Respondeat Superior

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

• United States v. Mass. Bonding & Ins. Co.
  227 F.2d 385· 1st Cir.· 1955-10-31 ·cited 10×
  The court held that the Federal Tort Claims Act (FTCA) does not compel the United States to exceed the maximum recovery limits set by a state's wrongful death statute, even if the state statute's damages are assessed on a punitive basis.
• Brink's, Inc. v. Hoyt
  179 F.2d 355· 8th Cir.· 1950-01-17 ·cited 10×
  The court held that the plaintiff's request for a service letter was sufficient under the statute, and that the trial court did not err in finding actual and punitive damages, nor in denying the motion to remand.
• Dixie Ohio Express Co. v. Poston
  170 F.2d 446· 5th Cir.· 1948-11-03 ·cited 10×
  A jury verdict finding solely against a master and not against its servant in a joint action based on respondeat superior is unauthorized and requires reversal, unless the master is found to have committed independent negligence.
• Stockton Sand & Crushed Rock Co., Inc. v. Bundensen
  148 F.2d 159· 9th Cir.· 1945-03-19 ·cited 10×
  The court held that the appellees were not liable for damages caused by a fire on the appellant's derrick barge, as the barge was not demised to the appellees and the fireman was acting as the appellant's employee.
• R. J. Reynolds Tobacco Co. v. Newby
  145 F.2d 768· 9th Cir.· 1944-11-06 ·cited 10×
  The court held that the jury should have been instructed that the presumption of agency arising from certain facts is rebuttable. The appellant was not entitled to an instructed verdict.
• Purcell v. City of Fort Lauderdale
  753 F. Supp. 3d 1308· S.D. Fla.· 2025-07-02 ·cited 9×
  The court held that the City of Fort Lauderdale is immune from state-law claims for negligent training due to sovereign immunity and that negligent supervision claims require the employee's actions to be outside the scope of employment, which was not the case here.
• Royal Palm Hotel Prop., LLC v. Deutsche Lufthansa Aktiengesellschaft, Inc.
  133 So. 3d 1108· Fla. 3d DCA· 2014-02-05 ·cited 9×
  Royal Palm Hotel Property appeals a summary judgment awarding Deutsche Lufthansa attorney's fees and costs under an indemnification clause in their accommodations agreement. The court reversed, holding that the indemnification clause only covered the Hotel's own negligent acts, n
• Staria T. Newbold-Ferguson v. Amisub (North Ridge Hospital), Inc.
  85 So. 3d 502· Fla. 4th DCA· 2012-02-22 ·cited 9×
  The court held that the plaintiff should have been allowed to amend her complaint to assert a non-delegable duty claim against the hospital for the emergency room doctor's alleged negligence.
• Pete's Towing Co. v. City of Tampa
  648 F. Supp. 2d 1276· M.D. Fla.· 2009-08-13 ·cited 9×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants and denying the plaintiff's objections.
• Hilda and John Gillet v. Watchtower Bible & Tract Soc'y OF Pa., Inc.
  913 So. 2d 618· Fla. 3d DCA· 2005-05-11 ·cited 9×
  No agency relationship existed between Maria Nunes and the Watchtower defendants at the time of the accident. Although the Watchtower entities closely regulated field service activities such as literature distribution and required congregants' participation, they exercised no con
• Geidel v. City of Bradenton Beach
  56 F. Supp. 2d 1359· M.D. Fla.· 1999-06-09 ·cited 9×
  The court granted in part and denied in part the defendants' motions to dismiss, finding that while some claims against individual officers were sufficiently pleaded, others against the City and official capacities were not.
• Hazel v. Sch. Bd. of Dade Cnty.
  7 F. Supp. 2d 1349· S.D. Fla.· 1998-05-08 ·cited 9×
  The court granted in part and denied in part the motion to dismiss, finding that the plaintiff stated claims for subject matter jurisdiction, quid pro quo sexual harassment under Title VII, and under the Florida Civil Rights Act, while dismissing other claims with or without prej
• Crowell v. Clay Hyder Trucking Lines, Inc.
