Respondeat Superior

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

• Rawleigh C. Wilson v. The Civil Town OF Clayton
  839 F.2d 375· 7th Cir.· 1988-02-03 ·cited 22×
  The court held that the Parratt doctrine, which allows dismissal of procedural due process claims when an adequate post-deprivation state remedy exists for random and unauthorized acts, does not apply to claims against municipalities acting under official policy or to claims wher
• Tippecanoe Beverages, Inc. v. S.A. EL Aguila Brewing Co.
  833 F.2d 633· 7th Cir.· 1987-11-02 ·cited 22×
  The court held that El Aguila is liable for breach of contract and conversion, and that the plaintiff is entitled to treble damages under Indiana law, as the agent's actions were within the scope of his apparent authority.
• Villante v. Dep't OF Corr. OF the City OF NEW York
  786 F.2d 516· 2d Cir.· 1986-03-19 ·cited 22×
  The court held that the district court abused its discretion by denying discovery and improperly granting summary judgment on the sexual assault claim, but correctly dismissed the wrongful confinement claim.
• O'Quinn v. Manuel
  773 F.2d 605· 5th Cir.· 1985-08-05 ·cited 22×
  The court held that the district court erred in dismissing the complaint for failure to state a claim, as the plaintiff's allegations, if true, could establish a violation of his constitutional rights. However, the dismissal for failure to state a claim is affirmed, but the case
• Brown v. Winn-Dixie Montgomery, Inc.
  469 So. 2d 155· Fla. 1st DCA· 1985-05-07 ·cited 22×
  The Florida District Court of Appeal affirmed summary judgment for Winn-Dixie Montgomery, Inc., holding that the exclusive remedy provisions of the Florida Workers' Compensation Act bar the employee's tort claims against her employer for battery and intentional infliction of emot
• Marchese v. Lucas
  758 F.2d 181· 6th Cir.· 1985-04-03 ·cited 22×
  The court held that a sheriff and county can be liable under 42 U.S.C. § 1983 for a prisoner's injuries resulting from excessive force if such injuries were inflicted pursuant to an official policy or custom of failing to train, discipline, or investigate misconduct.
• Hahn v. McLEY
  737 F.2d 771· 8th Cir.· 1984-06-29 ·cited 22×
  The court held that the district court's finding of personal liability for supervisors was clearly erroneous, as there was no evidence of their direct involvement or deliberate indifference to the prisoner's medical needs.
• Jordan v. Medley
  711 F.2d 211· D.C. Cir.· 1983-06-14 ·cited 22×
  The court held that the trial court erred in instructing the jury that Larry Medley was acting within the scope of his employment, and in admitting evidence of Larry Medley's criminal charges. The court also found insufficient evidence for punitive damages against Mrs. Medley.
• de Tore v. Local # 245 OF the Jersey City Pub. Emps. Union
  615 F.2d 980· 3d Cir.· 1980-02-28 ·cited 22×
  The court affirmed summary judgment for the Secretary of Labor, finding no basis for liability, but vacated the summary judgment for city defendants and remanded for clarification of the lower court's reasoning on remaining claims.
• Naisbitt v. The United States
  611 F.2d 1350· 10th Cir.· 1980-01-02 ·cited 22×
  The court held that claims arising from assaults committed by government employees are barred by 28 U.S.C. § 2680(h), even if framed as negligence, because the intentional tort is imputed to the government.
• The Carolina Cas. Ins. Co. v. The Ins. Co. OF N. Am.
  595 F.2d 128· 3d Cir.· 1979-03-05 ·cited 22×
  Federal motor carrier regulations do not alter parties' rights to contribution or impose primary duty on a lessee to pay a lessor's judgment; insurance contract interpretation requires state law analysis.
• Sterling v. Vill. OF Maywood
  579 F.2d 1350· 7th Cir.· 1978-07-07 ·cited 22×
  The court held that the facts of the case do not rise to the level of a constitutional question, and the complaint should be dismissed.
