Respondeat Superior

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

• L. A. Wood & Co. v. Taylor
  154 F.2d 548· 5th Cir.· 1946-04-02 ·cited 8×
  The dissenting judge holds that the trial court committed reversible error by instructing the jury that the corporate defendant was liable for the driver's negligence based on a stipulated agency relationship that did not exist.
• Nat'l Battery Co. v. Levy
  126 F.2d 33· 8th Cir.· 1942-03-02 ·cited 8×
  Exhibits T and U were inadmissible because the statements within them were not precise, definite, or authenticated by the party, and were hypothetical rather than admissions.
• In re Mifflin Chem. Corp. Sheridan v. Rothensies
  123 F.2d 311· 3d Cir.· 1941-10-29 ·cited 8×
  The court held that the debtor corporation is liable for taxes on denatured alcohol diverted to beverage purposes, as the knowledge of its salesmen's illegal activities is imputed to the corporation under the doctrine of respondeat superior.
• Cont'l Ins. Co., Inc. v. Sabine Towing Co., Inc.
  117 F.2d 694· 5th Cir.· 1941-02-07 ·cited 8×
  The dissenting judge believes the words 'fault or privity' in a marine insurance policy have a specialized meaning within the insurance industry, requiring more than simple negligence to relieve the underwriter of liability.
• Balinovic v. Evening Star Newspaper Co.
  113 F.2d 505· D.C. Cir.· 1940-05-06 ·cited 8×
  The dissenting justice argues that a corporation, like an individual, has a duty to respond to an officer's summons for assistance in suppressing crime. This duty extends to providing its vehicle and driver, and the driver's actions during the ensuing chase are considered within
• J. C. Penney Co., Inc. v. Blanche McLaughlin
  137 Fla. 594· Fla.· 1939-05-09 ·cited 8×
  This case concerns a corporation's liability for injuries sustained by a customer who was hit by a door opened by an employee. The court affirmed the judgment against the defendant corporation, holding it responsible under the doctrine of respondeat superior.
• Saussy v. S. Fla. R. R. Co.
  22 Fla. 327· Fla.· 1886-01-01 ·cited 8×
  The Florida Supreme Court reversed a judgment for the railroad company, finding that the trial court improperly admitted evidence of a key employee's character for truthfulness. The court also questioned the applicability of a statute regarding fire-setting and suggested the case
• Davis v. BAY Cnty. Jail
  155 So. 3d 1173· Fla. 1st DCA· 2014-10-13 ·cited 7×
  A prisoner sued jail officials for inadequate medical care in violation of the Eighth Amendment under 42 U.S.C. § 1983. The trial court dismissed the complaint, but the appellate court reversed in part, holding that the prisoner sufficiently alleged facts of deliberate indifferen
• Horning-Keating v. Emp'rs Ins. OF Wausau
  969 So. 2d 412· Fla. 5th DCA· 2007-10-26 ·cited 7×
  Keating appeals a summary judgment dismissing her claims for invasion of privacy and violation of Florida's Security of Communications Act against Spangler, Wausau, and Rissman arising from Rothstein's secret tape recording of a meeting in Keating's office. The appellate court re
• Saullo v. Douglas
  957 So. 2d 80· Fla. 5th DCA· 2007-05-11 ·cited 7×
  The Florida District Court of Appeal reversed summary judgment granted in favor of Dart Transit Company in a wrongful death action, holding that genuine issues of material fact remain regarding Dart's vicarious liability under the dangerous instrumentality doctrine for a tractor
• Feraci v. Grundy Marine Constr. Co.
  315 F. Supp. 2d 1197· N.D. Fla.· 2004-03-11 ·cited 7×
  The court granted summary judgment for most defendants based on workers' compensation immunity, finding no evidence of intentional tort or substantial certainty of injury. One defendant's motion was granted due to plaintiffs' failure to demonstrate a cause of action.
