Respondeat Superior

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

• Hammack v. Veillette
  233 So. 2d 836· Fla. 3d DCA· 1970-04-14 ·cited 14×
  This case addresses whether the contributory negligence of a husband driving a jointly-owned automobile can be imputed to his wife, who was a passenger, in her negligence claim against a third party. The court held that co-ownership creates a relationship of equal status that pre
• Commercial Union Ins. Co. of N.Y. v. Reichard
  404 F.2d 868· 5th Cir.· 1968-12-02 ·cited 14×
  The court held that the insurer was liable for punitive damages awarded against its insured because the jury charge limited the basis for such damages to vicarious liability, which was covered by the policy.
• Mrs. Odette Kiff v. The Travelers Ins. Co.
  402 F.2d 129· 5th Cir.· 1968-09-11 ·cited 14×
• Dovell v. Arundel Supply Corp.
  361 F.2d 543· D.C. Cir.· 1966-05-06 ·cited 14×
  The court held that the driver-owner of a truck, who owned his own truck, hired his own helpers, and had significant responsibility for investment and management, was an independent contractor, not an employee.
• Lifetime Siding, Inc. v. United States
  359 F.2d 657· 2d Cir.· 1966-03-22 ·cited 14×
  The court held that the district court correctly submitted the question of employee versus independent contractor status to the jury under proper instructions, and the jury's verdict was supported by the evidence.
• Atl. Coast Line R.R. Co. & Seaboard Air Line R.R. Co. v. Braz
  182 So. 2d 491· Fla. 3d DCA· 1966-01-25 ·cited 14×
  The Florida District Court of Appeal affirmed jury verdicts in a wrongful death case brought by Bernard Braz following a railroad crossing collision that killed his wife and 19-month-old daughter, but conditionally affirmed the wife's judgment subject to a remittitur of $25,000 t
• Brucker v. United States
  338 F.2d 427· 9th Cir.· 1964-11-18 ·cited 14×
  The court held that the pilot was not an agent or servant of the United States, and the Club president's authorization of the flight was not negligent, thus precluding liability under the Federal Tort Claims Act.
• Riggs Distler & Co., Inc. v. Nat'l Labor Relations Bd.
  327 F.2d 575· 4th Cir.· 1963-12-27 ·cited 14×
  The court held that the National Labor Relations Board's finding of unlawful motivation for the discharges lacked substantial evidentiary support.
• Voytas v. United States
  256 F.2d 786· 7th Cir.· 1958-06-26 ·cited 14×
  The United States is not liable under the Federal Tort Claims Act for damages caused by a soldier who stole explosives and gave them to a civilian, as the soldier's actions were outside the scope of his employment.
• United States v. Kennedy
  230 F.2d 674· 9th Cir.· 1956-02-01 ·cited 14×
  The court held that the United States is liable under the Federal Tort Claims Act for the negligence of a soldier acting within the scope of his employment, even when combining personal business with military duties.
• Pac. Emp'rs Ins. Co. v. Hartford Accident & Indem. Co.
  228 F.2d 365· 9th Cir.· 1955-11-16 ·cited 14×
  The court held that the trial court erred in finding the employer negligent as a joint tort-feasor and in applying the statute of limitations, reversing the judgment and remanding for entry of judgment for Pacific.
• Gilman v. United States
  206 F.2d 846· 9th Cir.· 1953-08-03 ·cited 14×
  The dissenting judge believes the government should be able to implead its employees for negligence under the Federal Tort Claims Act, similar to private employers.
• United States v. Inmon
  205 F.2d 681· 5th Cir.· 1953-06-30 ·cited 14×
  The United States is not liable under the Federal Tort Claims Act for injuries caused by blasting caps left on property after the Army vacated, as the government fulfilled its duty by posting warnings and fencing the area, and the injured party was contributorily negligent.