  700 So. 2d 120· Fla. 2d DCA· 1997-10-08 ·cited 9×
  Florida residents were injured in a hit-and-run accident in Georgia involving a truck bearing Clay Hyder's name. The trial court applied Georgia law and granted summary judgment to Clay Hyder, but this court reverses, holding that Florida law should apply to the ownership presump
• Kelley v. Rice
  670 So. 2d 1094· Fla. 2d DCA· 1996-03-22 ·cited 9×
  A former inmate challenged the dismissal of her negligence claims against a sheriff for alleged failure to provide medical care while she was detained. The court affirmed dismissal of the medical negligence claim, which was time-barred under the two-year medical malpractice statu
• DOE v. ROE
  958 F.2d 763· 7th Cir.· 1992-03-09 ·cited 9×
  A civil RICO claim requires an injury to 'business or property,' and sexual services or personal expenses stemming from emotional distress do not qualify as such injuries.
• Geter v. Wille
  846 F.2d 1352· 11th Cir.· 1988-06-14 ·cited 9×
  Supervisory officials cannot be held liable under 42 U.S.C. § 1983 for the acts of their subordinates solely on the basis of respondeat superior or the mere right to control without evidence of personal participation or a policy/custom causing the injury.
• DOE v. United States
  838 F.2d 220· 7th Cir.· 1988-01-21 ·cited 9×
  The court held that the Federal Tort Claims Act's exception for claims arising out of assault or battery bars negligence claims based on a failure to prevent such acts, even if a special relationship existed.
• Lloyd v. Hines
  474 So. 2d 376· Fla. 1st DCA· 1985-08-13 ·cited 9×
  Winston Lloyd appealed the dismissal of his civil rights complaint arising from his 1980 arrest on 30 felony charges. The court affirmed dismissal against the prosecutor and FDLE analyst but reversed dismissal against the deputy sheriffs and sheriff, finding viable § 1983 claims
• Gilmere v. City OF Atlanta
  737 F.2d 894· 11th Cir.· 1984-07-09 ·cited 9×
  The court held that the City of Atlanta could not be held liable under 42 U.S.C. § 1983 for the actions of its police officers absent an official policy or custom, and that the officers' conduct, being random and unauthorized, was remedied by Georgia's post-deprivation tort law,
• Price v. Westmoreland
  727 F.2d 494· 5th Cir.· 1984-03-19 ·cited 9×
  Under federal regulations governing interstate motor carriers, the carrier is vicariously liable as a matter of law for the negligence of a driver operating a leased vehicle, regardless of state agency law or whether the driver exceeded actual authority.
• Alsay-Pippin Corp. v. Lumert
  400 So. 2d 834· Fla. 4th DCA· 1981-07-08 ·cited 9×
  Alsay-Pippin Corporation appeals a jury verdict awarding Martha Lumert $315,000 for injuries from a car accident caused by the corporation's employee. The central issue is whether the employee was acting within the scope of his employment when the accident occurred, which determi
• Trotman v. The Palisades Interstate Park Comm'n
  557 F.2d 35· 2d Cir.· 1977-05-27 ·cited 9×
  A bi-state commission created by compact is entitled to Eleventh Amendment immunity from suit in federal court, and the compact's sue-and-be-sued clause does not waive this immunity.
• Wayne v. Unigard Mut. Ins. Co.
  316 So. 2d 581· Fla. 3d DCA· 1975-07-22 ·cited 9×
  Carmen Wayne appealed the grant of summary judgment in her negligence action against a condominium association and its insurer following an attack by a recently terminated employee. The court affirmed summary judgment, holding that the association could not be liable under respon
• James v. United States
  467 F.2d 832· 4th Cir.· 1972-06-28 ·cited 9×
  The court denied the motion for rehearing, with one judge dissenting.
• Elmore Ivey v. Nat'l Fisheries, Inc.
