Respondeat Superior

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

• Dania Jai-Alai Palace, Inc. v. Sykes
  425 So. 2d 594· Fla. 4th DCA· 1982-12-29 ·cited 18×
  This personal injury case addresses whether a parent corporation can be held liable for torts committed by employees of its wholly-owned subsidiary. The court affirmed liability for all three corporate defendants, holding that the subsidiary operated as a mere instrumentality of
• United States v. State of Tex.
  680 F.2d 356· 5th Cir.· 1982-07-12 ·cited 18×
  The court held that the trial court's judgment, based on flawed factual underpinnings derived from ambiguous stipulations and improperly reintroduced constitutional issues, must be reversed.
• Harbulak v. Cnty. OF Suffolk
  654 F.2d 194· 2d Cir.· 1981-07-15 ·cited 18×
  The court held that the district court abused its discretion in denying attorney's fees to the prevailing defendant because the civil rights action brought was frivolous and without foundation.
• Petrik v. NEW Hampshire Ins. Co.
  379 So. 2d 1287· Fla. 1st DCA· 1979-04-26 ·cited 18×
  Punitive damages against an employer for negligent hiring require evidence of wantonness, actual malice, deliberation, gross negligence, or utter disregard of law—not mere knowledge of an employee's traffic tickets and accidents. However, upon rehearing, compensatory damages for
• Ridgway v. Gulf Life Ins. Co.
  578 F.2d 1026· 5th Cir.· 1978-08-23 ·cited 18×
  The court held that Holcombe, as the owner-operator of a hired automobile, was excluded from coverage under the Gulf policy by the hired-automobile exception, despite being an insured under the omnibus clause. The Ranger policy, however, covered Holcombe as an employee, and did n
• NIX v. Sweeney
  573 F.2d 998· 8th Cir.· 1978-03-31 ·cited 18×
  The court held that summary judgment on the issue of probable cause for arrest was improper because genuine issues of material fact existed, and the dismissal of the Village of Breckenridge Hills was proper based on sovereign immunity for claims not involving vicarious liability
• McDONALD v. State OF Ill.
  557 F.2d 596· 7th Cir.· 1977-06-15 ·cited 18×
  The court held that the State of Illinois is immune from suit in federal court under the Eleventh Amendment, and that while defendant Weil's actions may have deprived plaintiff of a constitutional right, claims against municipalities under § 1983 require a policy or custom, not j
• McBRIDE v. DELTA AIR Lines, Inc.
  551 F.2d 113· 6th Cir.· 1977-03-11 ·cited 18×
  The court held that the district court erred in dismissing the class claims without properly considering the scope of the EEOC investigation and that the dismissal on the merits was unwarranted. The case is remanded for further proceedings.
• Renate Hunziker v. Scheidemantle
  543 F.2d 489· 3d Cir.· 1976-09-08 ·cited 18×
  The court held that the district court erred in granting a directed verdict for Halstead and in failing to adequately charge the jury regarding liability, necessitating a new trial.
• Apolinar Navarette, Jr. v. Jiro J. Enomoto
  536 F.2d 277· 9th Cir.· 1976-02-09 ·cited 18×
  The court held that a prisoner's allegations of mail interference and termination of privileges for legal activities, if proven, state a claim under 42 U.S.C. § 1983, and that negligent deprivation of rights can be actionable under § 1983. Claims based on respondeat superior were
• Milton v. Nelson
  527 F.2d 1158· 9th Cir.· 1975-09-18 ·cited 18×
  The court held that a prisoner's claim for confiscated books under the Civil Rights Act was properly dismissed as frivolous and for failure to state a claim.
• Fla. First Nat'l Bank OF Jacksonville v. The City OF Jacksonville
  310 So. 2d 19· Fla. 1st DCA· 1975-03-20 ·cited 18×
  The Florida appellate court reversed the dismissal of tort claims against Jacksonville for municipal employees' negligence in investigating child abuse reports, holding that a municipality can be held liable under respondeat superior when employees undertake a special duty to par
• ORR v. United States
  486 F.2d 270· 5th Cir.· 1973-09-14 ·cited 18×
  The dissenting judge argues the government should not be held liable for the contractor's negligence in failing to follow safety procedures.
