Respondeat Superior

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

• DeSHIELDS v. United States Parole Comm'n
  593 F.2d 354· 8th Cir.· 1979-03-06 ·cited 20×
  The court held that parole examiners are entitled to good faith immunity from monetary liability and that respondeat superior is inapplicable to civil rights claims for damages against the Parole Commission and regional commissioner.
• Int'l Distrib. Corp. v. Am. Dist. Tel. Co.
  569 F.2d 136· D.C. Cir.· 1977-12-19 ·cited 20×
  The court held that summary judgment for the plaintiff on the breach of contract claim was proper, but summary judgment for the defendant on tort claims was improper because the defendant could be liable for negligent supervision.
• Gibson v. United States
  567 F.2d 1237· 3d Cir.· 1977-12-15 ·cited 20×
  The government can be held directly liable for negligence if its employees fail to exercise reasonable care in overseeing a contractor's safety precautions, even if the contractor also has a duty to provide safety.
• Imbler v. Pachtman
  500 F.2d 1301· 9th Cir.· 1974-07-12 ·cited 20×
  A prosecutor is absolutely immune from civil liability for acts committed in the performance of duties integral to the judicial process, even if malicious or knowing.
• Robinson v. McCORKLE
  462 F.2d 111· 3d Cir.· 1972-06-12 ·cited 20×
  The court held that the district court properly dismissed the civil rights complaint, affirming the judgment of dismissal.
• Walstad v. Univ. OF Minn. Hosps. & C. Walton Lillehei
  442 F.2d 634· 8th Cir.· 1971-05-10 ·cited 20×
  The court held that plaintiffs failed to establish medical negligence or causation for most claims due to lack of expert testimony, but a submissible case was made regarding the administration of penicillin despite the patient's known allergy.
• Henderson v. United States
  429 F.2d 588· 10th Cir.· 1970-07-23 ·cited 20×
  The court held that the suits were timely filed against the United States and that the non-use of seat belts was not a defense but could be considered in mitigation of damages.
• Armstrong v. Sec. & Exch. Comm'n
  421 F.2d 359· 6th Cir.· 1970-01-23 ·cited 20×
  The court affirmed the SEC's findings of violations and sanctions, holding that substantial evidence supported the Commission's conclusions regarding unregistered securities sales, fraudulent representations, failure to disclose common control, and improper confirmations of sale,
• Platis v. United States
  409 F.2d 1009· 10th Cir.· 1969-04-28 ·cited 20×
  The court held that the United States government was liable under the Federal Tort Claims Act for damages caused by an Airman's negligence while traveling under permanent change-of-station orders, as he was considered an employee acting within the scope of his employment under Ut
• Sargent Cauefield and Jim Lucas v. The Fid. & Cas. Co. OF NEW York
  378 F.2d 876· 1st Cir.· 1967-06-15 ·cited 20×
  The court held that the district court correctly applied the doctrine of judicial estoppel to dismiss the case, preventing relitigation of the desecration issue.
• Arla Jean Parmerter and Richard Parmerter v. Osteopathic Gen. Hosp.
  196 So. 2d 505· Fla. 3d DCA· 1967-03-14 ·cited 20×
  The court held that the hospital failed to meet its burden of showing that its intern was not acting as its agent at the time of the alleged negligent acts, thus precluding summary judgment.
• Patrick v. Faircloth Buick Co.
  185 So. 2d 522· Fla. 2d DCA· 1966-04-20 ·cited 20×
  The plaintiff-appellant sued the owner of an automobile under the dangerous instrumentality doctrine after being struck by a car driven by an employee of a repair shop on the repair shop's premises. The court held that the dangerous instrumentality doctrine does not apply when an
• Dilley v. The Chesapeake & Ohio Ry. Co.
  327 F.2d 249· 6th Cir.· 1964-01-30 ·cited 20×
  The court held that the admission of an intra-company accident report, containing the foreman's opinion on the cause of the accident, was prejudicial error.