  215 So. 2d 74· Fla. 3d DCA· 1968-11-05 ·cited 9×
  An employee of National Fisheries was instructed to use the company truck to make a delivery and return it the next morning. The employee stopped at a bar en route to work, became intoxicated, and allowed an unidentified third party to drive the truck, resulting in a collision wi
• Mazer v. Hattie Lipshutz
  360 F.2d 275· 3d Cir.· 1966-04-01 ·cited 9×
  The court held that a release of one joint tortfeasor does not discharge others unless specified, and a reduction of a verdict by the amount paid by a released tortfeasor requires a judicial determination of that tortfeasor's liability.
• Canadian Indem. Co. v. United States Fid. & Guar. Co.
  213 F.2d 658· 9th Cir.· 1954-06-15 ·cited 9×
  An insurer subrogated to an employer's rights can recover from the negligent employee's insurer, even if the employer's insurer has an 'other insurance' clause.
• Thomas v. W. Union Tel. Co.
  129 Fla. 155· Fla.· 1937-05-20 ·cited 9×
  The Florida Supreme Court affirmed a trial court's grant of a new trial in a negligence action involving injury by a telegraph company's messenger boy. The central issue was whether the trial court erred in instructing the jury that the defendant bore the burden of proving the me
• Whittington v. Town of Surfside
  490 F. Supp. 2d 1239· S.D. Fla.· 2007-06-06 ·cited 8×
  The court held that the officers were entitled to qualified immunity for false arrest claims due to arguable probable cause, and that the use of force was de minimis, thus not violating constitutional rights.
• Brown v. Sanford A. Kaufman, M.D.
  792 So. 2d 502· Fla. 4th DCA· 2001-05-16 ·cited 8×
  Personal representatives of a patient who committed suicide at a psychiatric hospital sued his treating psychiatrist, Dr. Kaufman, for negligence both in his individual capacity and as Unit Chief of the hospital unit. The court reversed a directed verdict on the Unit Chief claim,
• Edwards v. Acadia Realty Tr., Inc.
  141 F. Supp. 2d 1340· M.D. Fla.· 2001-03-09 ·cited 8×
  The court held that plaintiffs failed to present sufficient evidence of racial animus or a policy/custom of discrimination to survive summary judgment on their claims under 42 U.S.C. § 1981 and § 1983.
• Searer v. Wells
  837 F. Supp. 1198· M.D. Fla.· 1993-11-18 ·cited 8×
  The court denied motions to dismiss, finding that the plaintiff's allegations, particularly in the amended complaint, sufficiently stated claims for federal civil rights violations and state law assault and battery, and that claims could be pleaded in the alternative.
• Schebel v. Charlotte Cnty.
  833 F. Supp. 889· M.D. Fla.· 1993-10-05 ·cited 8×
  The court granted the defendant's motion to strike the plaintiff's second amended complaint and ordered the plaintiff to file a new pleading due to lack of cohesiveness and clarity, and failure to obtain leave of court.
• Pub. Health Tr. OF Dade Cnty. v. Geter
  613 So. 2d 126· Fla. 3d DCA· 1993-02-02 ·cited 8×
  In a medical malpractice action arising from treatment provided to a deceased patient, the court affirmed a directed verdict dismissing the University of Miami for lack of vicarious liability while reversing a jury verdict against Public Health Trust of Dade County and remanding
• Hamilton v. Endell
  981 F.2d 1062· 9th Cir.· 1992-12-15 ·cited 8×
  The court held that prison officials who force an inmate to fly against his treating physician's explicit orders, relying on a questionable second opinion, may be deliberately indifferent to the inmate's serious medical needs, thus forfeiting qualified immunity.
• Malvin W. Brubaker v. City OF Richmond
  943 F.2d 1363· 4th Cir.· 1991-08-08 ·cited 8×
  The court affirmed the district court's imposition of Rule 11 sanctions, finding that the plaintiffs' claims were not well-grounded in fact or warranted by existing law after reasonable inquiry.