• Anderson v. Aamco Transmissions OF Brevard, Inc.
  265 So. 2d 5· Fla.· 1972-07-12 ·cited 18×
  The court reviewed a decision affirming a summary judgment for a garage operator, where the operator's employee, without permission, negligently drove a customer's car left for repairs and caused a fatal accident.
• Blanche H. Lober v. Moore
  417 F.2d 714· D.C. Cir.· 1969-03-18 ·cited 18×
  A prior judgment in favor of an employer, which determined that the employee was not negligent, bars a subsequent suit against the employee on the same negligence claim, even if the employee was not a party to the first suit.
• Buzan v. Mercy Hosp., Inc.
  203 So. 2d 11· Fla. 3d DCA· 1967-10-10 ·cited 18×
  Michael Buzan sued Mercy Hospital for negligence after a surgical sponge was left in his abdomen during a gallbladder operation. The trial court granted the hospital's motion for summary judgment, dismissing it from the case. The appellate court reversed, holding that whether the
• Wilcox v. Transamerican Freight Lines, Inc.
  371 F.2d 403· 6th Cir.· 1967-01-18 ·cited 18×
  A motor carrier is not liable for the negligence of a leased owner-driver when the driver is off duty and not engaged in the carrier's business, even if the driver has implied authority to drive the equipment for personal reasons.
• Bissell v. Edmond J. McELLIGOTT
  369 F.2d 115· 8th Cir.· 1966-12-06 ·cited 18×
  The court held that Sgt. Tompkins was not acting within the scope of his employment under Missouri respondeat superior law at the time of the accident, thus the United States is not liable.
• Walter v. Dunlap
  368 F.2d 118· 3d Cir.· 1966-11-07 ·cited 18×
  The court held that the lessor's insurance policy provided excess coverage, and the lessee's policy provided primary coverage, for the accident because the leased vehicle was being used exclusively in the lessee's business of transporting property.
• Pac. Nat'l Ins. Co. v. Transp. Ins. Co.
  341 F.2d 514· 8th Cir.· 1965-02-12 ·cited 18×
  The court held that federal jurisdiction existed and that the plaintiff insurer, as subrogee of the vicariously liable party, could seek indemnity from the tortfeasor's insurer, despite the lease agreement's insurance provisions.
• Skeels v. Universal C. I. T. Credit Corp.
  335 F.2d 846· 3d Cir.· 1964-08-10 ·cited 18×
  A secured creditor's assurances of further financing, followed by seizure of collateral without notice, can constitute a willful tort, but punitive damages are not warranted if the seizing agents were unaware of the assurances.
• City OF Hialeah v. Hutchins
  166 So. 2d 607· Fla. 3d DCA· 1964-06-23 ·cited 18×
  The court held that a judgment against a derivatively liable party cannot exceed the judgment against the active tort-feasor, and a significant discrepancy in verdicts indicates jury disregard for instructions.
• State OF Md. for the Use of Nadine Y. Levin v. United States
  329 F.2d 722· 3d Cir.· 1964-04-01 ·cited 18×
  The dissenting judge holds that Captain McCoy, as a civilian air technician employed under federal law, was a federal employee for FTCA purposes, and was acting within the scope of his employment during the accident.
• Pattno v. United States
  311 F.2d 604· 10th Cir.· 1962-11-19 ·cited 18×
  The court held that the pilots of the Wyoming Air National Guard were state employees, not federal employees, at the time of the accident, and therefore the United States could not be held liable under the Federal Tort Claims Act.
• Walters v. Moore-McCORMACK Lines, Inc.
