Respondeat Superior

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

• LIU v. The Republic OF China
  892 F.2d 1419· 9th Cir.· 1989-12-29 ·cited 16×
  The court held that the ROC could be held vicariously liable under California law for the assassination of Henry Liu, and the act of state doctrine did not preclude this claim.
• Leach v. Shelby Cnty. Sheriff & Mayor of Shelby Cnty.
  891 F.2d 1241· 6th Cir.· 1989-12-20 ·cited 16×
  A municipality can be held liable under 42 U.S.C. § 1983 for deliberate indifference to a prisoner's serious medical needs, even if medical care is subcontracted, if the failure to supervise or the ratification of unconstitutional acts amounts to an official policy or custom.
• Meriwether v. Coughlin
  879 F.2d 1037· 2d Cir.· 1989-06-30 ·cited 16×
  The court held that a new trial should be granted on the First Amendment claim, and that the denial of judgment n.o.v. on the Eighth Amendment claim should be reversed.
• Aurora Figueroa v. Hon. Awilda Aponte-Roque
  864 F.2d 947· 1st Cir.· 1989-01-04 ·cited 16×
  The court held that the Secretary of Education was not liable for the janitor's termination because the plaintiff failed to demonstrate a causal link between the Secretary's actions and the alleged harm. The court affirmed the jury's verdict for the clerical employees.
• Williams v. Butler
  863 F.2d 1398· 8th Cir.· 1988-12-21 ·cited 16×
  The acts of a municipal judge in discharging a court clerk are attributable to the City for purposes of 42 U.S.C. § 1983 liability, as the judge possesses final policymaking authority in employment matters concerning court clerks under state law.
• M.V. v. Gulf Ridge Council BOY Scouts OF Am., Inc.
  529 So. 2d 1248· Fla. 2d DCA· 1988-08-17 ·cited 16×
  The court held that an employer may be liable under respondeat superior for an employee's intentional tort if it occurred within the scope of employment, and this is generally a jury question.
• Auster OIL & GAS, Inc. v. Matilda Gray Stream
  835 F.2d 597· 5th Cir.· 1988-01-14 ·cited 16×
  The court held that Mrs. Stream was not liable, but Carmouche, Spook Stream, and M.G.S. were liable for the Fourth Amendment violation. A new trial is required for actual and punitive damages due to instructional error and excessive awards indicating passion and prejudice.
• Keehr v. Consol. Freightways OF Del., Inc.
  825 F.2d 133· 7th Cir.· 1987-07-15 ·cited 16×
  The court held that the defendant's tort claims were not preempted by federal labor law, the jury verdicts were not inconsistent, and the damages awarded were not excessive.
• Lopez v. Houston Indep. Sch. Dist.
  817 F.2d 351· 5th Cir.· 1987-05-26 ·cited 16×
  Summary judgment for the school district and supervisors was proper, but summary judgment for the bus driver was not, as genuine issues of material fact exist regarding his liability under 42 U.S.C. § 1983 for callous indifference.
• Montelongo v. Meese
  803 F.2d 1341· 5th Cir.· 1986-11-05 ·cited 16×
  The dissenting judge argues that the district court's damage award was excessively punitive and lacked a proper articulated basis, warranting a remand for reassessment.
• Porm v. White
  762 F.2d 635· 8th Cir.· 1985-05-16 ·cited 16×
  The court held that the evidence presented was sufficient to allow a jury to find that Dewey Tindle was deliberately indifferent to a pervasive risk of harm to inmate Porm, but not that Superintendent Carl White was deliberately indifferent.
• City OF Coconut Creek v. Fowler
  474 So. 2d 820· Fla. 4th DCA· 1985-04-24 ·cited 16×
  The City of Coconut Creek appealed a jury verdict awarding damages for malicious prosecution to Danny Fowler, a construction supervisor whom the City prosecuted for refusing access to a building inspector during a load test. The appellate court reversed the verdict, finding insuf
• Huhn v. Dixie Ins. Co.