• NME Props., Inc. v. Rudich
  840 So. 2d 309· Fla. 4th DCA· 2003-02-12 ·cited 7×
  NME Properties, Inc., the licensed operator of Menorah House nursing home, appealed a jury verdict imposing punitive damages for the death of resident Ida Revitz from complications of severe decubitus ulcers. The Fourth District Court of Appeal affirmed, holding that a nursing ho
• Molina v. Watkins
  824 So. 2d 959· Fla. 3d DCA· 2002-08-14 ·cited 7×
  FCA and Molina appeal default and jury verdicts entered against them. The court reverses both judgments, finding the default judgment against FCA improper due to lack of notice and vicarious liability principles, and finding Molina's judgment not final because it reserved ruling
• Dewaard v. THE United Methodist Church
  793 So. 2d 1038· Fla. 3d DCA· 2001-07-18 ·cited 7×
  The Dewaards sued their church and church officials after a pastor sexually exploited Mrs. Dewaard during marital counseling. The court reversed dismissal of negligence claims against the District Superintendents and Florida Conference for failure to supervise, but affirmed dismi
• Weld v. Se. Cos., Inc.
  10 F. Supp. 2d 1318· M.D. Fla.· 1998-07-08 ·cited 7×
  The court held that individual defendants are not personally liable for employment discrimination claims, and that several of the plaintiff's claims, including wrongful termination and breach of implied covenant, fail to state a claim upon which relief can be granted.
• FEE v. Herndon
  900 F.2d 804· 5th Cir.· 1990-05-09 ·cited 7×
  The court held that where a state provides adequate civil and criminal remedies for excessive corporal punishment, the use of such punishment, even if excessive, does not implicate federal substantive due process rights under the Fourteenth Amendment because it does not constitut
• Amisub OF Fla., Inc. v. Derrell O. Billington, D.O.
  560 So. 2d 1271· Fla. 3d DCA· 1990-04-17 ·cited 7×
  A hospital sued its employee-doctor for indemnity to recover defense costs incurred in a medical malpractice action where both the doctor and hospital were found not liable. The court held that common law indemnity does not apply when the alleged tortfeasor is exonerated, since i
• Boczar v. Manatee Hosps. & Health Sys., Inc.
  731 F. Supp. 1042· M.D. Fla.· 1990-02-21 ·cited 7×
  The court held that the plaintiffs failed to state claims under 42 U.S.C. § 1983, the Sherman Antitrust Act, RICO, and Title VII, and dismissed pendant state law claims for lack of jurisdiction.
• Caetano v. Bridges
  502 So. 2d 51· Fla. 1st DCA· 1987-02-04 ·cited 7×
  The court held that summary judgment was improperly granted because a genuine issue of material fact exists regarding whether the driver's actions were intentional or negligent.
• Hartzell v. United States
  786 F.2d 964· 9th Cir.· 1986-04-10 ·cited 7×
  The United States is not liable under the FTCA for the negligence of a military member when the member is on leave and traveling for personal reasons, even if the military retains some general control over the member's activities.
• Faron Russell Ford v. Coleman
  462 So. 2d 834· Fla. 5th DCA· 1984-12-20 ·cited 7×
  Ford, injured as a passenger in a vehicle owned by Russo Communications and driven by Coleman, settled with the owner and insurer and executed a release discharging the owner and its agents. The court held that Coleman, as a permissive user of the vehicle, was an agent of the own
• Cutcher v. C.A. Walker and Charles H. Powers
  455 So. 2d 1335· Fla. 1st DCA· 1984-09-19 ·cited 7×
  Lorraine Cutcher appeals summary judgment dismissing her negligence action against her deceased husband's employers following a truck collision and fire that killed her husband and severely burned her. The court affirms summary judgment on respondeat superior claims but reverses
• Leaf v. United States
  661 F.2d 740· 9th Cir.· 1981-11-16 ·cited 7×
  The court held that the government is not liable under the Tort Claims Act for damages arising from a commercial decision based on misrepresentation, even if the misrepresentation was made by a government agent.
• Marrero v. City OF Hialeah
  625 F.2d 499· 5th Cir.· 1980-08-04 ·cited 7×
  A prosecutor is not absolutely immune from liability for damages under 42 U.S.C. § 1983 when engaging in investigative or defamatory conduct outside of quasi-judicial roles. Municipalities can be sued under § 1983.
