Respondeat Superior

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

• Ailshire v. Darnell
  508 F.2d 526· 8th Cir.· 1974-12-31 ·cited 24×
  The court held that the district court erred by treating a motion to dismiss as a motion for summary judgment without providing notice or an opportunity for the plaintiff to respond.
• Merrill Tr. Co. v. Merrill Bradford
  507 F.2d 467· 1st Cir.· 1974-12-05 ·cited 24×
  The court held that the plaintiff failed to prove negligence by the vessel owners, as the specific cause of the stranding and the negligent party could not be identified among the competent passengers who shared responsibility for navigation.
• Goode v. Rizzo
  506 F.2d 542· 3d Cir.· 1974-11-01 ·cited 24×
  The court affirmed the injunctive relief granted by the district court but vacated and remanded the award of counsel fees for further proceedings due to lack of clear explanation.
• Burger Chef Sys., Inc. v. Govro
  407 F.2d 921· 8th Cir.· 1969-02-25 ·cited 24×
  The court held that the trial court did not err in submitting the agency issue to the jury, admitting the hearsay statement, or refusing the defendant's requested jury instruction, and that any alleged errors regarding prejudice were harmless.
• McCOLLUM v. Orvil Smith and Chan C. Wilson
  339 F.2d 348· 9th Cir.· 1964-11-25 ·cited 24×
  The court held that the jury could rationally conclude the machinery-leasing company retained the right to control the crane's operation, making a directed verdict improper.
• Allen v. Int'l Alliance of Theatrical
  338 F.2d 309· 5th Cir.· 1964-10-23 ·cited 24×
  A union member is deprived of a 'full and fair hearing' when charged with violating an inapplicable union rule and found guilty, entitling them to relief.
• Fisher v. The City OF Miami
  160 So. 2d 57· Fla. 3d DCA· 1964-01-28 ·cited 24×
  Fisher sued the City of Miami for injuries from an alleged intentional beating by police officers during arrest. The court reversed summary judgment for the city and held that while municipalities can be liable for intentional torts of their officers under respondeat superior, pu
• Thurston v. Morrison
  141 So. 2d 291· Fla. 2d DCA· 1962-05-18 ·cited 24×
  In this negligence action arising from a fatal automobile collision, the court reversed a directed verdict for the defendant employer, holding that whether an outside salesman was acting within the scope of employment when traveling to a customer appointment presented a jury ques
• Gordon v. City OF Belle Glade
  132 So. 2d 449· Fla. 2d DCA· 1961-08-23 ·cited 24×
  Gordon appealed a summary judgment dismissing his claims against the City of Belle Glade for assault, battery, false arrest, false imprisonment, and malicious prosecution following an alleged unlawful arrest by city police officers. The court affirmed on two independent grounds:
• Mrs. Robert F. Callaway v. Garber
  289 F.2d 171· 9th Cir.· 1961-04-21 ·cited 24×
  The court held that the Feres doctrine bars recovery for injuries to servicemen when those injuries arise out of or are in the course of activity incident to service, regardless of the specific circumstances.
• Harris v. Boreham
  233 F.2d 110· 3d Cir.· 1956-04-30 ·cited 24×
  The court held that the Superintendent of Public Works for the Municipality of St. Thomas and St. John was not an employee of the United States for purposes of the Federal Tort Claims Act, and that he was not personally liable for the plaintiff's injuries due to a lack of notice.
• Murphey v. United States
  179 F.2d 743· 9th Cir.· 1950-01-25 ·cited 24×
  The court held that the driver of an army truck, while using it for personal recreation, was not acting within the scope of his employment under the Federal Tort Claims Act, even if such recreation indirectly benefited morale.