• Raymond C. Rieser for the Estate and Personal Representative of Rebecca A. Rieser v. Dist. OF Columbia
  563 F.2d 462· D.C. Cir.· 1977-08-15 ·cited 22×
• Proietti v. Levi
  530 F.2d 836· 9th Cir.· 1976-02-11 ·cited 22×
  The district court erred by conducting a de novo evidentiary hearing instead of reviewing the administrative record under the arbitrary and capricious standard.
• Leonard Duckworth, Inc. v. Michael L. Field & Co.
  516 F.2d 952· 5th Cir.· 1975-08-01 ·cited 22×
  The court held that defendants tortiously interfered with plaintiffs' reasonable expectancy of a real estate commission by inducing the seller not to enter into a contract with plaintiffs, and that the subsequent failure to consummate the sale did not preclude recovery.
• Dunham v. Crosby
  435 F.2d 1177· 1st Cir.· 1970-12-18 ·cited 22×
  The court held that the superintendent's actions denied the teacher procedural rights, but the school board members were not liable for conspiracy or under respondeat superior.
• White OAK Coal Co., Inc. v. United Mine Workers OF Am.
  318 F.2d 591· 6th Cir.· 1963-05-24 ·cited 22×
  The court held that there was sufficient evidence to support the jury's finding that the Union was liable for the destruction of the company's property and damage to its business, including violations of federal and state statutes.
• Drewery v. Daspit Bros. Marine Divers, Inc.
  317 F.2d 425· 5th Cir.· 1963-05-08 ·cited 22×
  The court held that the indemnity agreement's exception for the contractor's negligence did not apply when the injured employee's own negligence caused the loss, thus the contractor was obligated to indemnify the indemnitee.
• Cooner v. United States
  276 F.2d 220· 4th Cir.· 1960-03-01 ·cited 22×
  The court held that under New York law, the United States was liable under the Federal Tort Claims Act for the negligence of a military officer driving his own vehicle between duty stations, as he was acting within the scope of his employment.
• Thompson v. Lillehei
  273 F.2d 376· 8th Cir.· 1959-12-28 ·cited 22×
  The court held that the plaintiffs failed to present sufficient evidence of actual negligence or vicarious liability to create a jury issue, and that no prejudicial errors were made in evidentiary rulings.
• Murray Grayson & S. Freightways, Inc. v. Williams
  256 F.2d 61· 10th Cir.· 1958-05-21 ·cited 22×
  The court held that a diagram intended as a fair representation of accident scene facts was admissible, and that an employee's admissions concerning an accident within the scope of employment are admissible against the employer.
• Thomas v. Malco Refineries, Inc.
  214 F.2d 884· 10th Cir.· 1954-08-03 ·cited 22×
  The Uniform Contribution Among Tortfeasors Act did not abrogate the common law right to indemnity, and a party only vicariously liable can seek indemnity from the actively negligent party.
• Riddle v. Aero Mayflower Transit Co.
  73 So. 2d 71· Fla.· 1954-06-04 ·cited 22×
  Anna Lou Riddle sued Aero Mayflower Transit Co. for an alleged willful assault committed by an employee in the plaintiff's home during a furniture moving job. The Florida Supreme Court affirmed judgment for the defendant, holding that a corporation cannot be held liable for an em
• Glens Falls Indem. Co. v. Atl. BLDG. Corp.
  199 F.2d 60· 4th Cir.· 1952-09-25 ·cited 22×
  The insurer is liable for the settlement and attorney fees because the assault, though committed by the president, was not committed by or at the direction of the insured corporation in its executive capacity. The dismissal of the insurer's third-party claim against the employee
• Apex Smelting Co. v. Burns
  175 F.2d 978· 7th Cir.· 1949-06-24 ·cited 22×
  The court held that a plaintiff cannot raise a new theory of liability on appeal that was not tried or decided in the lower court.
• Union Tank & Supply Co. v. Kelley
  167 F.2d 811· 5th Cir.· 1948-05-07 ·cited 22×
  The court held that the owner of premises is generally not liable for injuries to an employee of an independent contractor, especially when the dangers are open and obvious and arise from the contractor's work.
• United States v. Armour & Co.