• COX v. City OF Freeman
  321 F.2d 887· 8th Cir.· 1963-07-19 ·cited 20×
  An accord and satisfaction between a contractor and a city, which settles the city's contractual and respondeat superior liability for an engineer's alleged negligence, also releases the engineer from liability.
• Austris A. Wihtol v. Crow
  309 F.2d 777· 8th Cir.· 1962-11-27 ·cited 20×
  The court held that copying an entire copyrighted song constitutes infringement, not fair use, and that a state school district is immune from copyright infringement suits under the Eleventh Amendment, while an employer can be held liable under respondeat superior.
• Layne v. United States
  295 F.2d 433· 7th Cir.· 1961-10-16 ·cited 20×
  A member of the National Guard, injured in the line of duty during a training flight, cannot sue the United States under the Federal Tort Claims Act because the injury arose out of activity incident to service.
• Calbeck v. Town OF S. Pasadena
  128 So. 2d 138· Fla. 2d DCA· 1961-03-22 ·cited 20×
  Calbeck appealed summary judgment dismissing her malicious prosecution action against the Town of South Pasadena and its officials for arresting her based on a warrant for honking her horn. The court affirmed, holding that a conviction in a competent court constitutes conclusive
• Chapman v. Hawthorne Flying Serv.
  287 F.2d 539· 5th Cir.· 1961-03-17 ·cited 20×
  The court held that the evidence presented was sufficient to demonstrate that the case should not have been terminated by summary judgment, requiring further development of facts.
• United States v. Mraz
  255 F.2d 115· 10th Cir.· 1958-04-18 ·cited 20×
  An armed forces officer traveling between permanent duty stations in his own vehicle, with government authorization and reimbursement, is acting within the scope of his employment for purposes of the Federal Tort Claims Act.
• Zimmerman v. Mathews Trucking Corp.
  203 F.2d 864· 8th Cir.· 1953-04-27 ·cited 20×
  The court held that a federal court's judgment notwithstanding a jury verdict must align with state court decisions on similar facts and law, especially when applying state law.
• Constitution PUB. Co. v. Dale
  164 F.2d 210· 5th Cir.· 1947-11-07 ·cited 20×
  The court held that the evidence was insufficient to hold the Publishing Company liable for the torts of the Theatre Service Company, but sufficient to hold the Theatre Service Company liable under respondeat superior.
• Nat'l Labor Relations Bd. v. Lettie Lee, Inc.
  140 F.2d 243· 9th Cir.· 1944-01-29 ·cited 20×
  The court held that the National Labor Relations Board's order was supported by substantial evidence and should be enforced, including the reinstatement of striking employees.
• Malisfski v. Indem. Ins. Co. of N. Am.
  135 F.2d 910· 4th Cir.· 1943-05-28 ·cited 20×
  The court held that the truck driver was an employee of the city, not the express company, and therefore the exclusion in the insurance policy applied, denying coverage for the injured employee's claim.
• Lykes Bros. S. S. Co., Inc. v. Grubaugh
  128 F.2d 387· 5th Cir.· 1942-05-25 ·cited 20×
  The court held that the jury's verdict, finding the chief engineer's assault on the steward to be within the scope of his authority and thus imputable to the ship owner, should not be disturbed.
• Nicholson v. Good Samaritan Hosp.
  145 Fla. 360· Fla.· 1940-12-20 ·cited 20×
  The Florida Supreme Court held that a charitable hospital cannot claim immunity from tort liability for the negligence of its employees when the injured patient is a paying customer. This case of first impression in Florida rejected the majority rule favoring charitable immunity
• Papouras v. Bellsouth Telecomms., Inc.
  940 So. 2d 479· Fla. 4th DCA· 2006-10-04 ·cited 19×
  A settlement proposal must describe a required release with sufficient particularity to eliminate any reasonable ambiguity about its scope, including specification of which claims and parties will be released.