  309 F.2d 191· 2d Cir.· 1962-10-23 ·cited 18×
  The dissent argues that the majority erred in not allowing the jury to consider whether the seaman's violent assault, even without a weapon or prior history, constituted unseaworthiness.
• Copeland v. ST. Louis-San Francisco Ry. Co.
  291 F.2d 119· 10th Cir.· 1961-05-05 ·cited 18×
  The court held that under the FELA, a railroad is liable for injuries to an employee caused in whole or in part by the negligence of a fellow employee, even if the negligent act was not in furtherance of the master's business.
• United States v. Freeman Taylor
  236 F.2d 649· 6th Cir.· 1956-09-14 ·cited 18×
  The court held that the Air Force personnel were not acting within the scope of their employment when they deviated from their training mission to fly to the pilot's hometown, thus the United States is not liable under the Federal Tort Claims Act.
• Williams v. City of Green Cove Springs
  65 So. 2d 56· Fla.· 1953-04-28 ·cited 18×
• United States v. Lushbough
  200 F.2d 717· 8th Cir.· 1952-12-16 ·cited 18×
  The court held that Hoffman was not acting within the scope of his employment when the accident occurred, and therefore the United States is not liable under the Federal Tort Claims Act. The judgment against Hoffman was also reversed.
• Feinsinger v. Bard
  195 F.2d 45· 7th Cir.· 1952-02-25 ·cited 18×
  The court held that the Wisconsin statute for substituted service on a non-resident administrator is constitutional and that there was insufficient evidence to support a finding of negligence against the deceased driver, Wedell. Therefore, the insurer Century Indemnity Company is
• THE H. S., Inc. v. Henry Steers, Inc.
  130 F.2d 341· 3d Cir.· 1942-08-03 ·cited 18×
  An employer is liable for the malicious acts of its employee if the employee was acting within the scope of employment, even if the employee acted with hatred towards the victim.
• Martinez v. Pavex Corp.
  422 F. Supp. 2d 1284· M.D. Fla.· 2006-03-22 ·cited 17×
  The court denied summary judgment on hostile work environment claims, finding genuine issues of material fact regarding severity, pervasiveness, and employer liability, but granted summary judgment on intentional infliction of emotional distress, tortious interference, and neglig
• Darce Carlisle v. Carnival Corp.
  864 So. 2d 1· Fla. 3d DCA· 2003-08-27 ·cited 17×
  A cruise line's duty to exercise reasonable care toward its passengers extends to the medical care provided by its ship's physician, making the cruise line vicariously liable for the physician's negligence. The court rejected the long-standing Barbetta doctrine that insulated cru
• Bennett v. Godfather's Pizza, Inc.
  570 So. 2d 1351· Fla. 3d DCA· 1990-11-13 ·cited 17×
  The court affirmed the dismissal of several counts of a complaint against Godfather's Pizza, holding that Florida law does not recognize a cause of action against an establishment furnishing alcohol to an adult whose intoxication causes injury, and that the employer was not liabl
• White v. Farrier
  849 F.2d 322· 8th Cir.· 1988-06-13 ·cited 17×
  The court held that genuine issues of material fact existed regarding whether the inmate was a transsexual and whether prison officials were deliberately indifferent to his medical needs, precluding summary judgment.
• John Hancock Mut. Life Ins. Co. v. Zalay
  522 So. 2d 944· Fla. 2d DCA· 1988-03-16 ·cited 17×
  The Second District Court of Appeal reversed a judgment awarding compensatory and punitive damages to an insurance agent against his former employer and manager, finding that the trial court abused its discretion by reversing a directed verdict on respondeat superior without allo
• Abdallah W. Tamari v. Bache & Co. (Lebanon) S.A.L.
  838 F.2d 904· 7th Cir.· 1988-01-20 ·cited 17×
  The court held that the district judge did not abuse her discretion in refusing to allow the plaintiffs to amend their complaint to add a negligence claim after ten years of litigation.
