Respondeat Superior

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

• Nichols v. McGRAW
  152 So. 2d 486· Fla. 1st DCA· 1963-04-18 ·cited 12×
  Charles Nichols appealed a summary judgment entered in favor of Gerlach Motor Company arising from a fatal automobile accident caused by McGraw, a Gerlach employee. The court affirmed, holding that Gerlach was not liable under respondeat superior or estoppel theories because McGr
• Goldie v. Dillon
  140 So. 2d 81· Fla. 2d DCA· 1962-04-18 ·cited 12×
  Goldie appealed a summary judgment dismissing his negligence claim against service station owner Dillon after Goldie was injured by a lawn mower operated by Douglas, a bystander. The court reversed, holding that a genuine issue of material fact exists regarding whether Douglas be
• McKEE v. Sheraton-Russell, Inc.
  268 F.2d 669· 2d Cir.· 1959-07-06 ·cited 12×
  The court held that New York law does not impose liability on an innkeeper for a servant's maltreatment of a guest unless the servant acted within scope of authority or the innkeeper lacked due diligence in selection/supervision.
• S. Birch & Sons v. Martin
  244 F.2d 556· 9th Cir.· 1957-05-15 ·cited 12×
  A partnership is not vicariously liable for the intentional torts of its employees committed off-duty and outside the scope of employment, nor is it directly liable if its supervisory employees, who were found not negligent, were the only ones who could have exercised the necessa
• Conversions & Surveys, Inc. v. Roach
  204 F.2d 499· 1st Cir.· 1953-05-22 ·cited 12×
  The court held that the defendant was not liable for the driver's negligence because the driver was not acting as a servant for the defendant at the time of the accident.
• United Pac. Ins. Co. v. Ohio Cas. INS. Co.
  172 F.2d 836· 9th Cir.· 1949-02-11 ·cited 12×
  The court held that the Ohio policy, due to specific endorsements and California insurance law interpretation, did not insure Gilbert personally, thus United's policy was primarily liable for the accident. The trial court's judgment was modified to reflect this.
• Knox v. Ingalls Shipbuilding Corp.
  158 F.2d 973· 5th Cir.· 1947-01-21 ·cited 12×
  An employer can be held liable under respondeat superior for the negligence of a physician employed by the employer to treat injured workers, especially when the clinic serves the employer's purposes.
• Brailas v. Shepard S. S. Co.
  152 F.2d 849· 2d Cir.· 1945-12-27 ·cited 12×
  The court held that the employer is not liable under the Jones Act for an employee's assault on a co-worker if the assault arises from personal differences rather than furtherance of the employer's business. The court also affirmed the jury's finding on the negligence claim.
• W. Union Tel. Co. v. Bromberg
  143 F.2d 288· 9th Cir.· 1944-06-14 ·cited 12×
  An employer is liable under respondeat superior for an employee's negligent act, even if it involves simple pedestrianism, when the employee is acting within the scope of their employment.
• United States Lighterage Corp. v. Petterson Lighterage & Towing Corp.
  142 F.2d 197· 2d Cir.· 1944-04-26 ·cited 12×
  The employer of stevedores can be held liable for damage caused by their negligent smoking, even if smoking is outside their direct scope of employment, if the employer knew or should have known such acts were likely and could cause damage.
• Park Transfer Co. v. Lumbermens Mut. Cas. Co.
  142 F.2d 100· D.C. Cir.· 1944-04-24 ·cited 12×
  A principal is not liable for an employee's tort if it is committed solely for the employee's personal purposes and not at all to serve the principal.
• Atl. Food Supply Co. v. Massey
  152 Fla. 43· Fla.· 1942-12-04 ·cited 12×
  A truck driver employed by Atlantic Food Supply Company negligently caused his vehicle to overturn and crash into Caroline Massey's automobile. The Supreme Court of Florida affirmed judgment for the plaintiff, holding that the employer remains liable for the employee's negligent
• Nat'l Labor Relations Bd. v. Cities Serv. Oil Co.
  129 F.2d 933· 2d Cir.· 1942-07-02 ·cited 12×
  The court held that the employer is responsible for the actions of its employee, Powers, in interfering with union activities and dominating labor organizations, and that the discharges of five employees were retaliatory.