• Myrick v. Lloyd
  158 Fla. 47· Fla.· 1946-10-22 ·cited 24×
  A father was held liable for injuries to a minor child caused by his son's automobile, based on an agency relationship and the son's admission of fault made to the parents en route to the hospital. The court affirmed the judgment, holding that the son was acting as the father's a
• The Home Ins. Co. of N.Y. v. Handley
  120 Fla. 226· Fla.· 1935-06-27 ·cited 24×
  The Home Insurance Company appeals a judgment for conversion of an insurance policy. The Florida Supreme Court affirmed the judgment, holding that when an insurance company and its agent jointly participate in the wrongful conversion of an insurance policy, the acquittal of the a
• Powell v. Gardner
  891 F.2d 1039· 2d Cir.· 1989-12-13 ·cited 23×
  The court held that the evidence was sufficient to allow a jury to find that Officer Gardner used excessive force, thus reversing the directed verdict against him. However, the court affirmed the directed verdict for the County on the § 1983 claim due to lack of evidence of a mun
• Cullen Reed Peppers v. Coates
  887 F.2d 1493· 11th Cir.· 1989-11-13 ·cited 23×
  The court held that it has jurisdiction to review the denial of qualified immunity and that the plaintiff failed to raise a genuine issue of material fact regarding the defendant's involvement in alleged constitutional violations.
• Cheryll Gray v. Cnty. OF Dane
  854 F.2d 179· 7th Cir.· 1988-07-28 ·cited 23×
  The court held that the plaintiff failed to state a claim under section 1983 because her allegations did not establish a municipal policy or custom of discrimination and retaliation, and that her appeal regarding the Title VII dismissal was moot.
• Walsingham v. Browning
  525 So. 2d 996· Fla. 1st DCA· 1988-05-25 ·cited 23×
  A voluntary dismissal with prejudice of a claim against an employee, as part of a settlement, does not preclude a claim against the employer for negligent supervision of that employee.
• Bennett v. Corroon & Black Corp.
  845 F.2d 104· 5th Cir.· 1988-05-12 ·cited 23×
  The court affirmed summary judgment for the employer, holding that while the harassment was actionable, no equitable relief was available under Title VII for the plaintiff's requested damages.
• Headley v. Bacon
  828 F.2d 1272· 8th Cir.· 1987-09-09 ·cited 23×
  The court held that police officials sued in their individual capacities were not in privity with the city in a prior Title VII action, and thus res judicata did not bar the current damages claims. Privity for claims against officials in their official capacities requires further
• Perez v. Zazo
  498 So. 2d 463· Fla. 3d DCA· 1986-08-19 ·cited 23×
  A Florida appellate court reversed a jury verdict finding a landlord liable for his apartment manager's unprovoked stabbing of a tenant, holding that the manager's intentional assault fell outside the scope of employment as a matter of law and therefore respondeat superior liabil
• Sanders v. Kennedy
  794 F.2d 478· 9th Cir.· 1986-07-14 ·cited 23×
  The district court erred in dismissing the Fourth and Fourteenth Amendment claims under § 1983, as the Parratt analysis is inapplicable to Fourth Amendment claims and due process claims challenging established policies, and in dismissing supervisory officials when liability was a
• Dist. Council 47 v. Bradley
  795 F.2d 310· 3d Cir.· 1986-07-09 ·cited 23×
  The dissenting judge argues that the majority erred in excusing deficient pleadings and the failure to seek leave to amend, asserting that civil rights claims require specific factual allegations tying defendants to the alleged deprivations.
• Jasinski v. R.A. Adams
  781 F.2d 843· 11th Cir.· 1986-02-03 ·cited 23×
  The denial of a motion for summary judgment based on qualified immunity is an appealable final decision, and the district court properly denied summary judgment as factual disputes existed regarding probable cause for a search and the reasonableness of a checkpoint's location.
• Brown v. Reardon
  770 F.2d 896· 10th Cir.· 1985-08-19 ·cited 23×
  The court held that plaintiffs failed to present specific evidence of a policy for summary judgment, but that the trial court erred in directing a verdict on the First Amendment claim due to sufficient circumstantial evidence of official knowledge and participation.