• Southeastern Greyhound Lines v. McCAFFERTY
  169 F.2d 1· 6th Cir.· 1948-06-03 ·cited 14×
  The court held that a judgment against an employer based on an employee's negligence can stand even if no verdict was returned against the employee, provided the employer did not move for a directed verdict and there was sufficient evidence of the employee's negligence.
• Elder v. Dixie Greyhound Lines, Inc.
  158 F.2d 200· 8th Cir.· 1946-12-04 ·cited 14×
  The court held that the trial court did not err in refusing to permit the plaintiff to dismiss his action without prejudice after the court had indicated its intention to grant a directed verdict for the defendant.
• Nat'l Labor Relations Bd. v. Packard Motor CAR Co. & (Foreman's League FOR Educ. & Ass'n
  157 F.2d 80· 6th Cir.· 1946-08-12 ·cited 14×
  The court denied the petition for rehearing.
• President & Directors of Georgetown Coll. v. Hughes
  130 F.2d 810· D.C. Cir.· 1942-06-30 ·cited 14×
  A charitable corporation is liable for the negligent acts of its employees acting within the scope of their employment, even when the injured party is a beneficiary of the charity.
• Ford Motor Co. v. Farley F. Floyd
  137 Fla. 301· Fla.· 1939-04-21 ·cited 14×
  Ford Motor Company and its employee DesChamps were sued for negligence after a woman, to whom DesChamps gave access to a company car for a personal weekend trip, caused a fatal collision. The Florida Supreme Court held Ford Motor Company not liable because DesChamps had exceeded
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• The House of God Which Is the Church of the Living God v. Ashanta White and Semmie Taylor
  792 So. 2d 491· Fla. 4th DCA· 2000-07-07 ·cited 13×
  A church sought a writ of prohibition to bar a lawsuit by a former parishioner alleging slander, vicarious liability, and negligent retention of a pastor. The court held that claims against the church (vicarious liability and negligent supervision) were barred by the First Amendm
• Buzzi v. Gomez
  62 F. Supp. 2d 1344· S.D. Fla.· 1999-02-12 ·cited 13×
  The court held that the plaintiff's claims were barred for failure to exhaust administrative remedies and for failing to establish a prima facie case of retaliation or pretextual discrimination.
• Blount v. Sterling Healthcare Grp., Inc.
  934 F. Supp. 1365· S.D. Fla.· 1996-05-28 ·cited 13×
  The court adopted the magistrate's recommendation, granting dismissal of claims against an individual employee under Title VII and the Florida Civil Rights Act, dismissing the intentional infliction of emotional distress claim, but denying dismissal of the respondeat superior cla
• Arthur v. Hillsborough Cnty. Bd. of Crim. Just.
  588 So. 2d 236· Fla. 2d DCA· 1991-05-08 ·cited 13×
  Bradley Arthur appealed the dismissal of his civil rights claim against the Hillsborough County Board of Criminal Justice arising from beatings he received in jail. Following remand from the U.S. Supreme Court, the Florida appellate court affirmed summary judgment for the Board,
• Brockington v. Certified Elec., Inc.
  903 F.2d 1523· 11th Cir.· 1990-06-26 ·cited 13×
  The court held that the plaintiff, a land-based electrician, was not a "maritime employee" under the Longshore and Harbor Workers' Compensation Act (LHWCA) and that his recovery was barred by the exclusive remedy provisions of the Georgia Workers' Compensation Act under general m
• Azalean Stallworth v. City OF Cleveland
  893 F.2d 830· 6th Cir.· 1990-01-11 ·cited 13×
  The court affirmed the lower court's decision regarding vicarious liability and damages but reversed the award of prejudgment interest.
• Risinger v. Ohio Bureau OF Workers' Comp. & Barbara Riley
  883 F.2d 475· 6th Cir.· 1989-08-24 ·cited 13×
  The Sixth Circuit held that the district court clearly erred in finding that the plaintiff failed to establish a prima facie case of a racially hostile work environment, reversing the dismissal and remanding for further proceedings.