• Atl. Coast Line R.R. Co. v. Canady
  122 Fla. 447· Fla.· 1936-02-06 ·cited 12×
  A nine-year-old girl lost her foot when struck by a backing railroad locomotive at a street crossing. The Florida Supreme Court reversed a jury verdict for the plaintiff, holding that the railroad company and its employees exercised reasonable care and that the child's own neglig
• The City of Jacksonville v. Columbus Drew, Jr.
  19 Fla. 106· Fla.· 1882-06-01 ·cited 12×
  The Florida Supreme Court held that a municipal corporation remains liable for damages caused by defective bridges and streets even when repair work is contracted to independent third parties. The City of Jacksonville cannot escape liability by delegating the bridge repair to ind
• Margarett Fields v. The Devereux Found., Inc.
  244 So. 3d 1193· Fla. 2d DCA· 2018-05-04 ·cited 11×
  An employer moving for summary judgment on vicarious liability for an employee's intentional tort must present affidavits or other summary judgment evidence demonstrating the nonexistence of material facts; a bare assertion without supporting evidence is insufficient to shift the
• W.D. v. Archdiocese OF Miami, Inc.
  197 So. 3d 584· Fla. 4th DCA· 2016-06-01 ·cited 11×
  A plaintiff who alleged childhood sexual abuse by priests at a Catholic school sought to overcome a statute of limitations bar by invoking the delayed discovery doctrine, equitable estoppel, and statutory exceptions. The Fourth District affirmed dismissal, holding that the delaye
• Hesterly v. Royal Caribbean Cruises, Ltd.
  515 F. Supp. 2d 1278· S.D. Fla.· 2007-08-06 ·cited 11×
  A cruise line is not vicariously liable for the medical negligence of its shipboard physicians, nor does it have a duty to supervise them, but it does have a duty to exercise reasonable care in hiring competent medical staff. State law claims are preempted by general maritime law
• Zivojinovich v. Ritz Carlton Hotel Co., LLC
  445 F. Supp. 2d 1337· M.D. Fla.· 2006-08-01 ·cited 11×
  The court held that plaintiffs lacked standing for their loss of business revenue claim and dismissed it, but denied motions to dismiss most other federal and state law claims, including a counterclaim for battery.
• Renay Hunter v. The Dist. OF Columbia
  943 F.2d 69· D.C. Cir.· 1991-08-30 ·cited 11×
  The court held that a plaintiff's § 1983 claim against an individual officer for excessive force, occurring before Graham v. Connor, must meet a heightened pleading standard and be judged against the "clearly established" law at the time, which in this circuit was the Norris stan
• Gibson v. The City OF Chicago
  910 F.2d 1510· 7th Cir.· 1990-08-23 ·cited 11×
  The court held that Officer Novit's actions were not under color of state law, affirming dismissal of the § 1983 claim against him. However, summary judgment for the City and O'Grady on municipal and supervisory liability claims were premature due to limited discovery.
• Good v. Dauphin Cnty. Soc. Servs. FOR Child. & Youth
  891 F.2d 1087· 3d Cir.· 1989-12-15 ·cited 11×
  Pennsylvania's Child Protective Services Law cannot immunize defendants from federal law violations, and officers Hooper and Sweigart are not entitled to qualified immunity based on the facts presented.
• Taylor v. List
  880 F.2d 1040· 9th Cir.· 1989-07-17 ·cited 11×
  The court held that a prisoner's Sixth Amendment right to self-representation includes the right to access law books and witnesses necessary to prepare a defense, and that genuine issues of material fact existed regarding whether prison officials violated this right.
• Merritt v. Cnty. OF LOS Angeles
  875 F.2d 765· 9th Cir.· 1989-05-24 ·cited 11×
  The court held that the district court erred in denying the motion to amend based on federal notice requirements, and that the grant of judgment notwithstanding the verdict for the County was proper due to insufficient evidence of a policy of inadequate training.
• Yohay v. City OF Alexandria Emps. Credit Union, Inc.
