Banfield v. Addison S. Addington and Daisy T. Addington
  104 Fla. 661· Fla.· 1932-04-05 ·cited 193×
  The Florida Supreme Court held that a married woman operating a beauty shop can be held liable in tort for negligent injuries caused by her employee, despite earlier common law restrictions on married women's legal liability. The court found that modern statutes authorizing marri
• Silberman v. Miami Dade Transit
  927 F.3d 1123· 11th Cir.· 2019-06-17 ·cited 192×
  The Eleventh Circuit held that a plaintiff cannot substitute a proper party on appeal when the original party was never suable, and that amendment of the complaint would be futile if the plaintiff cannot establish deliberate indifference by a high-ranking official.
• Junior Ray Duckworth v. Franzen
  780 F.2d 645· 7th Cir.· 1985-12-17 ·cited 171×
  The court held that the defendants' conduct, even if negligent, did not rise to the level of deliberate indifference or recklessness required to constitute cruel and unusual punishment under the Eighth Amendment.
• Oather Jefferson Samples and Barbara Jackson v. City OF Atlanta & Officer J.M. Oglesby
  846 F.2d 1328· 11th Cir.· 1988-06-13 ·cited 166×
  Summary judgment was inappropriate because genuine issues of material fact exist regarding whether the officer used excessive force and whether the city maintained a policy or custom that led to the constitutional violation.
• Harkless v. The Sweeny Indep. Sch. Dist.
  427 F.2d 319· 5th Cir.· 1970-06-02 ·cited 163×
• Hunter v. Allis-Chalmers Corp.
  797 F.2d 1417· 7th Cir.· 1986-07-30 ·cited 160×
  The court held that sufficient evidence supported the jury's finding of employment discrimination based on racial harassment and retaliatory discharge, and that the damage awards were not excessive.
• Lincoln v. Bd. OF Regents OF THE Univ. Sys. OF Ga.
  697 F.2d 928· 11th Cir.· 1983-02-10 ·cited 160×
  The court held that the majority's rationale allows avoidance of the Dairy Queen rule regarding jury trials in combined legal and equitable actions, and that liability was imposed based on a time-barred discriminatory act, divesting the court of jurisdiction.
• Anderson v. S. Cotton Oil Co.
  73 Fla. 432· Fla.· 1917-02-23 ·cited 160×
  In this 1917 negligence case, the Florida Supreme Court reversed a directed verdict for a corporate defendant in an automobile accident case, holding that the employer's liability for an employee's negligent driving while using the company car with the employer's acquiescence is
• Fisher v. Shenandoah Gen. Constr. Co.
  498 So. 2d 882· Fla.· 1986-11-26 ·cited 152×
  The Florida Supreme Court held that an employer's failure to provide a safe workplace or follow safety regulations, even if willful and wanton, does not constitute an intentional tort under the Workers' Compensation Act. The court clarified that an intentional tort requires a del
• Bell v. City OF Milwaukee
  746 F.2d 1205· 7th Cir.· 1984-09-04 ·cited 145×
  The court held that the district court properly admitted evidence of a conspiracy to conceal the truth and that certain civil rights claims were not time-barred.
• Reed v. Vill. OF Shorewood
  704 F.2d 943· 7th Cir.· 1983-04-05 ·cited 142×
  A liquor license can be considered property for Fourteenth Amendment due process purposes, and the Twenty-First Amendment does not grant absolute immunity to states to restrict First Amendment expression in bars without justification. Local officials acting in judicial or legisla
• Lanza v. Drexel & Co.
  479 F.2d 1277· 2d Cir.· 1973-04-26 ·cited 142×
  The court held that Coleman's conduct constituted reckless disregard for the truth, making him liable under the antifraud provisions of the securities laws.
• Bruszewski v. United States
  181 F.2d 419· 3d Cir.· 1950-04-11 ·cited 141×
  The concurring judge agrees with the result but questions the majority's application of res judicata, suggesting a narrower view of its scope.
• Rolf v. Blyth
  570 F.2d 38· 2d Cir.· 1978-01-03 ·cited 140×
  The court held that a registered representative and his employer are not liable under § 10(b) and Rule 10b-5 for losses suffered by a customer due to an independent investment advisor's fraud, as the representative lacked the requisite scienter.