• Miller v. King
  384 F.3d 1248· 11th Cir.· 2004-09-14 ·cited 19×
  The Eleventh Circuit reversed in part and affirmed in part the district court's grant of summary judgment. The court reversed as to the plaintiff's Eighth Amendment claims for monetary damages against Warden Sikes in his individual capacity, and for injunctive relief against Sike
• Betancourt v. Marine Cargo Mgmt., Inc.
  930 F. Supp. 606· S.D. Fla.· 1996-06-21 ·cited 19×
  The court held that while federal claims for hostile work environment survive a motion to dismiss, a more definite statement is required regarding the effect of the harassment and its frequency; state law tort claims are dismissed without prejudice.
• Everett v. Fla. Inst. OF Tech.
  503 So. 2d 1382· Fla. 5th DCA· 1987-03-19 ·cited 19×
  Christian Everett appealed the dismissal of his third amended complaint alleging malicious prosecution and false imprisonment against Florida Institute of Technology and Brevard Mental Health Centers for his eight-day involuntary confinement without compliance with the Baker Act.
• Tilden R. Wilkinson v. United States
  677 F.2d 998· 4th Cir.· 1982-04-27 ·cited 19×
  The court held that a federal tort claim is barred if the administrative claim is not filed within two years of accrual, even if the plaintiff's counsel was unaware of the driver's federal employment status.
• Rountree v. A. P. Moller S.S. Co.
  218 So. 2d 771· Fla. 1st DCA· 1969-02-06 ·cited 19×
  This case addresses the interpretation of Florida's Motorboat Safety Law regarding civil liability for negligent boat operation. The court reversed a motion to dismiss that had interpreted the statute to exclude corporate boat owners from liability, holding that the statutory ter
• Peeler v. Indep. Life & Accident Ins. Co.
  206 So. 2d 34· Fla. 3d DCA· 1967-12-27 ·cited 19×
  This case involves an appeal by plaintiffs from an order dismissing their complaint against an insurance company. The court held that the complaint stated a cause of action for negligence against the insurance company for hiring an unlicensed doctor who assaulted the applicant du
• Riss & Co., Inc. v. United States
  262 F.2d 245· 8th Cir.· 1958-12-31 ·cited 19×
  The court held that the defendant's extensive safety program did not absolve it of liability for "knowingly and willfully" violating motor carrier safety regulations, as the evidence showed a pattern of conscious disregard for the rules.
• McALLISTER v. Miami Daily News
  154 Fla. 370· Fla.· 1944-04-25 ·cited 19×
  In this negligence case, a pedestrian injured by an automobile struck by an employee of the Miami Daily News sued for damages on theories of agency, employment, and master-servant relationships. The trial court directed a verdict for the defendant, and the Florida Supreme Court a
• Williams v. Polk Cnty. Sheriff's Off.
  192 F. Supp. 3d 1353· M.D. Fla.· 2023-10-20 ·cited 18×
  A governmental entity is not liable under 42 U.S.C. § 1983 based solely on respondeat superior; liability requires proof of an official policy or custom that caused the constitutional violation.
• M.S. and N.S. v. Nova Se. Univ. Inc.
  881 So. 2d 614· Fla. 4th DCA· 2004-07-21 ·cited 18×
  Parents of children allegedly sexually assaulted by a volunteer at Nova Southeastern University's preschool appealed the trial court's grant of summary judgment dismissing their claims based on sovereign immunity. The Fourth District Court of Appeal reversed, holding that Nova fa
• MR. Furniture Warehouse, Inc. v. Barclays American/Commercial Inc.
  919 F.2d 1517· 11th Cir.· 1990-12-27 ·cited 18×
  The court held that Mr. Furniture lacked antitrust standing under the Sherman Act and that the district court properly directed a verdict against punitive damages.
