Respondeat Superior

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

• Taylor v. Phelan
  912 F.2d 429· 10th Cir.· 1990-08-27 ·cited 12×
  The court held that the plaintiffs made a sufficient prima facie showing of minimum contacts to establish personal jurisdiction over the defendants in Kansas, reversing the district court's dismissal.
• United States v. Stevens
  909 F.2d 431· 11th Cir.· 1990-08-15 ·cited 12×
  A sole stockholder who completely controls a corporation and is the sole actor in its activities cannot be guilty of a criminal conspiracy with that corporation, as conspiracy requires an agreement between two or more persons.
• LOS Angeles Police Protective League v. Gates
  907 F.2d 879· 9th Cir.· 1990-07-03 ·cited 12×
  The court held that the individual LAPD employees were entitled to qualified immunity because the law regarding administrative searches of a police officer's home was not clearly established in 1982, and they relied on legal advice. The court also held that the City was not liabl
• Drinkwater v. Union Carbide Corp.
  904 F.2d 853· 3d Cir.· 1990-06-06 ·cited 12×
  The court held that while a consensual relationship between a supervisor and co-worker can contribute to a hostile work environment, the plaintiff's claim failed due to insufficient evidence of pervasive harassment. However, the court reversed summary judgment on the retaliation
• Ware v. Unified Sch. Dist. NO. 492
  902 F.2d 815· 10th Cir.· 1990-05-07 ·cited 12×
  The majority holds the School District liable for violating Ware's First Amendment rights based on 'deliberate indifference,' despite the district court's findings.
• Weller v. Dep't OF Soc. Servs. FOR the City OF Baltimore
  901 F.2d 387· 4th Cir.· 1990-04-19 ·cited 12×
  The court held that while most of the plaintiff's claims were properly dismissed for lack of jurisdiction, the complaint sufficiently alleged a procedural due process violation regarding the transfer of child custody without a hearing to warrant further factual inquiry.
• Bolin v. Black
  875 F.2d 1343· 8th Cir.· 1989-05-26 ·cited 12×
  The court held that the evidence was sufficient to support the jury's verdict against supervisory officials for constitutional violations based on deliberate indifference or tacit authorization, and that the jury instructions, when read as a whole, fairly stated the governing law
• Richards v. Attorneys' Title Guar. Fund, Inc.
  866 F.2d 1570· 10th Cir.· 1989-02-14 ·cited 12×
  A principal is liable under Restatement (Second) of Agency § 261 for an agent's theft if the principal placed the agent in a position to commit the act, even if the act was theft rather than fraud, and the agent was acting within apparent authority.
• Wilson v. Chicago
  841 F.2d 1347· 7th Cir.· 1988-03-08 ·cited 12×
  The court held that summary judgment was improper because genuine issues of material fact exist regarding whether the employee's actions fell within the scope of his employment under FELA.
• Awilda Ramirez Pomales v. Becton Dickinson & Co., S.A.
  839 F.2d 1· 1st Cir.· 1988-02-10 ·cited 12×
  The court held that the district court did not abuse its discretion in refusing to modify the final pre-trial order and did not err in granting a directed verdict for the defendant.
• Jett v. Dallas Indep. Sch. Dist.
  837 F.2d 1244· 5th Cir.· 1988-02-05 ·cited 12×
  Respondeat superior is not a valid basis for imposing liability on a school district under 42 U.S.C. § 1981.
• Williams v. Nathan R. CASH-C.O.I.
  836 F.2d 1318· 11th Cir.· 1988-02-04 ·cited 12×
  Summary judgment for the prison guards is reversed because a genuine issue of material fact exists regarding whether they used excessive force, but summary judgment for the warden and Department of Corrections is affirmed as there is no respondeat superior liability.
• Rule v. Lutheran Hosps. & Homes Soc'y OF Am.
  835 F.2d 1250· 8th Cir.· 1987-12-29 ·cited 12×
  The court held that the jury could reasonably find that the hospital's negligence in granting privileges was the proximate cause of the child's injuries, and that the jury instructions were proper.
• Dodd v. City OF Norwich & Eric Larson
  827 F.2d 1· 2d Cir.· 1987-08-31 ·cited 12×
  The court held that the accidental shooting of a suspect during a struggle does not constitute an unreasonable seizure under the Fourth Amendment, and therefore, neither the arresting officer nor the city can be held liable for a constitutional violation.
• Kaydette Hawkins v. Wash. Shores Sav. Bank
  509 So. 2d 1314· Fla. 5th DCA· 1987-07-16 ·cited 12×
  The appellate court affirmed the trial court's dismissal of the appellant's third amended complaint against the savings bank, finding that the complaint failed to allege respondeat superior and that the statute of limitations had run based on the attached exhibits.
• Huey Henry Breaux v. Schlumberger Offshore Servs.
  817 F.2d 1226· 5th Cir.· 1987-06-02 ·cited 12×
  The majority incorrectly applied the doctrine of detrimental reliance to bind Schlumberger, as it requires less proof than apparent authority and alters Louisiana law significantly.