• Lohr v. Hattie Mae Byrd
  522 So. 2d 845· Fla.· 1988-04-14 ·cited 13×
  The Florida Supreme Court held that punitive damages cannot be awarded against a deceased tortfeasor's estate, rejecting the Fifth District's interpretation of the survival statute and concluding that punishing innocent heirs violates fundamental principles of justice. The Court
• Caribbean Ship Chandler, Inc. v. Metro. Dade Cnty.
  523 So. 2d 642· Fla. 3d DCA· 1988-03-08 ·cited 13×
• Union City Barge Line, Inc. v. Union Carbide Corp.
  823 F.2d 129· 5th Cir.· 1987-08-03 ·cited 13×
  The court held that the plaintiff was denied its right to discovery, and the summary judgment was granted prematurely without adequate opportunity for discovery.
• LaBARGE v. Cnty. OF Mariposa
  798 F.2d 364· 9th Cir.· 1986-08-26 ·cited 13×
  The United States is immune from contribution suits under the Federal Tort Claims Act when it would be analogized to a private employer covered by state workers' compensation laws, which provide exclusive liability for employers.
• Mullins v. Wilna Harrell
  490 So. 2d 1338· Fla. 5th DCA· 1986-07-03 ·cited 13×
  Bob Mullins appeals a judgment for $6,352.50 entered in favor of Auto Owners Insurance Company (subrogated to the Harrells' claim) for destruction of a truck left at Mullins' auto repair shop. The court reverses, finding no basis for liability under either respondeat superior or
• Montgomery Ward & Co., Inc. v. Hoey
  486 So. 2d 1368· Fla. 5th DCA· 1986-04-10 ·cited 13×
  A security guard employed by Montgomery Ward detained a customer on suspicion of shoplifting, leading to her arrest and prosecution. After the charges were dismissed, the customer sued for malicious prosecution, battery, slander, and negligence. The jury awarded compensatory dama
• Freeman v. Manpower, Inc.
  453 So. 2d 208· Fla. 1st DCA· 1984-07-25 ·cited 13×
  The Freemans sued Manpower temporary services for injuries from a car accident caused by Manpower employee McLaney en route to a job assignment. The court affirmed summary judgment for Manpower, holding that an employee traveling to work is not acting within the scope of employme
• Adden v. Middlebrooks
  688 F.2d 1147· 7th Cir.· 1982-09-15 ·cited 13×
  The court held that the plaintiff's suit against the Louisiana Department of Corrections is barred by the Eleventh Amendment, but the plaintiff may proceed against Middlebrooks and Phelps in their individual capacities.
• Darcell Nelson v. Shell OIL Co.
  396 So. 2d 752· Fla. 3d DCA· 1981-03-24 ·cited 13×
  The appellate court affirmed a summary judgment for Shell Oil Company, ruling that the service station operator was an independent contractor, not an agent. Therefore, Shell was not vicariously liable for the employee's tortious actions.
• Rabon v. Guardsmark, Inc.
  571 F.2d 1277· 4th Cir.· 1978-02-16 ·cited 13×
  The court should affirm the district judge's imposition of liability on the security agency.
• Hattie M. Lockhart v. Friendly Fin. Co.
  110 So. 2d 478· Fla. 1st DCA· 1959-02-10 ·cited 13×
  A finance company's agent forcibly entered the plaintiff's home and seized a television receiver on which the company held an unrecorded lien, causing property damage. The trial court directed a verdict for the plaintiff on liability, but granted a new trial on the grounds that t
• R.R. v. New Life Cmty. Church of CMA, Inc.
