Respondeat Superior

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

• Quezada v. The Cnty. OF Bernalillo
  944 F.2d 710· 10th Cir.· 1991-09-09 ·cited 6×
  The court held that the district court's factual findings on the § 1983 claim were clearly erroneous because they did not assess the evidence for objective reasonableness under the Graham standard, requiring remand. The court also addressed state law claims against the Sheriff an
• Bryant v. CSX Transp., Inc.
  577 So. 2d 613· Fla. 1st DCA· 1991-03-18 ·cited 6×
  An employee injured by a coworker's prank cannot recover under respondeat superior unless the coworker's act was committed in the course and scope of employment and in furtherance of the employer's business. When the injurious act is solely to satisfy personal spite or to perpetr
• Erdman v. Cochise Cnty.
  926 F.2d 877· 9th Cir.· 1991-02-22 ·cited 6×
  A Rule 68 Offer of Judgment, once accepted, cannot be rescinded based on the offeror's unilateral mistake regarding the inclusion of attorney fees as 'costs' under 42 U.S.C. § 1988, especially when the offer's language is unambiguous.
• Cooper v. Dupnik
  924 F.2d 1520· 9th Cir.· 1991-02-06 ·cited 6×
  Denying a suspect counsel to coerce a confession violates due process and 42 U.S.C. § 1983, regardless of the suspect's guilt or innocence.
• Lancaster Cmty. Hosp. v. Antelope Valley Hosp. Dist.
  940 F.2d 397· 9th Cir.· 1991-01-18 ·cited 6×
  The court held that the defendants were not shielded by state-action immunity from federal antitrust claims because California's policy was to support, not displace, competition in the hospital services market. The court also held that government entities cannot be held liable un
• Dias v. SKY Chefs, Inc.
  919 F.2d 1370· 9th Cir.· 1990-11-27 ·cited 6×
  The court held that a corporation can be held liable under respondeat superior for a manager's sexual harassment and intentional infliction of emotional distress if the acts were committed within the scope of employment, and that a corporation lacks standing to assert the equal p
• Wilmer B. GAY v. Petsock
  917 F.2d 768· 3d Cir.· 1990-10-26 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiff prisoner failed to state a claim against one defendant, presented insufficient evidence for claims against two others, and that the jury's verdict for the final defendant was permissible.
• Webster v. Attorney
  913 F.2d 510· 8th Cir.· 1990-09-05 ·cited 6×
  A claim for deprivation of a prompt judicial determination of probable cause under Gerstein v. Pugh survives a subsequent conviction for the underlying offense and is not barred by collateral estoppel. A pro se plaintiff's allegations against a sheriff, liberally construed, may b
• Boyd v. R.A. Bulala, M.D.
  905 F.2d 764· 4th Cir.· 1990-06-12 ·cited 6×
  The court held that the statutory cap on medical malpractice damages applies per patient, and that a new trial on damages was not warranted despite erroneous jury instructions, given the substantial margin by which the awards exceeded the cap.
• Janetka v. Dabe
  892 F.2d 187· 2d Cir.· 1989-12-15 ·cited 6×
  An acquittal on a resisting arrest charge constitutes a favorable termination for a malicious prosecution claim, even if the defendant was convicted of a related disorderly conduct charge arising from the same incident.
• Kinan v. City OF Brockton
  876 F.2d 1029· 1st Cir.· 1989-06-02 ·cited 6×
  The court affirmed the directed verdicts and jury findings, holding that the trial court did not err in excluding evidence, directing verdicts, or in its jury instructions.
• Ingeborg Schleier v. Kaiser Found. Health Plan of the Mid-Atlantic States, Inc.
  876 F.2d 174· D.C. Cir.· 1989-05-26 ·cited 6×
  The court held that the trial court committed reversible error by refusing to instruct the jury that any award of damages would not be subject to income taxation. The court also found that the jury instructions regarding inflation and discounting to present value were inadequate.
• Pomer v. Schoolman
  875 F.2d 1262· 7th Cir.· 1989-05-12 ·cited 6×
  The court held that the employer was properly dismissed from the case based on the fellow-servant rule, and there was no evidence of negligence by the employee or defective design by the manufacturer. The court also affirmed the denial of the plaintiffs' motion to amend their com
• Kaiser v. Lief
  874 F.2d 732· 10th Cir.· 1989-05-10 ·cited 6×
  The court held that the search warrant was validly issued, the seizure of furs was permissible under the plain view doctrine, and the jury instructions were proper.
• O'Brien v. William J. Young, M.D.
  538 So. 2d 112· Fla. 2d DCA· 1989-02-08 ·cited 6×
  The appellants appealed a summary judgment granted against Dr. William J. Young, challenging the trial judge's refusal to allow amendment of their complaint to add a respondeat superior theory of liability. The court held that while the summary judgment was properly entered becau
• Dorsey v. The City OF Detroit
  858 F.2d 338· 6th Cir.· 1988-10-04 ·cited 6×
  The court held that the trial court erred in admitting a police report withheld during discovery, entitling the mother to a new trial on her claims, but affirmed the judgment for the son and other claims.