  827 F.2d 967· 4th Cir.· 1987-08-26 ·cited 11×
  The court held that the Credit Union and Ryan were liable under the Fair Credit Reporting Act for willfully obtaining a consumer report for impermissible purposes, and that Ryan was liable to indemnify the Credit Union.
• Sentry Ins. Co. v. AETNA Ins. Co.
  450 So. 2d 1233· Fla. 2d DCA· 1984-06-01 ·cited 11×
  Sentry Insurance and Aetna Insurance sought declarations of priority and indemnification after both contributed to settling a personal injury claim arising from an accident involving a vehicle insured by Aetna and driven by an employee of Sentry's insured. The trial court applied
• Caban v. United States
  728 F.2d 68· 2d Cir.· 1984-02-07 ·cited 11×
  The court should apply federal law, specifically INS regulations, to determine the standard of care for INS officials' actions under the FTCA, due to the Supremacy Clause.
• Atl. Cylinder Corp. v. Hetner
  438 So. 2d 922· Fla. 1st DCA· 1983-09-29 ·cited 11×
  A prior judgment on the merits against a corporation bars a subsequent suit against its officers for the same wrongful conduct, based on principles of election of actions and estoppel by judgment.
• Grand Union Co. v. United States
  696 F.2d 888· 11th Cir.· 1983-01-24 ·cited 11×
  The dissenting judge believes the majority erred in imputing employee knowledge to the corporation under the False Claims Act, arguing the government failed to prove the requisite 'guilty knowledge' or intent to defraud.
• Shealor v. Ruud
  221 So. 2d 765· Fla. 4th DCA· 1969-04-07 ·cited 11×
  The Fourth District Court of Appeal reversed a judgment on the pleadings dismissing a negligence action against the City of Winter Park arising from an auto-train collision. The court held that the city's voluntary assumption of duty to install and maintain warning signals at a r
• Atl. Coast Line R.R. Co. v. Bracewell
  110 So. 2d 482· Fla. 1st DCA· 1959-03-10 ·cited 11×
  The court held that the railroad company could be held liable for the negligence of its fireman, even if the engineer was found not guilty, because the jury was permitted to consider the fireman's negligence as an issue tried.
• Dudley K. Terry v. Memphis Stone & Gravel Co.
  222 F.2d 652· 6th Cir.· 1955-05-24 ·cited 11×
  A covenant not to sue the alleged agent or employee releases the principal or employer from liability under respondeat superior.
• W. Union Tel. Co. v. Thomas
  139 Fla. 474· Fla.· 1939-07-25 ·cited 11×
  Western Union Telegraph Company appeals a $1,500 judgment for personal injuries to a ten-year-old girl struck by a Western Union employee on a bicycle. The central issue was whether the employee was acting within the scope of his employment at the time of the accident, turning on
• Seaboard Air Line Ry. Co. v. Ebert
  102 Fla. 641· Fla.· 1931-07-30 ·cited 11×
  In this wrongful death case, the plaintiff recovered $15,000 against two railroads and a signal operator for injuries resulting from a collision at a railroad crossing in Orlando, Florida. The Florida Supreme Court reversed and ordered a new trial, finding instructional error reg
• Univ. OF Miami v. Ruiz
  164 So. 3d 758· Fla. 3d DCA· 2015-05-27 ·cited 10×
  The University of Miami School of Medicine sought certiorari review of a trial court's denial of its motion for summary judgment in a birth injury medical malpractice case. The court held that while UM is entitled to immunity under Florida's Birth-Related Neurological Injury Act
• DOE v. Sinrod
  90 So. 3d 852· Fla. 4th DCA· 2012-05-30 ·cited 10×
  Jane Doe appealed the dismissal of her negligence claims against the Palm Beach County School Board arising from sexual abuse by a teacher in 2003. The court affirmed dismissal because Doe failed to comply with the four-year statute of limitations under Florida's sovereign immuni
• Maschmeier v. Scott
  508 F. Supp. 2d 1180· M.D. Fla.· 2007-06-28 ·cited 10×
  The court held that the Sheriff was not the final policymaker for § 1983 purposes and that the plaintiff's actions constituted political affiliation, not protected speech, thus precluding his claim for political retaliation.
