Respondeat Superior

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

• Corrigan v. United States
  815 F.2d 954· 4th Cir.· 1987-04-02 ·cited 8×
  The court held that Virginia law does not recognize dram shop liability or negligence per se for violations of alcohol sale regulations, and therefore the United States cannot be held liable under the FTCA for the actions of its employees serving alcohol to an underage and intoxi
• Guzman v. City OF Cranston
  812 F.2d 24· 1st Cir.· 1987-02-25 ·cited 8×
  A supervisory official cannot be held liable under 42 U.S.C. § 1983 solely based on the actions of their subordinates; personal involvement or gross negligence must be alleged.
• Williams v. Butler
  802 F.2d 296· 8th Cir.· 1986-09-26 ·cited 8×
  The City of Little Rock cannot be held liable for a judge's decision to fire an employee if the judge lacked final authority to establish municipal employment policy.
• Young v. Langley
  793 F.2d 792· 6th Cir.· 1986-06-24 ·cited 8×
  The court held that the defendants waived their appellate arguments by failing to properly preserve them through timely motions in the trial court.
• Charles D.O. Kline v. N. Tex. State Univ.
  782 F.2d 1229· 5th Cir.· 1986-02-14 ·cited 8×
  The court held that a substantial part of the plaintiff's case was barred by the statute of limitations and that there was insufficient evidence to prove a deprivation of constitutional rights caused by the defendants.
• Krulik v. Bd. OF Educ. OF the City OF NEW York
  781 F.2d 15· 2d Cir.· 1986-01-06 ·cited 8×
  The court held that the plaintiff failed to present sufficient evidence of intentional discrimination based on race or religion to support the jury's verdict, and therefore affirmed the judgment notwithstanding the verdict.
• Nannette B. Davis v. United States Steel Corp. & its Div.
  779 F.2d 209· 4th Cir.· 1985-12-12 ·cited 8×
  The court should permit a jury to determine if United States Steel is vicariously liable for a supervisor's sexual harassment that occurred before his superior was aware of the misconduct.
• Simons v. Montgomery Cnty. Police Officers-Sara A. Hume
  762 F.2d 30· 4th Cir.· 1985-05-10 ·cited 8×
  The court held that the plaintiff's claims, based on a search and arrest, constituted state torts, not violations of constitutional magnitude actionable under 42 U.S.C. § 1983.
• O'Reilly v. Malon
  747 F.2d 820· 1st Cir.· 1984-11-09 ·cited 8×
  The court held that a prior judgment, even if technically non-final due to lack of Rule 54(b) certification, can have collateral estoppel effect if the parties had a full and fair opportunity to litigate the issue.
• Biscoe v. Arlington Cnty.
  738 F.2d 1352· D.C. Cir.· 1984-07-06 ·cited 8×
  The court held that the Full Faith and Credit Clause and principles of comity do not require Virginia's sovereign immunity rules for its counties to apply in the District of Columbia when those rules conflict with the District's own policies. The court affirmed the jury's verdict
• Ike Shaw, Jr. v. Neece
  727 F.2d 947· 10th Cir.· 1984-02-10 ·cited 8×
  The court held that the plaintiff's claims were frivolous and without merit, affirming the dismissal and attorney fee award, and also awarded attorney fees for the appeal.
• Grinnell Mut. Reinsurance Co. v. Empire Fire & Marine Ins. Co.
  722 F.2d 1400· 8th Cir.· 1983-12-08 ·cited 8×
  The court held that Grinnell's garage liability policy provided primary coverage for the accident, and Excalibur's policy provided excess coverage, denying indemnity claims between the parties.
• Pearl v. Dobbs
  649 F.2d 608· 8th Cir.· 1981-05-26 ·cited 8×
  The court affirmed the dismissal of the inmate's § 1983 lawsuit, holding that respondeat superior does not apply to such claims and the inmate failed to allege direct liability against the supervisory defendants.