• Jacksonville v. Peninsular Land
  27 Fla. 1· Fla.· 1891-01-01 ·cited 140×
  Jacksonville, Tampa & Key West Railway Company appeals a jury verdict of $52,909.03 in favor of Peninsular Land, Transportation and Manufacturing Company for damages caused by a fire that destroyed plaintiff's buildings and property in Tavares, Florida on April 9, 1888. The fire
• Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. Smith
  485 F.2d 520· 5th Cir.· 1973-08-28 ·cited 139×
  The court held that the "locality plus" test for admiralty tort jurisdiction requires a significant relationship to traditional maritime activity, considering all circumstances.
• Iberia Hampton v. The City OF Chicago
  484 F.2d 602· 7th Cir.· 1973-08-24 ·cited 137×
  The court held that state law cannot immunize conduct wrongful under federal civil rights statutes, and that prosecutorial conduct in planning a raid is not immune. It also found that allegations of conspiracy to prolong unfounded prosecutions were sufficient to survive a motion
• Dewitt Owens v. Haas
  601 F.2d 1242· 2d Cir.· 1979-07-09 ·cited 136×
  The court held that the plaintiff should be allowed limited discovery and an opportunity to amend his complaint to state a claim for "deliberate indifference" against the county under 42 U.S.C. § 1983, and that his breach of contract claim as a third-party beneficiary should be r
• Modlin v. The City OF Miami Beach
  201 So. 2d 70· Fla.· 1967-04-28 ·cited 136×
  The Florida Supreme Court held that a municipal building inspector owed no duty to an individual member of the public regarding negligent inspection of construction, and therefore neither the inspector nor the city could be held liable for negligent inspection that allegedly allo
• U.S. Concrete Pipe Co. v. Bould
  437 So. 2d 1061· Fla.· 1983-07-07 ·cited 134×
  The Florida Supreme Court resolved a conflict between district court decisions regarding whether an insurer can avoid coverage for punitive damages assessed against an employer on the theory of negligent hiring. The Court held that when a jury verdict for punitive damages does no
• Bannum, Inc. v. City OF Fort Lauderdale
  901 F.2d 989· 11th Cir.· 1990-05-21 ·cited 133×
  The court held that the district court erred in granting summary judgment to the City of Fort Lauderdale on immunity grounds, vacating the judgment and remanding for consideration of constitutional issues and pendent state claims.
• Warner v. Goding
  91 Fla. 260· Fla.· 1926-02-06 ·cited 133×
  The Florida Supreme Court reversed a judgment for personal injury damages against trustees of a water company, holding that the employer could not be held liable under respondeat superior because the employee was acting outside the scope of employment—taking a truck on a "straw r
• Mandel v. John DOE (name unknown
  888 F.2d 783· 11th Cir.· 1989-11-17 ·cited 130×
  The court held that the district court correctly denied the County's motions for directed verdict and judgment notwithstanding the verdict on the issue of deliberate indifference, and affirmed the judgment.
• Finney P. Lynch v. Walker
  159 Fla. 188· Fla.· 1947-06-24 ·cited 130×
  In this automobile negligence case, the Florida Supreme Court held that a bailor-owner of an automobile for hire is liable for injuries caused by the negligent operation of the vehicle by a bailee, even without a master-servant relationship. The court overruled prior precedent li
• Bankers Multiple Line Ins. Co. v. Farish
  464 So. 2d 530· Fla.· 1985-01-24 ·cited 127×
  The Florida Supreme Court resolved a conflict between District Court of Appeal decisions regarding punitive damages instructions in a tortious interference with contract case. The Court held that a trial judge properly granted a new trial on punitive damages due to deficient jury
• Bennett v. City OF Slidell
  728 F.2d 762· 5th Cir.· 1984-04-02 ·cited 124×
  The court held that a municipality can be held liable under section 1983 for the unconstitutional actions of an appointed official if that official's acts represent official policy, even if the municipality's written policies are facially constitutional.