• Mechele Vinson v. Taylor
  753 F.2d 141· D.C. Cir.· 1985-01-25 ·cited 23×
  An employer is liable under Title VII for a supervisor's sexual harassment of an employee, even without actual knowledge of the harassment, because the supervisor acts as the employer's agent.
• Post Tensioned Eng'g Corp. & Commercial Constr. Corp. v. Fairways Plaza Assocs.
  429 So. 2d 1212· Fla. 3d DCA· 1983-03-01 ·cited 23×
  Commercial Construction Corp. sought review of a trial court order lifting a stay of proceedings against non-arbitrating defendants. The Third District Court of Appeal held that while litigation against the design engineer could proceed, litigation against Commercial's subcontrac
• Soad R. Iskander v. Vill. OF Forest Park & Zayre, Inc.
  690 F.2d 126· 7th Cir.· 1982-10-05 ·cited 23×
  The court held that a private corporation cannot be held liable under § 1983 based solely on respondeat superior; liability requires proof of an impermissible policy. The court also found that erroneous jury instructions regarding municipal liability and strip search reasonablene
• Douthit v. Jones
  641 F.2d 345· 5th Cir.· 1981-04-03 ·cited 23×
  The court held that the sheriff's liability under 42 U.S.C. § 1983 for unlawful incarceration by subordinates requires personal involvement or a causal connection, not mere vicarious liability. Sheriff's liability under Texas common law for deputies' acts requires further factual
• Hooper Alexander, III v. Alterman Transp. Lines, Inc.
  350 So. 2d 1128· Fla. 1st DCA· 1977-10-19 ·cited 23×
  The court addresses whether an employer can be held liable for punitive damages under respondeat superior based solely on an employee's criminal acts. The court grants certiorari and remands for the plaintiff to amend his complaint with more specific allegations about the employe
• Luddie Fort and James Bookwalter v. White
  530 F.2d 1113· 2d Cir.· 1976-02-09 ·cited 23×
  The court held that compensatory and punitive damages were properly denied due to lack of proof and employer's lack of culpability, but attorneys' fees should be awarded in the trial court's discretion.
• The HERTZ Corp. v. Ralph M. Parsons Co.
  419 F.2d 783· 5th Cir.· 1969-11-20 ·cited 23×
  Hertz is entitled to indemnification for amounts exceeding the insurance policy limits, but the defense of bad faith and conflict of interest requires further consideration by the district court.
• The B. F. Goodrich Tire Co. v. Lyster
  328 F.2d 411· 5th Cir.· 1964-02-07 ·cited 23×
  The court held that the trial judge abused his discretion by excluding a deposition, and that the manager's actions could be found to be within the scope of employment.
• Coleen Pesce v. Eli Linaido and Ronny Molko
  123 So. 2d 747· Fla. 3d DCA· 1960-10-31 ·cited 23×
  Coleen Pesce appeals a summary judgment dismissing her negligence action against Ronny Molko and his employer Eli Linaido arising from an automobile accident. The trial court granted summary judgment based on Pesce's failure to file a compulsory counterclaim in a prior 'friendly
• Hewitt v. Venable
  109 So. 2d 185· Fla. 3d DCA· 1959-02-24 ·cited 23×
  A plaintiff injured when his vehicle struck a railroad engine at an intersection with a traffic control signal appeals the dismissal of his negligence claim against the City of Miami. The Florida District Court of Appeal holds that municipalities are now liable for negligent acts
• Dieas v. Assocs. Loan Co.
  99 So. 2d 279· Fla.· 1957-12-18 ·cited 23×
  This case is an appeal from a summary judgment granted to a defendant loan company in an action for damages due to an alleged tort committed by the company's agent upon the plaintiff during a debt collection attempt.
• Venuto v. Robinson
  118 F.2d 679· 3d Cir.· 1941-03-14 ·cited 23×
  The court held that even if the driver was an independent contractor, the company could still be liable for his negligence because the work involved an unreasonable risk of harm and was subject to regulation.
• Hernandez v. Tallahassee Med. Ctr., Inc.