  453 So. 2d 70· Fla. 5th DCA· 1984-05-17 ·cited 16×
  Laura Huhn was struck by an intoxicated driver who had been stopped by Daytona Beach police officers but released without arrest. The court held that the city could be liable for negligence when officers knowingly release a visibly intoxicated driver, rejecting sovereign immunity
• Tolson v. United States
  732 F.2d 998· D.C. Cir.· 1984-04-27 ·cited 16×
  The court held that the district court improperly invoked Rule 54(b) to enter a final judgment on part of a single claim, and therefore dismissed the appeal.
• Iowa Nat'l Mut. Ins. Co. v. Elease Worthy
  447 So. 2d 998· Fla. 5th DCA· 1984-03-22 ·cited 16×
  A PIP insurance company appealed a jury verdict awarding punitive damages for allegedly fraudulent inducement of a release. The court reversed, holding that the insurer's adjuster's suggestion to pursue remaining medical expenses through the at-fault party's liability insurer was
• Behlar v. Smith
  719 F.2d 950· 8th Cir.· 1983-10-27 ·cited 16×
  The court held that the district court's findings of sex discrimination were not clearly erroneous, but remanded the issue of harassment damages for further findings.
• Fletcher Altman Smith v. Heath
  691 F.2d 220· 6th Cir.· 1982-09-29 ·cited 16×
  The court held that a supervisory official cannot be held liable under § 1983 for the actions of subordinates unless the supervisor personally participated in or affirmatively authorized the misconduct.
• Padilla v. Gulf Power Co.
  401 So. 2d 1375· Fla. 1st DCA· 1981-08-13 ·cited 16×
  Padilla, an employee of an independent contractor, was injured when a forklift boom owned by Gulf Power broke under excessive weight. The trial court granted summary judgment for Gulf Power based on the independent contractor doctrine, but the appellate court reversed, holding th
• Annabel Stoddard v. Sch. Dist. NO. 1
  590 F.2d 829· 10th Cir.· 1979-01-05 ·cited 16×
  The court held that a school district could be liable under 42 U.S.C. § 1983 for the actions of its Board of Trustees, and that a jury's finding of bad faith and constitutionally impermissible reasons for non-renewal, despite a general verdict against individual defendants, could
• Jamison v. McCURRIE
  565 F.2d 483· 7th Cir.· 1977-11-18 ·cited 16×
  The court held that the dismissal of the City was proper and a comment by the trial judge about a pending state court suit was not prejudicial enough to warrant a new trial.
• J.C.B. Super Mkts., Inc. v. United States
  530 F.2d 1119· 2d Cir.· 1976-03-02 ·cited 16×
  The court held that the store was liable for food stamp violations committed by its employees, even if the employees acted improperly, because the acts were within the scope of their employment and benefited the store.
• Dixie Farms, Inc. v. Timmons
  323 So. 2d 637· Fla. 3d DCA· 1975-12-02 ·cited 16×
  Plaintiff Bobbie Jean Timmons recovered a jury verdict for injuries sustained when a car driven by Richard B. Shaffer collided with another vehicle and struck her house. Dixie Farms, Inc. and Shaffer appealed, challenging the trial court's procedural rulings and the verdict's suf
• Ins. Co. OF N. Am. v. Federated Mut. Ins. Co.
  518 F.2d 101· 6th Cir.· 1975-06-12 ·cited 16×
  The court held that an exclusionary clause in an insurance policy, which barred coverage when a tractor was used to tow a trailer owned or hired by the insured and not covered by like insurance, applied to all insureds, not just those who owned or hired the trailer.
• Capitol BUS Co. v. Blue Bird Coach Lines, Inc.
  478 F.2d 556· 3d Cir.· 1973-05-14 ·cited 16×
  The court held that the Equipment Lease Agreement, not general agency principles, determined liability for bus damage, and Blue Bird was the sole operating carrier when the damage occurred.