• Swanson v. Elmhurst Chrysler Plymouth, Inc.
  882 F.2d 1235· 7th Cir.· 1989-08-16 ·cited 18×
  The court held that Title VII does not provide for nominal damages or attorney's fees when a plaintiff proves sexual harassment but not a discharge or other tangible loss related to the harassment.
• Coen v. Runner
  854 F.2d 374· 10th Cir.· 1988-08-16 ·cited 18×
  Government officials are entitled to qualified immunity when their actions do not violate clearly established law and are objectively reasonable, even if a subsequent judicial determination finds no probable cause for an arrest warrant.
• Terry Props., Inc. v. Standard OIL Co. (IND)
  799 F.2d 1523· 11th Cir.· 1986-09-24 ·cited 18×
  The court affirmed the district court's findings on liability for race discrimination and interference claims, but reversed the award of attorney's fees for some appellees.
• LaDonna Anderson v. Marathon Petroleum Co.
  801 F.2d 936· 7th Cir.· 1986-09-16 ·cited 18×
  The dissent argues that the majority erred in rejecting the non-delegable duty doctrine for inherently dangerous work performed by independent contractors, even with worker's compensation.
• Jong Hee Small v. The Inhabitants OF the City OF Belfast & James Murphy
  796 F.2d 544· 1st Cir.· 1986-06-27 ·cited 18×
• In re Atl. Fin. Mgmt.
  784 F.2d 29· 1st Cir.· 1986-02-19 ·cited 18×
  Section 20(a) of the Securities Exchange Act of 1934 does not preclude the imposition of vicarious liability upon a corporation for the misrepresentations of a corporate officer made under apparent authority.
• Bailey v. Faulkner
  765 F.2d 102· 7th Cir.· 1985-06-19 ·cited 18×
  The court held that the plaintiff's civil rights suit was barred by the statute of limitations, and affirmed the dismissal on alternative grounds of the defendant's lack of personal liability.
• Leonard v. City OF Frankfort Elec. & Water Plant Bd.
  752 F.2d 189· 6th Cir.· 1985-01-09 ·cited 18×
  The court held that the district court erred in granting summary judgment on the § 1981 claims and the discriminatory discharge claim, and that the back-pay award for the Title VII demotion claim was not an abuse of discretion.
• Varela v. Jones
  746 F.2d 1413· 10th Cir.· 1984-10-24 ·cited 18×
  The court held that the trial judge did not abuse his discretion in refusing to recuse himself, did not err in excluding evidence of a supervisor's alleged misconduct, and did not err in its jury instructions regarding good faith defenses and the use of force.
• Walden v. Wishengrad
  745 F.2d 149· 2d Cir.· 1984-09-18 ·cited 18×
  A government attorney performing duties analogous to a prosecutor, such as initiating proceedings to secure a witness's appearance, is entitled to absolute immunity from liability under 42 U.S.C. § 1983. Local governmental bodies cannot be held liable under § 1983 based on respon
• Wright v. Newman
  735 F.2d 1073· 8th Cir.· 1984-06-05 ·cited 18×
  The court held that a financing institution is not strictly liable for defects in a repossessed vehicle it arranges to be transported, but may be liable for negligence if it fails to exercise reasonable care in inspecting the vehicle for defects before supplying it for its busine
• Barnabus Abel Landry v. Oceanic Contractors, Inc.
  731 F.2d 299· 5th Cir.· 1984-05-07 ·cited 18×
  The court held that Oceanic's own negligence was not covered by the Pental policy, and that Tidex did not breach the Operating Agreement by failing to provide insurance without limitation.
• Slayton v. Willingham
  726 F.2d 631· 10th Cir.· 1984-01-27 ·cited 18×
  A nolo contendere plea in a state criminal case does not automatically bar a subsequent federal civil rights action under § 1983 for alleged constitutional violations, and the right to privacy can encompass avoiding disclosure of personal matters.