• Saudi Arabian Airlines Corp. v. Dunn
  395 So. 2d 1295· Fla. 1st DCA· 1981-04-02 ·cited 8×
  Saudi Arabian Airlines Corporation appealed a trial court's order establishing personal jurisdiction under Florida's long arm statute based on allegations that its employee negligently operated a vehicle in Jacksonville. The court affirmed, holding that the complaint's allegation
• Bettis v. United States
  635 F.2d 1144· 5th Cir.· 1981-01-27 ·cited 8×
  The court held that while the government could not be held liable under respondeat superior because the driver was outside the scope of employment, there was a material factual issue regarding negligent entrustment, precluding summary judgment.
• Uyless McDANIELS v. Great Atl. & Pac. TEA Co.
  602 F.2d 78· 5th Cir.· 1979-09-10 ·cited 8×
  The court held that the unloading company was a 'borrower' under the policy and that the insurer was liable for the settlement amount. It also held that both insurers should contribute equally to the settlement.
• Bickley v. Castillo
  346 So. 2d 625· Fla. 3d DCA· 1977-05-31 ·cited 8×
  This interlocutory appeal addresses whether a vehicle owner can be held liable under the dangerous instrumentality doctrine for injuries caused by a mechanic's negligent road testing of the vehicle while it was in the repair shop's custody. The court held that the doctrine does n
• Arroyo v. Schaefer
  548 F.2d 47· 2d Cir.· 1977-01-11 ·cited 8×
  The court held that the plaintiffs failed to establish a constitutional violation, as the use of tear gas in an emergency situation did not rise to the level of deliberate indifference or conduct that shocks the conscience.
• The City OF Jacksonville v. Fla. First Nat'l Bank OF Jacksonville
  339 So. 2d 632· Fla.· 1976-11-12 ·cited 8×
• Shannon v. Lester
  519 F.2d 76· 6th Cir.· 1975-07-08 ·cited 8×
  The court held that the jury instructions on compensatory damages were erroneous, leading to a potentially excessive verdict, and that punitive damages should not have been submitted to the jury.
• I. Stanton Hudmon, M.D. v. Martin
  315 So. 2d 516· Fla. 1st DCA· 1975-06-30 ·cited 8×
  Dr. Hudmon appealed a partial summary judgment finding that a hospital scrub nurse was his borrowed servant for whom he was liable. The court affirmed that as a matter of law, a nurse assigned to assist a surgeon whose duties require professional knowledge and skill is under the
• Latham v. Crofters, Inc.
  492 F.2d 913· 4th Cir.· 1974-02-28 ·cited 8×
  The court held that the district court abused its discretion by denying a continuance due to a party's severe illness, necessitating a new trial.
• United States v. SS President van Buren
  490 F.2d 504· 9th Cir.· 1973-12-13 ·cited 8×
  The court held that the Port of Long Beach's pilotage services were noncompulsory and that its tariff's exculpatory provisions were valid and enforceable.
• Hayles v. Randall Motor Co., Inc.
  455 F.2d 169· 10th Cir.· 1971-12-21 ·cited 8×
  A party is not bound by a prior adjudication if they did not have their day in court or an opportunity to litigate the issue.
• Scoggin v. United States
  444 F.2d 74· 10th Cir.· 1971-06-22 ·cited 8×
  A covenant not to sue an employee, under Oklahoma law, also releases the employer when the employer's liability is solely based on respondeat superior.
• Stembler v. Smith
  242 So. 2d 472· Fla. 1st DCA· 1970-12-08 ·cited 8×
  Appellants, a vehicle owner and driver and their insurer, appealed dismissals of third-party complaints seeking indemnity from other negligent parties involved in an accident. The court affirmed the dismissals, reaffirming Florida's long-established rule prohibiting contribution
• McMILLION v. Sinclair Ref. Co.