  303 So. 3d 916· Fla.· 2020-10-01 ·cited 12×
  Courts must apply the statutory framework governing accrual and tolling in chapter 95, Florida Statutes, and cannot adopt judge-made delayed accrual rules for minors' tort claims. A minor's negligence and respondeat superior claims accrue when the last element of the cause of act
• Bethany Evangelical Covenant Church OF Miami v. Calandra
  994 So. 2d 478· Fla. 3d DCA· 2008-11-05 ·cited 12×
  The Third District Court of Appeal reversed a trial court's decision to sever claims against a regional and national church from claims against a local church in a case involving allegations of inappropriate contact by a teacher. The court held that because all claims arose from
• Simpson v. Cohen
  812 So. 2d 588· Fla. 4th DCA· 2002-04-03 ·cited 12×
  The Fourth DCA affirmed a trial court's order compelling arbitration, finding that a broad arbitration clause is enforceable even when the entire contract is alleged to have been fraudulently induced.
• Samedi v. Miami-Dade Cnty.
  134 F. Supp. 2d 1320· S.D. Fla.· 2001-01-26 ·cited 12×
  Summary judgment is granted for Defendant White on claims of supervisory liability and retaliation, and for other defendants on various counts, due to lack of genuine issues of material fact.
• Jane DOE I and Jane Doe II v. Malicki
  771 So. 2d 545· Fla. 3d DCA· 2000-07-26 ·cited 12×
  Two women sued St. David Catholic Church and the Archdiocese of Miami for damages from sexual assaults by a priest, claiming negligent hiring and supervision, respondeat superior, and breach of implied contract. The trial court dismissed the claims on First Amendment grounds, but
• Ortega v. Silva
  712 So. 2d 1148· Fla. 4th DCA· 1998-06-10 ·cited 12×
  The Florida Fourth District Court of Appeal dismissed a petition for certiorari seeking review of an order allowing a claim for punitive damages. The court clarified that certiorari jurisdiction extends only to reviewing whether a trial judge followed procedural requirements unde
• Jones v. Kirkland
  696 So. 2d 1249· Fla. 4th DCA· 1997-06-25 ·cited 12×
  A prisoner disciplined at a state correctional facility appeals dismissal of his complaint alleging that correctional officials violated his due process rights by denying his requests for staff assistance, witnesses, and documentary evidence at a disciplinary hearing. The court r
• Nuta v. Genders
  617 So. 2d 329· Fla. 3d DCA· 1993-03-30 ·cited 12×
  The court held that while there was sufficient evidence to support the jury's finding of negligence, there was insufficient evidence to support the award for future medical expenses.
• Hudson T. Harrison & Harrison Constr. Inc. v. Reynolds
  974 F.2d 873· 7th Cir.· 1992-09-08 ·cited 12×
  The court held that the district court erred in granting summary judgment on the Section 20(a) claim, as genuine issues of material fact exist regarding Dean Witter's control over its employees' actions. The court also affirmed the district court's application of Illinois law due
• Marcus v. Carrasquillo
  782 F. Supp. 593· M.D. Fla.· 1992-01-09 ·cited 12×
  The court held that plaintiff's allegations of a racially motivated custom or policy of ignoring complaints were sufficient to withstand a motion to dismiss, but First Amendment claims lacked factual support and punitive damages demands were premature.
• Wallerstein v. Hosp. Corp. OF Am.
  573 So. 2d 9· Fla. 4th DCA· 1990-10-10 ·cited 12×
  The court reversed the dismissal of a negligent misrepresentation claim brought by adoptive parents against a hospital and physicians who examined their adopted child before birth/adoption and allegedly assured them the child was healthy, when the child was later discovered to ha
• Bielevicz v. Officer J. Dubinon
  915 F.2d 845· 3d Cir.· 1990-09-28 ·cited 12×
  The court held that the plaintiffs presented sufficient evidence to withstand a motion for directed verdict on the issue of whether their injuries were caused by the City's custom of arresting people for public intoxication without probable cause and with no intention of prosecut
• Guess v. Bethlehem Steel Corp.
  913 F.2d 463· 7th Cir.· 1990-09-20 ·cited 12×
  The court held that an employer's liability for coworker sexual harassment is based on a negligence standard, not strict liability, and that state law claims for intentional infliction of emotional distress and breach of contract were barred by Indiana's workers' compensation exc