• MacKey v. Procunier
  477 F.2d 877· 9th Cir.· 1973-04-16 ·cited 16×
• Est. of Richard Burks v. Ross
  438 F.2d 230· 6th Cir.· 1971-02-18 ·cited 16×
  Federal employees acting within the outer perimeter of their official duties are entitled to executive privilege, but this privilege does not extend to ministerial acts of nurses and psychiatric assistants.
• Patrum v. City OF Greensburg
  419 F.2d 1300· 6th Cir.· 1969-12-10 ·cited 16×
  The court held that the district court did not err in refusing to exercise pendent jurisdiction over a state law claim against a city, even though the city could be liable under state law for a police officer's torts.
• Mose Reed v. MV Foylebank
  415 F.2d 838· 5th Cir.· 1969-08-29 ·cited 16×
  Operational negligence by longshoremen or their employer does not render a vessel unseaworthy if the vessel, its equipment, and the loading method were otherwise adequate.
• William v. Chappell, Jr.
  224 So. 2d 791· Fla. 1st DCA· 1969-07-10 ·cited 16×
  Chappell sold his electrical service business to Scarborough but purchased J. & J. Electric Service from Scarborough. When a minor was killed due to allegedly negligent electrical installation, the boy's father sued both men. Chappell filed a cross-claim against Scarborough seeki
• Hunt v. Ryder Truck Rentals, Inc.
  216 So. 2d 751· Fla.· 1968-12-10 ·cited 16×
  Francis Hunt, injured while working for a newspaper, received workers' compensation from his employer and sued Ryder Truck Rentals, the lessor of the defective truck, for negligent maintenance. The Florida Supreme Court reversed summary judgment against Hunt, holding that a lesso
• Mead Johnson & Co. v. Baby's Formula Serv., Inc.
  402 F.2d 19· 5th Cir.· 1968-10-10 ·cited 16×
  The court held that the trial court erred in denying an accounting for trademark infringement based on laches and acquiescence, and in dismissing claims against individual officers without proper consideration of their direct involvement.
• Gudgel v. S. Shippers, Inc.
  387 F.2d 723· 7th Cir.· 1967-10-26 ·cited 16×
  The court held that the trial court did not err in granting judgment notwithstanding the verdict because the evidence did not reasonably support the jury's finding that the driver was acting within the scope of the defendant carrier's business at the time of the collision.
• Burnell Keath Uptagrafft v. United States
  315 F.2d 200· 4th Cir.· 1963-03-07 ·cited 16×
  The court held that neither the Federal Tort Claims Act nor general principles of indemnity provide a basis for an employee to seek indemnity or exoneration from the United States for liabilities incurred while acting within the scope of employment, absent an express contract.
• City OF Coral Gables v. Giblin
  127 So. 2d 914· Fla. 3d DCA· 1961-03-13 ·cited 16×
  The City of Coral Gables appealed a $34,000 judgment for false imprisonment after its police officer arrested a woman in Miami for violating a municipal traffic ordinance committed in Coral Gables. The court reversed, holding that a municipal police officer has no authority to ar
• United States v. Holcombe
  277 F.2d 143· 4th Cir.· 1960-04-18 ·cited 16×
  An Officers' Mess at a naval base is a "federal agency" within the meaning of the Tort Claims Act, making the United States liable for the negligence of its employees.
• Kermarec v. Compagnie Generale Transatlantique
  245 F.2d 175· 2d Cir.· 1957-05-21 ·cited 16×
  The court held that federal maritime law applies and the plaintiff was an invitee, entitling him to a higher duty of care from the shipowner.
• White Auto Stores, Inc. v. Reyes
  223 F.2d 298· 10th Cir.· 1955-05-24 ·cited 16×
  An employer is liable for an employee's negligent acts if they are within the general scope of employment, even if unauthorized or forbidden, and done in furtherance of the employer's business.
• Hicks v. Kemp
  79 So. 2d 696· Fla.· 1955-04-20 ·cited 16×
  An employee injured while riding on a moving truck sued his employer for negligence. The trial court granted summary judgment for the defendant, but the Florida Supreme Court reversed, holding that material factual disputes existed regarding the employer-employee relationship and
• Merwin v. Kellems
  78 So. 2d 865· Fla.· 1955-03-16 ·cited 16×
  This case involves an appeal from a jury verdict awarding damages for personal injury in a car accident. The appellate court affirmed the jury's findings regarding negligence, the extent of damages, and the employment relationship between the driver and a corporate defendant, uph
• Fouts v. Household Fin. Corp.