• Standley v. White
  326 So. 2d 68· Fla. 1st DCA· 1976-02-03 ·cited 7×
  This case involves a wrongful death action against an employer where appellants sought to prove the employee was acting within the scope of employment through statements made to police. The court upheld the trial court's exclusion of evidence under Florida's traffic accident inve
• Elyria-Lorain Broad. Co. v. Nat'l Commc'ns Indus., Inc.
  300 So. 2d 716· Fla. 1st DCA· 1974-09-05 ·cited 7×
  In this slander case, a jury found radio station WROD and its advertising salesman liable for slander when the salesman told a mutual customer that a competing station would be shut down by the FCC due to fraud allegations. The appellate court reversed and remanded, finding the $
• Collier v. Harvey
  179 F.2d 664· 10th Cir.· 1949-12-28 ·cited 7×
  The court held that the federal court had jurisdiction to adjudicate the controversy regarding insurance coverage, even though a state court action was pending.
• Newcomb v. Spring Creek Cooler Inc
  926 F.3d 709· 11th Cir.· 2019-06-05 ·cited 6×
  The court held that the equal-or-superior-knowledge rule does not apply to claims of respondeat superior or ordinary negligence, and that assumption of risk is not a defense when the injury arises from the negligent act of another.
• Roman v. Bogle
  113 So. 3d 1011· Fla. 5th DCA· 2013-05-03 ·cited 6×
  This case addresses whether the dangerous instrumentality doctrine—which imposes vicarious liability on vehicle owners for negligent drivers operating the vehicle with consent—automatically makes the driver an agent of the owner for purposes of interpreting release agreements. Th
• Officer David Delaurentos & Miami-Dade Cnty. v. Peguero
  47 So. 3d 879· Fla. 3d DCA· 2010-10-20 ·cited 6×
  Miami-Dade County and Officer Delaurentos sought to quash a discovery order requiring disclosure of the officer's pre-employment psychological evaluation in a wrongful death lawsuit arising from a fatal police shooting. The court held that because the County admitted the shooting
• Burks v. Beary
  713 F. Supp. 2d 1350· M.D. Fla.· 2010-04-29 ·cited 6×
  Summary judgment is denied on the § 1983 excessive force claims against the deputies due to disputed material facts, but granted for the Sheriff on the municipal liability claim. Summary judgment is denied on the wrongful death claims as the estate can recover damages.
• Jones v. Double D Props., Inc.
  901 So. 2d 929· Fla. 4th DCA· 2005-04-27 ·cited 6×
  The court affirmed in part and reversed in part a personal injury action, affirming the jury's verdict for the husband but reversing the zero verdict for the wife's loss of consortium claim, remanding for a new trial on damages for that claim.
• Brown v. Zaveri
  164 F. Supp. 2d 1354· S.D. Fla.· 2001-07-19 ·cited 6×
  The court held that a Title II claim requires exhaustion of state remedies, negligent retention requires employer knowledge of unfitness, and assault claims against employers fail if the employee's conduct is outside the scope of employment. Intentional infliction of emotional di
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• LaRoche v. Denny's, Inc.
  62 F. Supp. 2d 1366· S.D. Fla.· 1999-07-26 ·cited 6×
  The court held that while the December 19, 1997 incident did not present sufficient evidence of discrimination to proceed, the January 2, 1998 incident, involving a manager's discriminatory remarks and actions, could lead to vicarious liability for the employer under agency princ
• Zenaida Rodriguez-Cespedes and Manuel R. Cespedes v. Creative Leasing, Inc.
  728 So. 2d 811· Fla. 3d DCA· 1999-03-10 ·cited 6×
  A lessor cannot claim statutory exemption from liability under the dangerous instrumentality doctrine if the lease agreement does not strictly require the lessee to obtain the statutorily mandated insurance coverage.
• Harris v. Dist. BD. Trs. of Polk Cmty. Coll.
  9 F. Supp. 2d 1319· M.D. Fla.· 1998-06-18 ·cited 6×
  The court held that the plaintiffs sufficiently alleged a First Amendment retaliation claim against President Peck and that the statute of limitations for their Whistle-blower Act claims had not yet expired, as it accrues upon discovery of the wrongful act.
• Sparks v. Jay's A.C. & Refrigeration, Inc.