• Barnier v. Szentmiklosi
  810 F.2d 594· 6th Cir.· 1987-02-10 ·cited 12×
  The court held that while the adequacy of state remedies can limit § 1983 claims, liberty and property interests should not be removed from § 1983's protection at the outset of analysis.
• Rocky Mountain Helicopters, Inc. v. Bell Helicopters Textron
  805 F.2d 907· 10th Cir.· 1986-11-19 ·cited 12×
  A lienholder named in a breach of warranty endorsement is not automatically an "insured party" immune from subrogation claims under Texas law, especially when not listed as an insured, not paying premiums, and the policy's intent was not to cover the lienholder's negligence.
• Bennett v. United States
  803 F.2d 1502· 9th Cir.· 1986-11-07 ·cited 12×
  The Federal Tort Claims Act's assault and battery exception does not insulate the government from liability for its own negligence that proximately causes injury, even if an assault or battery is involved.
• Bush v. Viterna
  795 F.2d 1203· 5th Cir.· 1986-08-04 ·cited 12×
  A federal court cannot use 42 U.S.C. § 1983 to enforce state-imposed duties on a state agency when the agency's failure to act does not directly cause a deprivation of federal constitutional rights.
• Hoot v. United States
  790 F.2d 836· 10th Cir.· 1986-05-12 ·cited 12×
  The court held that the complaint, alleging negligence in failing to provide mental health treatment to a soldier who subsequently assaulted a civilian, should not be dismissed as arising out of assault and battery under 28 U.S.C. § 2680(h).
• Wierstak v. Heffernan
  789 F.2d 968· 1st Cir.· 1986-05-02 ·cited 12×
  The court affirmed the judgment, holding that the district court did not err in excluding prior convictions, admitting expert testimony, denying motions for directed verdict or judgment notwithstanding the verdict, or in its findings on municipal liability.
• Steele v. The Hartford Fire Ins. Co.
  788 F.2d 441· 7th Cir.· 1986-04-10 ·cited 12×
  The court held that the insurer did not act in bad faith by refusing to settle for policy limits plus a covenant not to sue, as its actions were objectively consistent with protecting the insured's interests and the district court's finding of bad faith was clearly erroneous.
• Rollins v. Farmer
  731 F.2d 533· 8th Cir.· 1984-04-02 ·cited 12×
  The court held that the trial court erred in dismissing the suit against Officer Farmer in his individual capacity, as his good faith was placed in contention at the pretrial conference.
• Glick v. Sargent
  696 F.2d 413· 8th Cir.· 1983-01-10 ·cited 12×
  The court held that the inmate's pro se complaint failed to state a cause of action against the prison officers and warden, and that courts generally do not review prison disciplinary factual findings.
• Farish v. Bankers Multiple Line Ins. Co. & First Marine Bank & Tr. Co. of the Palm Beaches
  425 So. 2d 12· Fla. 4th DCA· 1982-09-22 ·cited 12×
  In this tortious interference with contract case, the Farish law firm obtained a jury verdict of $50,000 compensatory and $2,000,000 punitive damages against Bankers Multiple Line Insurance Company for interfering with its representation of a wrongful death client. The trial cour
• Remola Boykin v. The Dist. of Columbia
  689 F.2d 1092· D.C. Cir.· 1982-09-10 ·cited 12×
  The court held that municipalities cannot be held liable under a respondeat superior theory for constitutional torts committed by their employees in Bivens-type actions, and that claims under 42 U.S.C. §§ 1983, 1985, and 1986 are not applicable to the District of Columbia in this
• Wendee Henricksen v. Henricksen
  640 F.2d 880· 7th Cir.· 1981-02-06 ·cited 12×
  A brokerage firm is liable under Section 20(a) of the Securities Exchange Act of 1934 and common law respondeat superior for its employee's fraudulent actions when it fails to adequately supervise the employee and enforce its own compliance rules, even if the client granted discr
• Taylor v. Mayone
  626 F.2d 247· 2d Cir.· 1980-06-27 ·cited 12×
  The court held that the three-year statute of limitations under CPLR § 214(2) applies to federal civil rights suits against sheriffs and their deputies, not the one-year limit of CPLR § 215(1).
• Nutt v. Loomis Hydraulic Testing Co.
  552 F.2d 1126· 5th Cir.· 1977-05-27 ·cited 12×
  The court held that the employer (Loomis) is liable for contribution to the other vessel (Union) based on the negligence of the employer's employee (decedent), even though the employee's negligence had already been factored into the wrongful death award.
• Reina v. Metro. Dade Cnty.
  304 So. 2d 101· Fla.· 1974-10-02 ·cited 12×
• Bracey v. Grenoble
  494 F.2d 566· 3d Cir.· 1974-03-18 ·cited 12×
  The court held that the district court's reliance on unadmitted interrogatory answers was impermissible, and thus, judgment for the defendant was not warranted.
• Parr v. Great Lakes Express Co.
  484 F.2d 767· 7th Cir.· 1973-07-16 ·cited 12×
  The court held that the third-party complaint, liberally construed, stated a claim upon which relief could be granted, and thus the dismissal was improper.