• Frett v. Gov't OF THE Virgin Islands
  839 F.2d 968· 3d Cir.· 1988-02-17 ·cited 6×
  The court held that the Government of the Virgin Islands and its officials could be held liable under 42 U.S.C. § 1983 for reckless disregard of an inmate's safety, allowing judgments exceeding territorial tort claim limits.
• Alioto v. City OF Shively
  835 F.2d 1173· 6th Cir.· 1987-12-29 ·cited 6×
  Police officers testifying before a grand jury are absolutely immune from liability for their testimony, and municipalities cannot be held liable under § 1983 on a respondeat superior theory.
• Cronin v. The HERTZ Corp.
  818 F.2d 1064· 2d Cir.· 1987-05-19 ·cited 6×
  The United States is not vicariously liable for an employee's automobile accident that occurred after hours and while intoxicated, as the employee was not acting within the scope of his employment.
• Luthi v. Tonka Corp.
  815 F.2d 1229· 8th Cir.· 1987-04-10 ·cited 6×
  A corporation cannot be held vicariously liable under RICO based solely on the doctrine of respondeat superior.
• Sanchez v. United States
  813 F.2d 593· 2d Cir.· 1987-03-12 ·cited 6×
  The Feres doctrine does not bar a suit for injuries arising from negligent repair of a vehicle by a government service station, even if the service member was on active duty at the time of the accident, if the suit does not require second-guessing military decisions or impairing
• Jerrie M. Simmons v. United States
  805 F.2d 1363· 9th Cir.· 1986-12-09 ·cited 6×
  The court held that the patient's claim was not time-barred and the counselor's misconduct occurred within the scope of his employment under the FTCA.
• Berg v. United States
  806 F.2d 978· 10th Cir.· 1986-12-05 ·cited 6×
  The court held that the hospital's negligence in maintaining and operating equipment, and in training technologists, was the proximate cause of the patient's stroke, and that Medicare payments are a collateral source not deductible from the award.
• Borrego v. United States
  790 F.2d 5· 1st Cir.· 1986-05-01 ·cited 6×
  The court held that the government employee was acting within the scope of his employment when the accident occurred, making the United States liable under the FTCA.
• Ashelman v. Hon. Gary Pope
  769 F.2d 1360· 9th Cir.· 1985-08-27 ·cited 6×
  Judicial and prosecutorial immunity do not shield officials from claims of conspiracy to deprive constitutional rights, and a prisoner is entitled to amend a complaint alleging such conspiracy before discovery.
• Sanders v. United States
  760 F.2d 869· 8th Cir.· 1985-04-22 ·cited 6×
  The court held that the district court properly dismissed the pro se complaint as frivolous because the plaintiff failed to allege facts supporting jurisdiction over any of the defendants.
• Lasker v. Bear
  757 F.2d 15· 2d Cir.· 1985-03-01 ·cited 6×
  The court affirmed the district court's refusal to award lost tax benefits as damages, finding the claim speculative and unsupported by evidence of potential gains in an unrigged market.
• Milligan v. The City OF Newport News
  743 F.2d 227· 4th Cir.· 1984-09-19 ·cited 6×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for the negligent acts of its employees unless those acts were taken pursuant to an official policy, practice, or custom of the municipality.
• Evington v. Forbes
  742 F.2d 834· 4th Cir.· 1984-09-12 ·cited 6×
  The court held that the jury's finding that the employee was acting within the scope of his employment was supported by substantial evidence, and the trial court erred in granting judgment notwithstanding the verdict.
• Dick v. Watonwan Cnty.
  738 F.2d 939· 8th Cir.· 1984-07-11 ·cited 6×
  The court held that a broad delegation of discretion to individual employees to exercise their judgment does not constitute an official policy sufficient to establish municipal liability under 42 U.S.C. § 1983.
• Croes v. United States
  726 F.2d 31· 1st Cir.· 1984-02-01 ·cited 6×
  The government is not liable for the plaintiffs' injuries because the employee's detour to care for a personal pet was not within the scope of his employment.
• V.L. Cross v. Howell K. Lucius
  713 F.2d 153· 5th Cir.· 1983-09-02 ·cited 6×
  The court held that the civil rights statutes at issue do not create a right of action against successors-in-title to a deceased wrongdoer.
• Makris v. John G.E. Williams
  426 So. 2d 1186· Fla. 4th DCA· 1983-02-09 ·cited 6×
  This case involves a real estate contract dispute where the buyer failed to deposit the agreed-upon funds. The appellate court affirmed the trial court's interpretation of the contract regarding the deposit but reversed the dismissal of a respondeat superior claim against the buy
• Bailey M. Smith v. The City OF Okla. City
  696 F.2d 784· 10th Cir.· 1983-01-05 ·cited 6×
  The court held that an arrest warrant based on computer data showing current vehicle ownership, without confirming ownership at the time of the parking violations, violates the Fourth Amendment's probable cause requirement.
• Jackson v. Marine Terminals, Inc.