  971 F. Supp. 1433· M.D. Fla.· 1997-07-15 ·cited 6×
  The court held that the Florida Supreme Court's decision in Byrd v. Richardson-Greenshields Sec. does not modify the prima facie elements of respondeat superior for intentional torts arising out of sexual harassment, and Florida law concerning the 'scope of employment' still appl
• Nova Se. Univ., Inc. v. McCOLLOUGH
  693 So. 2d 1125· Fla. 4th DCA· 1997-05-21 ·cited 6×
  The appellate court reviewed an order allowing a plaintiff to seek punitive damages against a university. The court granted the university's petition, finding that the plaintiff had not alleged sufficient independent fault on the university's part to hold it vicariously liable fo
• Hatcher v. Dixon
  660 So. 2d 1105· Fla. 1st DCA· 1995-08-28 ·cited 6×
  The Hatchers appeal summary judgment in favor of their former attorney Dixon in a fraud case. The Hatchers alleged Dixon fraudulently induced them to settle with the driver by falsely representing they could still pursue the car owner Enterprise, then later argued the settlement
• Faragher v. City of Boca Raton
  864 F. Supp. 1552· S.D. Fla.· 1994-07-22 ·cited 6×
  The court held that the City of Boca Raton was liable under Title VII for creating a hostile work environment due to severe and pervasive sexual harassment by its employees, Terry and Silverman, despite the existence of a sexual harassment policy, due to the City's failure to dis
• Albert v. Nat'l Cash Register Co.
  874 F. Supp. 1328· S.D. Fla.· 1994-01-03 ·cited 6×
  Individual defendants cannot be held liable under Title VII or the Florida Human Rights Act, but the claim for intentional infliction of emotional distress survives dismissal, and all remaining claims must be arbitrated.
• Wood v. United States
  995 F.2d 1122· 1st Cir.· 1993-04-28 ·cited 6×
  A Westfall Act certificate cannot deny the occurrence of the basic incident charged; it must assume that some incident occurred, though it can dispute the characterization or subsidiary facts.
• Colle v. Brazos Cnty.
  981 F.2d 237· 5th Cir.· 1993-01-20 ·cited 6×
  The court held that the notice of appeal was insufficient to confer jurisdiction over all plaintiffs, but that claims against the county and sheriff were adequately pleaded under § 1983.
• Ali v. City of Clearwater
  807 F. Supp. 701· M.D. Fla.· 1992-11-20 ·cited 6×
  The court held that a plaintiff need not exhaust administrative remedies under Section 504 of the Rehabilitation Act, but must do so under the Florida Human Rights Act. Claims under 42 U.S.C. § 1983 against a municipality require an allegation of policy or custom.
• Jantz v. Cleofas F. Muci
  976 F.2d 623· 10th Cir.· 1992-10-09 ·cited 6×
  The court held that the principal was entitled to qualified immunity because the unlawfulness of his alleged conduct was not apparent in light of pre-existing law in 1988. The court also held that the school district could not be held liable as the principal did not possess final
• Hill v. Marshall
  962 F.2d 1209· 6th Cir.· 1992-05-01 ·cited 6×
  The court held that the district court erred in labeling a judgment notwithstanding the verdict as a remittitur and in setting aside the jury's punitive damages award, but affirmed the denial of the defendant's motions regarding liability and compensatory damages.
• Mitchell v. Edge
  598 So. 2d 125· Fla. 2d DCA· 1992-04-17 ·cited 6×
  Homeowners appealed summary judgment dismissing their claims against a contractor's officers after previously obtaining a judgment against the contractor itself. The court reversed as to one officer (Edge) because the earlier judgment against the contractor company had not been s
• Brownell v. Figel
  950 F.2d 1285· 7th Cir.· 1991-12-17 ·cited 6×
  The court held that the defendants were entitled to summary judgment because the plaintiff failed to present evidence of deliberate indifference to his medical needs or objectively unreasonable excessive force, and his own contributory negligence barred state law claims.
• Joseph E.L. Sullivan v. Freeman
  944 F.2d 334· 7th Cir.· 1991-09-13 ·cited 6×
  Federal public defenders do not have absolute immunity from malpractice suits under Illinois law, and the Westfall Act does not bar the suit at this stage due to procedural deficiencies.