  168 F.2d 342· 3d Cir.· 1948-04-26 ·cited 22×
  A corporation can be held criminally liable for the willful violations of regulations by its employees acting within the scope of their employment, even if the corporation had instructed against such violations.
• City OF Boynton Beach v. Weiss
  120 So. 3d 606· Fla. 4th DCA· 2013-08-14 ·cited 21×
  The City of Boynton Beach appeals a jury verdict finding it liable for negligent retention and supervision, battery, negligent infliction of emotional distress, and failure to protect arising from a police officer's use of force against a plaintiff in custody. The Fourth District
• Glass v. Pfeffer
  849 F.2d 1261· 10th Cir.· 1988-06-13 ·cited 21×
  The court affirmed the attorney fee award against plaintiffs' counsel, finding the § 1985(2) claim was not colorable and the counsel's conduct warranted sanctions. It also affirmed the award of additional fees for defending the award and the recusal denial.
• E.J. Strickland Constr., Inc. v. Dep't OF Agric. & Consumer Servs. OF Fla.
  515 So. 2d 1331· Fla. 5th DCA· 1987-11-19 ·cited 21×
  E.J. Strickland Construction appeals a summary judgment dismissing its negligence and conversion claims against the Department of Agriculture and Orange County Sheriff's Department for seizing and selling Strickland's tractor. The court reversed, holding that sovereign immunity d
• The Celotex Corp. v. Pickett
  490 So. 2d 35· Fla.· 1986-05-08 ·cited 21×
  Celotex Corporation, as successor to Philip Carey through merger, was held liable for punitive damages awarded against Philip Carey for selling defective asbestos products that injured a shipyard worker. The Florida Supreme Court affirmed that punitive damages are properly assess
• Hartford Accident & Indem. Co. v. Ocha
  472 So. 2d 1338· Fla. 4th DCA· 1985-07-24 ·cited 21×
  Hartford Accident & Indemnity Company and parent Otis Parker III appeal a wrongful death judgment, claiming error in denial of a directed verdict on statutory parental liability under Florida's parental consent statute. The court affirmed the parental liability finding but revers
• Grubb v. W.A. Foote Mem'l Hosp., Inc.
  741 F.2d 1486· 6th Cir.· 1984-08-20 ·cited 21×
  The trial judge's finding of racially discriminatory intent as a causal factor in Grubb's termination was not clearly erroneous.
• Morton Friedman v. Mut. Broad. Sys., Inc.
  380 So. 2d 1313· Fla. 3d DCA· 1980-03-18 ·cited 21×
  Friedman appealed the dismissal of his complaint against WIOD, Mutual Broadcasting, and Larry King, arising from King's alleged failure to promote Friedman's cartoon product after receiving advance payments. The court affirmed the dismissal, holding that King's fraudulent conduct
• Jones v. City OF Hialeah
  368 So. 2d 398· Fla. 3d DCA· 1979-02-27 ·cited 21×
  Jones sued the City of Hialeah and police officers for damages arising from gunshot wounds inflicted by a confidential informant (Cosenza). The court affirmed a directed verdict for the city and officers, holding that although an agency relationship existed during Cosenza's assig
• Cale v. The City OF Covington
  586 F.2d 311· 4th Cir.· 1978-11-03 ·cited 21×
  The court held that there is no implied cause of action for damages against a municipality under the Fourteenth Amendment, even with federal question jurisdiction, for the acts of its employees.
• Scott v. Vandiver
  476 F.2d 238· 4th Cir.· 1973-03-16 ·cited 21×
  A sheriff is liable under 42 U.S.C. § 1983 for the actions of temporary law enforcement officers he summons, even if those officers are county employees acting outside their normal duties. A county supervisor is not liable for such actions if the sheriff, not the supervisor, was
• Jack Cole Co. & Dixie Hwy. Express, Inc. v. Mrs. W. H. Hudson
  409 F.2d 188· 5th Cir.· 1969-03-14 ·cited 21×
  The court held that the jury's verdict was supported by sufficient evidence, as the defendants failed to overcome the rebuttable presumption of ownership and employment arising from their name appearing on the truck involved in the accident.