• Bennie Lenard v. Robert Argento & Joseph Sansone
  699 F.2d 874· 7th Cir.· 1983-02-01 ·cited 124×
  The court held that there was insufficient evidence to support the jury's verdict against the Village of Melrose Park for failure to train or supervise its officers, and reversed the conspiracy to obstruct justice conviction due to lack of an overt act. However, it affirmed the j
• City OF Miami v. Roce Simpson
  172 So. 2d 435· Fla.· 1965-02-17 ·cited 124×
  The Florida Supreme Court held that municipalities may be held liable for intentional torts committed by their employees within the scope of employment, applying the doctrine of respondeat superior established in Hargrove v. Town of Cocoa Beach to intentional wrongs as well as ne
• Gulf Ref. Co. v. Wilkinson
  94 Fla. 664· Fla.· 1927-10-19 ·cited 124×
  Gulf Refining Company appealed a judgment holding it jointly liable with Weybrecht for negligence of a truck driver who caused a fire at the plaintiff's mercantile building. The Florida Supreme Court reversed, holding that the truck driver was Weybrecht's employee, not Gulf Refin
• Fla. Power & Light Co. v. Price
  170 So. 2d 293· Fla.· 1964-12-21 ·cited 122×
  Florida Power and Light Company challenged a District Court of Appeal decision that reversed a Circuit Court dismissal and imposed liability on the power company under the dangerous instrumentality and inherently dangerous work doctrines for injuries to an independent contractor'
• Crenshaw Bros. Produce Co., Inc. v. Harper
  142 Fla. 27· Fla.· 1940-02-23 ·cited 115×
  The Florida Supreme Court consolidated two tort cases arising from a single incident where a truck driver negligently operated a motor truck into a railroad crossing, injuring a 19-year-old student helper. The Court affirmed judgments for the plaintiffs, holding that the truck dr
• S. Express Co. v. Williamson
  66 Fla. 286· Fla.· 1913-11-04 ·cited 115×
  Southern Express Company appealed a judgment for damages awarded to Williamson after a heavy casting fell on his foot while he stood at the express company's counter to receipt for a package. The Florida Supreme Court affirmed, holding that the company owed Williamson a duty of r
• Taylor v. James G. Ledbetter, PH.D.
  818 F.2d 791· 11th Cir.· 1987-06-09 ·cited 114×
  The court held that the plaintiff failed to state a claim for deliberate indifference under 42 U.S.C. § 1983 because the complaint did not allege facts showing the defendants had actual knowledge of a substantial risk of harm to the child. The court also held that the Georgia fos
• Garcia v. Duffy
  492 So. 2d 435· Fla. 2d DCA· 1986-07-30 ·cited 113×
  Garcia sued his employer Joule Yacht Company for negligent hiring and retention after being assaulted by an employee whose dog he had accidentally killed. The court affirmed dismissal of the complaint, holding that the employer owed no duty to Garcia because there was no nexus be
• Waltman v. Int'l Paper Co.
  875 F.2d 468· 5th Cir.· 1989-06-16 ·cited 111×
  The court held that the employer may be liable for sexual harassment by coworkers if the employer knew or should have known of the harassment and failed to take prompt remedial action.
• Chauncey L. Moore, Jr. v. The Marketplace Rest., Inc.
  754 F.2d 1336· 7th Cir.· 1985-01-29 ·cited 110×
  The court held that summary judgment should not be granted if the plaintiff alleges an agreement between a private party and law enforcement to violate constitutional rights, and the defendants fail to foreclose the possibility of such an agreement.
• Allen v. Seacoast Prods., Inc.
  623 F.2d 355· 5th Cir.· 1980-08-06 ·cited 110×
  The court held that the trial court properly directed a verdict on liability for the seaman's injuries due to unseaworthiness and Jones Act negligence, and that the damage award was not excessive.
• Williams v. The City OF Valdosta
  689 F.2d 964· 11th Cir.· 1982-10-21 ·cited 108×
  The court held that the district court erred in granting judgment notwithstanding the verdict and a new trial, as the plaintiff presented sufficient evidence for a jury to find that his demotion was in retaliation for protected First Amendment activities.