• Tuberville v. Concrete Constr. Co.
  270 So. 2d 431· Fla. 1st DCA· 1972-12-14 ·cited 12×
  Tuberville sued Concrete Construction Company for damages caused by its employee Coffman's assault. The trial court granted summary judgment dismissing the company based on finding Coffman acted outside his scope of employment. The appellate court reversed, holding that whether a
• Cyril v. Dornan
  460 F.2d 425· 9th Cir.· 1972-05-01 ·cited 12×
  The United States is liable under the Federal Tort Claims Act for the negligence of a federal employee operating government equipment, even when assisting a private contractor, if the federal employee remains under the ultimate control of the United States.
• Yumich v. Cotter
  452 F.2d 59· 7th Cir.· 1971-10-13 ·cited 12×
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's reversal.
• Ahrens v. American-Canadian Beaver Co., Inc.
  428 F.2d 926· 10th Cir.· 1970-07-15 ·cited 12×
  The court held that the trial judge's comment to the jury was erroneous and prejudicial, and that the determination of whether the contracts were securities was a question of law, not fact, requiring reversal.
• Nat'l Compressor Corp. v. Carrow
  417 F.2d 97· 8th Cir.· 1969-10-27 ·cited 12×
  The court held that the appellants retained a right to control the demolition work, making them liable for the independent contractor's negligence under respondeat superior, and that the plaintiff had standing to sue due to an insurable interest in the damaged goods.
• Evett v. City OF Inverness
  224 So. 2d 365· Fla. 2d DCA· 1969-07-02 ·cited 12×
  A city police officer does not owe an individual duty to members of the public when performing general public safety duties, thus the city cannot be held liable under respondeat superior for the officer's alleged negligence.
• United States v. McROBERTS
  409 F.2d 195· 9th Cir.· 1969-03-11 ·cited 12×
  The court held that the serviceman was not acting within the scope of his employment when the accident occurred, thus the government is not liable under the Federal Tort Claims Act.
• Allstate Ins. Co. v. Am. Cas. Co. OF Reading
  200 So. 2d 587· Fla. 3d DCA· 1967-06-20 ·cited 12×
  Allstate Insurance Company appealed a declaratory judgment determining that its automobile liability policy was primary insurance for a tractor-trailer accident, while American Casualty Company's policy was excess insurance. The court affirmed, holding that the insurer with a pro
• M R & R Trucking Co. v. Griffin
  198 So. 2d 879· Fla. 1st DCA· 1967-04-18 ·cited 12×
  In this appeal from a jury verdict awarding damages for assault and battery, the Florida District Court of Appeal affirmed liability against the employee Dukes but reversed and remanded as to the corporate employer, finding insufficient evidence that the intentional tort occurred
• C. H. Leavell & Co. v. Fireman's Fund Ins. Co.
  372 F.2d 784· 9th Cir.· 1967-02-13 ·cited 12×
  The court held that the "general design or method of construction" in the insurance policy's exclusion clause referred only to the original plans and specifications, not temporary working plans, and therefore the policy remained in effect despite deviations in construction method
• The HERTZ Corp. v. Dixon
  193 So. 2d 176· Fla. 1st DCA· 1966-12-29 ·cited 12×
  A co-owner of an automobile who executes a conditional sales contract designating himself as co-buyer and holds record title is vicariously liable for damages caused by the other co-owner's negligent operation of the vehicle.
• Sands v. IVY Liquors, Inc.
  192 So. 2d 775· Fla. 3d DCA· 1966-12-13 ·cited 12×
  In this respondeat superior case, a liquor store owner was granted a directed verdict after a manager's gun discharged and injured a customer during a conversation. The appellate court reversed, holding that a jury question existed as to whether the manager was acting within the
• United States v. Romitti
  363 F.2d 662· 9th Cir.· 1966-07-18 ·cited 12×
• Tage E. Pearson v. Youngstown Sheet & Tube Co.
  332 F.2d 439· 7th Cir.· 1964-06-04 ·cited 12×
  The court held that an implied contract for permanent employment is terminable at will and that a corporation cannot conspire with its own agent to interfere with its own contract.
• Merritt v. United States
  332 F.2d 397· 1st Cir.· 1964-06-01 ·cited 12×
  The court held that the government is not liable under the Federal Tort Claims Act for a sergeant's negligent act of setting fire to a leased dwelling while off-duty, as the act was not within the scope of his employment under state respondeat superior law.
• Mider v. United States
  322 F.2d 193· 6th Cir.· 1963-09-10 ·cited 12×
  The United States is not liable under the Federal Tort Claims Act for injuries caused by a military member driving a government vehicle for personal reasons, as the driver was not acting within the scope of employment or line of duty.
• United States v. State OF Md.
  322 F.2d 1009· D.C. Cir.· 1963-06-13 ·cited 12×
  The court held that Captain McCoy, a civilian air technician paid by the United States to care for federal property allocated to the Air National Guard, was an employee of the United States acting within the scope of his employment under the Federal Tort Claims Act. The court als