• LEE v. Hinson
  160 So. 2d 166· Fla. 2d DCA· 1964-01-31 ·cited 21×
  A motorist sued a horse owner for negligence after his automobile collided with the owner's horses that had escaped onto a public highway at night. The trial court granted summary judgment for the defendant, and the appellate court affirmed, holding that the defendant established
• Ruiz v. Aerorep Grp. Corp.
  941 So. 2d 505· Fla. 3d DCA· 2006-11-08 ·cited 20×
  Carla Ruiz, an employee of Aeropostal, appealed the dismissal of her claims for violation of Florida's Private Sector Whistleblower's Act and battery after her supervisor pushed her and she reported the incident to law enforcement. The court affirmed the dismissal, finding that t
• Carroll AIR Sys., Inc. v. Greenbaum
  629 So. 2d 914· Fla. 4th DCA· 1993-12-01 ·cited 20×
  Carroll Air Systems appeals a judgment awarding $85,000 in compensatory damages and $800,000 in punitive damages for the wrongful death caused by an intoxicated employee's car accident. The court affirmed, holding that the employee was acting within the scope of employment at a c
• Eddy v. City of Miami
  715 F. Supp. 1553· S.D. Fla.· 1989-05-16 ·cited 20×
  The court held that claims against Mayor Suarez and the Police Department were properly dismissed, but claims against the City of Miami and Chief Anderson could proceed. State law claims were dismissed for insufficient notice.
• Washington v. Dugger
  860 F.2d 1018· 11th Cir.· 1988-11-28 ·cited 20×
  The court held that summary judgment was improperly granted for some defendants, as there was sufficient evidence of deliberate indifference to the inmate's serious medical needs, but affirmed summary judgment for other defendants due to lack of evidence.
• Sunshine Sec. & Detective Agency v. Wells Fargo Armored Servs. Corp.
  496 So. 2d 246· Fla. 3d DCA· 1986-10-28 ·cited 20×
  Sunshine Security appeals a default judgment entered against it in a lawsuit by Wells Fargo Armored Services. The appellate court reversed the default judgment, holding that the complaint wholly failed to state a cause of action against Sunshine because the alleged employee misco
• Lemuel Cannon, Jr. v. Taylor
  782 F.2d 947· 11th Cir.· 1986-02-20 ·cited 20×
  A person injured in an automobile accident caused by a police officer's negligent operation of a vehicle does not have a section 1983 cause of action for violation of a federal right, as such negligence does not rise to the level of a constitutional deprivation.
• Aniedi Abasiekong v. City OF Shelby & David Wilkison
  744 F.2d 1055· 4th Cir.· 1984-09-27 ·cited 20×
  The court held that the jury verdict for the plaintiff was supported by sufficient evidence of racial discrimination and that the district court erred in granting judgment notwithstanding the verdict and a new trial.
• Maggette v. Dalsheim
  709 F.2d 800· 2d Cir.· 1983-06-10 ·cited 20×
  The court held that the district court erred in dismissing the pro se complaint for default and lack of personal involvement, as the allegations were sufficient and proper notice was not given.
• Claf McCLAM v. Mayor Marion Barry
  697 F.2d 366· D.C. Cir.· 1983-01-04 ·cited 20×
  The court held that D.C. Code § 12-309 applies to constitutional tort claims against the District, and that the one-year statute of limitations for assault applies to constitutional assault claims, barring the plaintiff's claim.
• Dorsey v. Honda Motor Co. Ltd.
  670 F.2d 21· 5th Cir.· 1982-03-08 ·cited 20×
  The court held that Honda could not escape liability for punitive damages based on a new Supreme Court precedent because it had previously stipulated that the acts of Honda R & D were its own.
• Swietlowich v. Cnty. OF Bucks & Twp. of Bristol & Harry Merker & Sgt. Stanley Martin & Sgt. Walter Hughes & Patrolman H. J. McDonough
  620 F.2d 33· 3d Cir.· 1980-04-28 ·cited 20×
  A party is not entitled to attorney's fees under 42 U.S.C. § 1988 unless they are a prevailing party who has essentially succeeded on a claim.