• Anela v. City OF Wildwood
  790 F.2d 1063· 3d Cir.· 1986-05-22 ·cited 17×
  The court held that a municipality's adherence to a state judge's illegal bail schedule, even if blatantly illegal, does not constitute a municipal policy for Monell liability purposes.
• Kent Ins. Co. v. Schroeder
  469 So. 2d 209· Fla. 5th DCA· 1985-05-23 ·cited 17×
  Kent Insurance Company and Gags Enterprises appealed a jury verdict awarding compensatory and punitive damages against them for an intentional tort committed by McElfish, the corporation's president and managing agent. The court affirmed, holding that a corporation is liable for
• Hooper-Holmes Bureau, Inc. v. Bunn
  161 F.2d 102· 5th Cir.· 1947-04-25 ·cited 17×
  The dissenting judge believes a new trial should be granted because the jury awarded punitive damages against a corporation without evidence of corporate authorization or ratification of the employee's malicious acts, and the trial court failed to properly instruct the jury on da
• Moore v. Miami-Dade Cnty.
  502 F. Supp. 2d 1224· S.D. Fla.· 2007-07-18 ·cited 16×
  The court held that the plaintiff failed to state a claim against the county under 42 U.S.C. § 1983 and that the defendant officers were entitled to qualified immunity due to insufficient factual allegations.
• Doonan v. Carnival Corp.
  404 F. Supp. 2d 1367· S.D. Fla.· 2005-11-30 ·cited 16×
  The court held that a cruise line cannot be held vicariously liable for the negligence of its ship's doctor under actual agency, but may be liable under apparent agency. A breach of contract claim for safe passage is not supported without an express provision.
• Shova v. Eller
  606 So. 2d 400· Fla. 2d DCA· 1992-09-04 ·cited 16×
  Randy Shova, as personal representative of his wife's estate, sued fellow employees and corporate officers of Circle K for gross negligence in connection with her death during a store robbery. The court reversed the trial court's dismissal, holding that the 1988 amendment to Flor
• Caldwell v. City OF Elwood
  959 F.2d 670· 7th Cir.· 1992-04-01 ·cited 16×
  A plaintiff must sufficiently allege that disciplinary action was taken because of constitutionally protected speech and, for municipal liability, must plead a custom or policy, not just a single incident.
• Turner v. Upton Cnty.
  915 F.2d 133· 5th Cir.· 1990-09-11 ·cited 16×
  A county can be held liable under 42 U.S.C. § 1983 for the actions of its sheriff if the sheriff is the final policymaker for law enforcement and abuses that authority, even without proof of an official county policy or custom.
• Bailey v. Wood
  909 F.2d 1197· 8th Cir.· 1990-07-31 ·cited 16×
  The court held that there was insufficient evidence to show the Warden acted with deliberate indifference or reckless disregard for the inmate's safety, thus reversing the jury's verdict.
• Roman v. Jeffes
  904 F.2d 192· 3d Cir.· 1990-06-08 ·cited 16×
  Dismissal of a complaint as frivolous under 28 U.S.C. § 1915(d) is inappropriate after service of process has been made on the defendants. Alternatively, the complaint had arguable merit, precluding such dismissal.
• Givens v. Jones
  900 F.2d 1229· 8th Cir.· 1990-04-09 ·cited 16×
  The court held that the defendants are entitled to qualified immunity because their actions did not violate clearly established constitutional rights at the time of the incidents.
• Miltier v. Beorn
  896 F.2d 848· 4th Cir.· 1990-02-20 ·cited 16×
  The court held that the district court erred in granting summary judgment for the treating physicians and nurses, as a reasonable jury could find deliberate indifference. However, the court affirmed summary judgment for supervisory defendants, finding insufficient evidence of the
• Anne E. Spencer v. Gen. Elec. Co.
  894 F.2d 651· 4th Cir.· 1990-01-16 ·cited 16×
  The court held that the presumption of quid pro quo sexual harassment was not rebutted because the employer's key witness's testimony regarding promotion paperwork was not credible.