  896 So. 2d 839· Fla. 1st DCA· 2005-02-23 ·cited 22×
  Tracey Hernandez, a surgical nurse with epilepsy, sued her employer Tallahassee Medical Center for negligence and intentional infliction of emotional distress after suffering a seizure while driving to work at the employer's insistence. The court affirmed dismissal of both counts
• Stires v. Carnival Corp.
  243 F. Supp. 2d 1313· M.D. Fla.· 2002-11-21 ·cited 22×
  The court held that while some claims were dismissed without prejudice, allowing amendment, others were dismissed with prejudice, and punitive damages and attorney's fees were not recoverable under maritime law as pleaded.
• Ayers v. Wal-Mart Stores, Inc.
  941 F. Supp. 1163· M.D. Fla.· 1996-07-29 ·cited 22×
  The court granted summary judgment for Wal-Mart on the Florida Civil Rights Act claim, intentional infliction of emotional distress, respondeat superior liability, and punitive damages, finding the plaintiff failed to meet statutory requirements or sufficiently allege actionable
• Johns v. G. Truett Jarrard, Jr., M.D.
  927 F.2d 551· 11th Cir.· 1991-03-25 ·cited 22×
  The court held that the district court did not err in answering the jury's question 'No' because the question concerned a non-issue with no supporting evidence.
• Davis v. Mason Cnty.
  927 F.2d 1473· 9th Cir.· 1991-03-12 ·cited 22×
  The court held that the sheriff is not the final policymaker for deputy training under Washington law, and the jury instructions on municipal liability did not meet the deliberate indifference standard required by Canton v. Harris.
• Buffington v. Baltimore Cnty.
  913 F.2d 113· 4th Cir.· 1990-07-31 ·cited 22×
  The court held that while the Due Process Clause imposes an affirmative duty of care on the state for individuals in its custody, the evidence was insufficient to establish that Baltimore County's failure to train its officers in suicide prevention was the proximate cause of the
• Santiago v. Fenton
  891 F.2d 373· 1st Cir.· 1989-12-11 ·cited 22×
  The court held that the district court did not abuse its discretion in granting protective orders, that summary judgment for the city and police chief was appropriate, but that directed verdicts for one officer on claims of false arrest, imprisonment, and civil rights violations
• Thompson v. City OF LOS Angeles
  885 F.2d 1439· 9th Cir.· 1989-09-18 ·cited 22×
  The court held that the University of California Regents, as an arm of the state, is not a 'person' amenable to suit under 42 U.S.C. § 1983. The court also held that while the County's strip search, x-ray, and blood test policies were reasonable, its failure to provide a bed or m
• Worsham v. The City OF Pasadena
  881 F.2d 1336· 5th Cir.· 1989-08-31 ·cited 22×
  The court held that a plaintiff must be given an opportunity to prove that a municipality's policymakers absolutely delegated final policymaking authority to a subordinate official, even if positive law suggests otherwise, by demonstrating a custom or usage of abdicating review p
• Ware v. Unified Sch. Dist. NO. 492
  881 F.2d 906· 10th Cir.· 1989-08-04 ·cited 22×
  The dissenting judge would affirm the district court's grant of a directed verdict and judgment notwithstanding the verdict, finding the evidence insufficient to support the plaintiff's claim.
• Martin v. Sheriff Richard Tyson
  845 F.2d 1451· 7th Cir.· 1988-05-09 ·cited 22×
  The court held that the amended complaint sufficiently suggested the incorporation of a previously omitted claim regarding denial of access to newspapers.
• Muratore v. M/S Scotia Prince
  845 F.2d 347· 1st Cir.· 1988-04-19 ·cited 22×
  A carrier is not liable for punitive damages for the intentional infliction of emotional distress by its employees unless the carrier authorized, ratified, or was aware of the misconduct, or the employees were in managerial positions.
• Yellow BUS Lines, Inc. v. Drivers
  839 F.2d 782· D.C. Cir.· 1988-02-12 ·cited 22×