• Lopez v. Bishop L. Robinson
  914 F.2d 486· 4th Cir.· 1990-09-17 ·cited 8×
  Prison officials are entitled to qualified immunity from damages claims for alleged constitutional violations because the inmates failed to allege violations of clearly established law or failed to present genuine issues of material fact regarding the alleged violations.
• Belber v. Charles S. Lipson, M.D.
  905 F.2d 549· 1st Cir.· 1990-06-14 ·cited 8×
  The court held that the district court did not abuse its discretion in refusing to admit certain medical records due to lack of authentication and hearsay issues, and that other claims were waived by failure to object or make proper motions.
• Dobosz v. Walsh
  892 F.2d 1135· 2d Cir.· 1989-12-28 ·cited 8×
  The court held that the defendant superintendent has qualified immunity from the due process claims but not from the First Amendment retaliation claim, and that absolute immunity does not apply to the suspension decision.
• Jackson v. City OF Albuquerque
  890 F.2d 225· 10th Cir.· 1989-11-21 ·cited 8×
  The court held that the trial court abused its discretion in denying reinstatement, as the record did not support the finding of insurmountable hostility, particularly since most accusers were no longer employed by the city.
• Piper v. United States
  887 F.2d 861· 8th Cir.· 1989-10-10 ·cited 8×
  The United States is not liable under the Federal Tort Claims Act for a servicemember's failure to control a pet at their residence, as this conduct does not fall within the scope of employment.
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  723 F. Supp. 1467· S.D. Fla.· 1989-10-05 ·cited 8×
  The court held that the City of Hialeah's ordinances prohibiting ritual animal sacrifice did not violate the Free Exercise Clause of the First Amendment, as they served compelling secular purposes and were religiously neutral in application.
• Jones v. Lewis
  874 F.2d 1125· 6th Cir.· 1989-05-18 ·cited 8×
  The court held that the officers were justified in making a warrantless entry into the residence due to exigent circumstances, and the plaintiff failed to establish a reasonable expectation of privacy.
• Mascolo v. Costa Crociere
  726 F. Supp. 1285· S.D. Fla.· 1989-05-11 ·cited 8×
  A ship owner is not liable for the negligence of its ship doctor, as the owner lacks control over the medical treatment and the expertise to supervise it.
• Crooks v. Crispus C. NIX
  872 F.2d 800· 8th Cir.· 1989-04-10 ·cited 8×
  The court held that a prisoner's pro se complaint alleging deliberate indifference to serious medical needs, particularly regarding pain medication, must be read liberally and can overcome summary judgment if a factual dispute exists. Contracting medical care does not absolve the
• Washington v. United States
  868 F.2d 332· 9th Cir.· 1989-02-21 ·cited 8×
  The court held that the Navy sailors' actions in attempting to start a car using gasoline were within the scope of their employment under California law, making the United States liable for the resulting injuries.
• Winn Dixie Stores, Inc. v. Akin
  533 So. 2d 829· Fla. 4th DCA· 1988-10-19 ·cited 8×
  The Florida District Court of Appeal reversed a trial court's decision, holding that an employee killed on the employer's premises while preparing for work was within the scope of his employment, thus entitling the employer to a directed verdict.
• Jackson Marine Corp. v. Blue FOX
  845 F.2d 1307· 5th Cir.· 1988-05-31 ·cited 8×
  The captain's fraudulent conduct bars his salvage award, and this fraud is imputed to the vessel owner, but the innocent crew is still entitled to a salvage award.
• United States v. Hill
  676 F. Supp. 1158· N.D. Fla.· 1987-11-12 ·cited 8×
  The court determined that the 1986 amendments to the False Claims Act should be applied retroactively to the defendants' conduct, as neither statutory direction nor legislative history indicated otherwise, and retroactive application would not result in manifest injustice.
• Nannette B. Davis v. USX Corp.
  819 F.2d 1270· 4th Cir.· 1987-06-03 ·cited 8×
  The court held that the district court abused its discretion by denying the plaintiff's motion for voluntary dismissal without prejudice based on conditions that unfairly prejudiced the plaintiff's right to pursue state law claims in state court.