  75 So. 2d 772· Fla.· 1954-11-16 ·cited 16×
  Martha Fouts sued Household Finance Corporation and its employee Joseph Brune for trespass and abuse committed at her home while Brune was attempting to collect a debt. The Florida Supreme Court reversed a summary judgment for the corporation, holding that genuine issues of mater
• Kuykendall et ux. v. United Gas Pipe Line Co.
  208 F.2d 921· 5th Cir.· 1953-12-30 ·cited 16×
  The court held that where an employee's testimony regarding their mission at the time of an accident is clear, positive, uncontradicted, and corroborated by circumstances, a jury cannot disregard it, even if the employee is interested.
• Indem. Ins. Co. of N. Am. v. Kellas
  173 F.2d 120· 1st Cir.· 1949-03-04 ·cited 16×
  The court affirmed the dismissal of the declaratory judgment complaint, holding that the district court did not abuse its discretion in declining to exercise jurisdiction.
• Sheaf v. Minneapolis
  162 F.2d 110· 8th Cir.· 1947-06-18 ·cited 16×
  A railroad company is not liable under the Federal Employers' Liability Act for an unprovoked assault by one employee on another if the assault was not committed in furtherance of the employer's business or within the scope of the aggressor's employment.
• Eppinger & Russell Co. v. Trembly
  90 Fla. 145· Fla.· 1925-07-13 ·cited 16×
  The Florida Supreme Court reversed a judgment awarding damages for personal injuries caused by negligent operation of a motor vehicle, holding that the trial court's jury charge improperly allowed liability based solely on the defendant's authorization of vehicle use on a prior d
• Nolan v. Moore
  81 Fla. 600· Fla.· 1921-04-25 ·cited 16×
  This case addresses whether Florida's wrongful death statute permits recovery against an individual whose servant negligently caused a minor child's death. The Florida Supreme Court held that the statute implicitly includes liability for servants' acts under the common law doctri
• Suzuki OF Orange Park, Inc. v. Shubert
  86 F.3d 1060· 11th Cir.· 1996-07-01 ·cited 15×
  Suzuki of Orange Park, Inc., a recreational watercraft dealer, sought to limit its liability under the Limitation of Vessel Owner's Liability Act after a Seadoo Explorer it owned struck passenger Steven Shubert during a customer demonstration event, causing serious injuries. The
• Pate v. Rich Gilmore
  647 So. 2d 235· Fla. 1st DCA· 1994-11-16 ·cited 15×
  Summary judgment was improperly granted because genuine issues of material fact exist regarding whether the stable hand was an employee or independent contractor, and whether she was negligent.
• Price v. Bernardo Beker, M.D.
  629 So. 2d 911· Fla. 4th DCA· 1993-12-01 ·cited 15×
  The court reversed a trial court's dismissal of claims against a hospital employer (passive tortfeasor) where the plaintiff had settled with and released the treating physician (active tortfeasor). The court held that a consent dismissal with prejudice does not constitute an adju
• Barry Cook Ford, Inc. v. Ford Motor Co.
  616 So. 2d 512· Fla. 1st DCA· 1993-03-18 ·cited 15×
  Barry Cook Ford challenged a summary judgment upholding Ford Motor Company's termination of their franchise agreement based on alleged misconduct of the dealer itself. The appellate court affirmed the lower court's judgment, holding that the franchise agreement unambiguously perm
• Walker v. The City OF NEW York
  974 F.2d 293· 2d Cir.· 1992-09-04 ·cited 15×
  A municipality can be liable under § 1983 for a district attorney's deliberate indifference in failing to train or supervise prosecutors regarding Brady obligations, and for police officers' perjury, if such failures amount to deliberate indifference and are the proximate cause o