  422 So. 2d 882· Fla. 3d DCA· 1982-08-10 ·cited 6×
  The owner of a tractor, who lent it to a shipping company, is not immune from liability under the dangerous instrumentality doctrine for injuries sustained by an employee of the shipping company, even if the employee received compensation under the Longshoremen's and Harbor Worke
• Home Life Ins. Co. v. Equitable Equip. Co., Inc.
  680 F.2d 1056· 5th Cir.· 1982-07-19 ·cited 6×
  An employer is vicariously liable for an employee's fraudulent misrepresentations made in the course and scope of employment, even if the fraud furthers the employee's personal peculations. The measure of damages includes lost profits, not just out-of-pocket losses.
• Lambert v. Morania OIL Tanker Corp.
  677 F.2d 245· 2d Cir.· 1982-04-21 ·cited 6×
  The court held that an employer is not liable under the Jones Act for an assault by a co-employee unless the assault was committed in furtherance of the employer's business.
• Heckart v. Viking Exploration, Inc.
  673 F.2d 309· 10th Cir.· 1982-03-18 ·cited 6×
  A party settling a lawsuit may recover indemnity if it can prove it was not negligent and was potentially liable under a theory covered by the indemnity agreement, even if the lawsuit included claims outside the agreement's scope.
• Garbarino v. United States
  666 F.2d 1061· 6th Cir.· 1981-12-24 ·cited 6×
  The court held that the Federal Tort Claims Act's discretionary function exception barred claims based on the FAA's failure to promulgate specific crashworthiness regulations and its decision to delegate inspection duties to manufacturers.
• Love v. Budai
  665 F.2d 1060· D.C. Cir.· 1980-12-04 ·cited 6×
  Summary judgment for officers Budai, Robertson, and Finkelberg is reversed because genuine issues of material fact exist regarding their conduct and the jurisdictional amount for Finkelberg's claim.
• Luella Holmes and Elizabeth Y. Thomas v. Finney
  631 F.2d 150· 10th Cir.· 1980-09-12 ·cited 6×
  The court held that the mere surreptitious taping of a conversation by a party to it, without more, does not violate any federally protected right actionable under 42 U.S.C. §§ 1981, 1983, or 1985(3).
• Careaga v. Judge Harry M. James
  616 F.2d 1062· 8th Cir.· 1980-03-17 ·cited 6×
  The court held that the judge was protected by judicial immunity and the city could not be held liable under a theory of respondeat superior for the judge's actions.
• Fla. Real Est. Comm'n v. Johnson
  362 So. 2d 674· Fla.· 1978-09-07 ·cited 6×
  The Florida Supreme Court held that Section 475.01(2) of the Florida Statutes, which limits corporate landowners to selling property through only one unlicensed corporate officer, violates equal protection guarantees and is unconstitutionally restrictive. The Court affirmed a cir
• Pitrone v. Police Officer Louis J. Mercadante
  572 F.2d 98· 3d Cir.· 1978-02-21 ·cited 6×
  The court held that the district court erred in refusing to exercise pendent jurisdiction over state law claims against a municipality when an independent basis for federal jurisdiction existed.
• Sturman v. The City OF Golden Beach
  355 So. 2d 453· Fla. 3d DCA· 1978-02-14 ·cited 6×
  Stanley Sturman appealed three final judgments against him arising from a bizarre confrontation with police officers in Hallandale, Florida, in which he was arrested for assault, battery, and resisting arrest. The court affirmed the judgments, finding that although the officers l
• The Chesapeake & Ohio Ry. Co. v. Ill. Cent. Gulf R.R. Co.
  564 F.2d 222· 7th Cir.· 1977-10-20 ·cited 6×
  The court held that the prior judgment in Stacy v. C&O conclusively established the C&O's active negligence, estopping it from claiming indemnity based on passive negligence.
• Third Fed. Sav. & Loan Ass'n OF Cleveland v. Fireman's Fund Ins. Co.
  548 F.2d 166· 6th Cir.· 1977-01-21 ·cited 6×
  The court held that James F. Rogers was an independent contractor, not an employee, and therefore his dishonest acts were not covered by the bond. Additionally, losses resulting from loan defaults, even if induced by fraud, are excluded by the bond's terms.
• Davies v. United States
  542 F.2d 1361· 9th Cir.· 1976-07-06 ·cited 6×
  The court held that the Navy Commander was not acting within the scope of his employment when the accident occurred, as his late-night trip to the base was for personal convenience, not in furtherance of his employer's interests.
• JAX Liquors, Inc. v. Hall
  344 So. 2d 247· Fla. 1st DCA· 1976-02-10 ·cited 6×
  Jax Liquors and security company owners appeal a judgment holding them liable for an armed guard's shooting of a bar patron. The court affirmed, finding the guard acted within the scope of employment when he shot the patron during an altercation that began when the guard interven
• Joye N. Pierson v. United States
  527 F.2d 459· 9th Cir.· 1975-12-04 ·cited 6×
  The court held that the government failed to establish as a matter of law that the pilot was not acting within the scope of his employment or that Major Schmitz lacked apparent authority to authorize the flight.