  236 So. 2d 151· Fla. 1st DCA· 1970-06-04 ·cited 8×
  McMillion appealed a directed verdict in favor of Sinclair Refining Company after a collision involving an oil delivery truck operated by Eli P. Roberts, a Sinclair marketer. The court affirmed, holding that the evidence was insufficient to establish Sinclair's control over Rober
• Norton v. Ry. Express Agency, Inc.
  412 F.2d 112· 3d Cir.· 1969-07-09 ·cited 8×
  The court held that the trial court erred in rejecting expert testimony on customary delivery methods and in directing a verdict, as the method of delivery itself could constitute negligence and the scope of employment was a jury question.
• Peterson v. U-Haul Co.
  409 F.2d 1174· 8th Cir.· 1969-04-25 ·cited 8×
  The court held that U-Haul Co. was not subject to jurisdiction in Nebraska under either the Non-Resident Motor Vehicle Statute or the Business Corporation Act because its activities did not constitute 'operation' or 'use' of a vehicle in the state, nor did it meet the 'doing busi
• Arico v. CIE. DE Navegacion Transoceanique & Black Diamond S.S. Co.
  409 F.2d 1002· 2d Cir.· 1969-04-10 ·cited 8×
  The court held that the trial court did not abuse its discretion in awarding attorney's fees and disbursements, nor in refusing certain expenses, and affirmed the dismissal of the stevedore's counterclaim.
• United States v. Farmer
  400 F.2d 107· 8th Cir.· 1968-08-14 ·cited 8×
  The court held that under Iowa's respondeat superior law, a soldier returning home after active duty training, while transporting issued gear and under orders, was acting within the scope of his employment when a collision occurred.
• Snead v. LE Jeune Rd. Hosp., Inc.
  196 So. 2d 179· Fla. 3d DCA· 1967-03-07 ·cited 8×
  In this medical malpractice case, the Florida appellate court affirmed summary judgment in favor of a hospital, rejecting the plaintiff's claims based on respondeat superior and negligent credentialing. The court held that the hospital had no liability under these theories where
• Chumbler v. Ala. Power Co.
  362 F.2d 161· 5th Cir.· 1966-06-17 ·cited 8×
  The court held that the trial court erred in refusing to allow the plaintiff to call the power company's employee as an adverse witness under Rule 43(b) because he was an alleged tort-feasor and thus an adverse party. The court also held that the jury charge on contributory negli
• Sideris v. Warrington Motor Co., Inc.
  181 So. 2d 650· Fla. 1st DCA· 1966-01-06 ·cited 8×
  In a negligence action arising from a motor vehicle accident, the plaintiff appealed the trial court's entry of partial summary judgment precluding punitive damages against the employer defendant and the subsequent dismissal of the action against that defendant. The appellate cou
• Globe Indem. Co. v. Cap. Ins. & Sur. Co., Inc.
  352 F.2d 236· 9th Cir.· 1965-10-26 ·cited 8×
  The court held that the district court abused its discretion by denying Globe's motion to amend the pretrial order, requiring a new opportunity to present evidence.
• Truck Ins. Exch. v. Am. Sur. Co. OF NEW York
  338 F.2d 811· 9th Cir.· 1964-11-13 ·cited 8×
  The court held that the apportionment of the wrongful death judgment between insurers should be equal, with each insurer bearing half the loss, and that interest on the judgment was properly awarded from the date the judgment was satisfied.
• Liberty Mut. Ins. Co. v. Imperial Cas. & Indem. Co.
  168 So. 2d 688· Fla. 3d DCA· 1964-11-10 ·cited 8×
  An automobile liability policy's employee exclusion clause applies to additional insureds, and the severability of interests clause does not override this exclusion.
• Philomena Grace Williams v. Emp'rs Liab. Assurance Corp.
  296 F.2d 569· 5th Cir.· 1961-11-17 ·cited 8×
  Louisiana Civil Code Article 177, imposing absolute liability for things thrown out of a house, does not apply to injuries sustained by an invitee within an office building.