• Alejandre v. Telefonica Larga Distancia de Puerto RICO, Inc.
  183 F.3d 1277· 11th Cir.· 1999-08-11 ·cited 10×
  The Eleventh Circuit reversed a district court judgment that held ETECSA, a Cuban telecommunications company, responsible for debts owed by the Cuban Government to plaintiffs who obtained a judgment against Cuba for shooting down civilian aircraft. The court held that ETECSA, tho
• Resley v. Ritz-Carlton Hotel Co.
  989 F. Supp. 1442· M.D. Fla.· 1997-12-09 ·cited 10×
  The court held that genuine issues of material fact precluded summary judgment on claims of hostile work environment sexual harassment, retaliation, and false imprisonment, but granted summary judgment on claims of assault, battery, invasion of privacy, and negligent retention.
• H.B.A. Mgmt., Inc. v. The Est. OF May Schwartz
  693 So. 2d 541· Fla.· 1997-05-01 ·cited 10×
  The Florida Supreme Court held that Rule of Professional Conduct 4-4.2 does not prohibit a claimant's attorney from engaging in ex parte communications with former employees of a defendant-employer, resolving a conflict between district court decisions and aligning Florida law wi
• Crenshaw v. City of Defuniak Springs
  891 F. Supp. 1548· N.D. Fla.· 1995-05-12 ·cited 10×
  The court held that the defendant is entitled to summary judgment because the plaintiff failed to demonstrate discriminatory intent or a violation of clearly established constitutional law, and the defendant is entitled to qualified immunity.
• Miller v. Maxwell's Int'l Inc.
  991 F.2d 583· 9th Cir.· 1993-04-19 ·cited 10×
  The court held that individual employees can be held liable under the ADEA if they participated in discriminatory termination decisions.
• Liberty Mut. Ins. v. Elec. Sys., Inc.
  813 F. Supp. 802· S.D. Fla.· 1993-02-19 ·cited 10×
  The employer is not vicariously liable for the employee's negligence because the employee was acting outside the scope of his employment when the accident occurred.
• Pipkin v. United States Postal Serv.
  951 F.2d 272· 10th Cir.· 1991-12-12 ·cited 10×
  The court held that procedural defects barred the FTCA claims and that grievance procedures precluded the Bivens claims.
• Haugh v. Jones & Laughlin Steel Corp.
  949 F.2d 914· 7th Cir.· 1991-11-22 ·cited 10×
  The court held that the trial judge erred in granting a directed verdict for the defendant, and that a new trial was warranted due to the marshal's improper communication to the jury.
• Black v. Rouse
  587 So. 2d 1359· Fla. 4th DCA· 1991-09-25 ·cited 10×
  Norman Black, an inmate, appealed the dismissal of his Section 1983 civil rights action against Florida Department of Corrections officials, claiming violations of his Eighth, First, and Fourteenth Amendment rights. The court affirmed the dismissal of certain claims, reversed the
• Int'l Union OF Operating Eng'rs v. Kinder
  573 So. 2d 385· Fla. 4th DCA· 1991-01-16 ·cited 10×
  The International Union of Operating Engineers appeals a jury verdict awarding damages to Kinder for injuries from a beating, challenging the trial court's refusal to allow post-trial juror interviews. The court reverses and remands, holding that the cumulative effect of alleged
• Konradi v. United States & Robert E. Farringer
  919 F.2d 1207· 7th Cir.· 1990-11-29 ·cited 10×
• ST. George v. City OF Deerfield Beach
  568 So. 2d 931· Fla. 4th DCA· 1990-08-08 ·cited 10×
  Governmental immunity protects police decisions not to take action, but not the provision of paramedic services or the handling of 911 calls once a special relationship is established.
• Baker v. The Weyerhaeuser Co.
  903 F.2d 1342· 10th Cir.· 1990-05-30 ·cited 10×
  The court affirmed the judgment, holding that the employer was liable under Title VII for a hostile work environment due to pervasive sexual harassment and that the jury's verdict on the pendent claim for intentional infliction of emotional distress was supported by the evidence.