• Carver v. Liberty Mut. Ins. Co.
  277 F.2d 105· 5th Cir.· 1960-04-13 ·cited 8×
  The court held that the insurer was not equitably estopped from denying agency, and there was no genuine issue of material fact regarding agency, thus affirming summary judgment.
• Quiller D. Ragans v. City OF Jacksonville
  106 So. 2d 860· Fla. 1st DCA· 1958-11-25 ·cited 8×
  Ragans appealed the dismissal of his complaint alleging assault and battery by a Jacksonville police officer. The court held that while a charter provision limiting municipal tort liability to gross negligence cases is invalid under the Florida Constitution, the requirement to pr
• City OF Boston v. Boston Edison Co.
  260 F.2d 872· 1st Cir.· 1958-11-14 ·cited 8×
  The court held that the City's appeal from the judgment on the cross-claims was untimely, and that the trial court correctly dismissed the City's indemnity cross-complaint against Boston Edison.
• Doane Agric. Serv., Inc. v. Coleman
  254 F.2d 40· 6th Cir.· 1958-04-04 ·cited 8×
  The court held that the jury was warranted in finding that Doane was under the control of Hughes and thus liable for the negligence of its employees, Guarr and Mitchell, under the doctrine of respondeat superior.
• Schumacher v. Harry Rosenthal d.b.a. The Stevens Hat Co.
  226 F.2d 946· 7th Cir.· 1955-10-21 ·cited 8×
  The court held that the trial judge correctly reduced the jury's verdict by the amount plaintiff received from a covenant not to sue with a joint tortfeasor, and that the jury instructions regarding agency were sufficient.
• Boston Metals Co. v. The Winding Gulf
  209 F.2d 410· 4th Cir.· 1954-01-04 ·cited 8×
  The court held that a tow owner can be held liable to third parties for damages caused by the negligent operation of the tug, based on a towing contract where the owner agreed to assume the risks and burdens of the undertaking.
• Sykes v. Babijuice Corp.
  63 So. 2d 65· Fla.· 1953-02-06 ·cited 8×
  In this wrongful death case, the Florida Supreme Court affirmed judgment for a citrus packing plant company when an employee (Holt), acting without authorization, took a company truck on a personal errand and collided with Sykes' vehicle, killing Sykes. The court held the employe
• Shannon v. Union Barge Line Corp.
  194 F.2d 584· 3d Cir.· 1952-03-04 ·cited 8×
  The court held that the vessel owner was not liable for the employee's injuries due to unseaworthiness or negligence, as the alleged hazard was not proven to be caused by the crew or present for a sufficient time to establish notice.
• HAW v. Liberty MUT. INS. Co.
  180 F.2d 18· D.C. Cir.· 1950-01-16 ·cited 8×
  The court held that the jury's verdict was supported by evidence and that the trial court's charge was adequate under Virginia law, affirming the judgment for the plaintiff.
• Metzger v. Hossack
  165 F.2d 1· 8th Cir.· 1948-01-08 ·cited 8×
  The court held that the prior appellate decision established the law of the case, and the evidence presented in the third trial did not substantially differ from the first appeal, thus the jury's determination of negligence and proximate cause was conclusive.
• COE v. Riley
  160 F.2d 538· 5th Cir.· 1947-03-25 ·cited 8×
  The court held that whether the driver was acting within the scope of his employment when he used the truck to pick up crew members presented a question of fact, not law, precluding summary judgment.
• Huntington Cab Co. v. Am. Fid. & Cas. Co., Inc.
  155 F.2d 117· 4th Cir.· 1946-05-08 ·cited 8×
  An automobile liability insurance policy covers the insured Cab Company for a judgment rendered against it for an unprovoked assault and battery committed by a driver upon a passenger, as the injury is considered 'accidentally received' and arises from the 'use of the automobile'