Respondeat Superior

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

• Johnson v. Powell F. Carter
  939 F.2d 180· 4th Cir.· 1991-07-08 ·cited 5×
  The dissenting judge would hold that the Attorney General's certification of scope of employment should preclude judicial review and that the district court's factual findings were clearly erroneous.
• Soldal v. Cnty. OF Cook
  923 F.2d 1241· 7th Cir.· 1991-01-24 ·cited 5×
  The court should remand the Fourteenth Amendment claim for trial because the damage to the trailer constituted an independent deprivation of property, and the Fourth Amendment applies to unreasonable seizures in civil proceedings.
• Terrell McCoy Creekmore and wife v. United States
  905 F.2d 1508· 11th Cir.· 1990-07-13 ·cited 5×
  The court held that the district court erred by applying the doctrine of res ipsa loquitur without making a clear factual finding that the defendants jointly controlled the instrumentality causing the injury.
• Crowley v. Prince George's Cnty.
  890 F.2d 683· 4th Cir.· 1989-11-29 ·cited 5×
  A municipality cannot be held liable under 42 U.S.C. § 1981 based on respondeat superior; liability requires official policy, and the police chief's personnel decision did not constitute such policy. A Title VII retaliation claim is not cognizable if based on investigating commun
• Prieto v. Metro. Dade Cnty.
  718 F. Supp. 934· S.D. Fla.· 1989-08-29 ·cited 5×
  The court held that Metropolitan Dade County's ordinance was constitutional and that the county was not liable under 42 U.S.C. § 1983 because the alleged constitutional violations were not pursuant to a county policy or custom.
• Roger Lambert Ad Litem for Carol A. Hoffler v. Indian River Elec., Inc.
  551 So. 2d 518· Fla. 4th DCA· 1989-08-23 ·cited 5×
  The court reversed summary judgment in a negligence action brought by a guardian ad litem on behalf of an injured passenger against a vehicle owner, holding that interspousal immunity is not available as a defense to a non-spouse owner under the dangerous instrumentality doctrine
• Lolita Parker v. Williams
  855 F.2d 763· 11th Cir.· 1988-09-20 ·cited 5×
  The court held that collateral estoppel cannot be applied against parties who have not had an opportunity to litigate the issue, even if the issue was litigated by another party in a prior action.
• Brown v. City of Miami Beach
  684 F. Supp. 1081· S.D. Fla.· 1988-04-20 ·cited 5×
  The court held that a municipality may not prosecute fire code violations in county court if it has created a code enforcement board, as jurisdiction is vested exclusively in the board.
• Jauch v. Corley
  830 F.2d 47· 5th Cir.· 1987-10-19 ·cited 5×
  The court held that the district court committed reversible error by admitting a deposition without proper showing of witness unavailability and by instructing the jury on sheriff liability without requiring a finding of authorization, participation, or ratification.
• Brown v. Officer L. Patterson
  823 F.2d 167· 7th Cir.· 1987-06-12 ·cited 5×
  An officer executing a facially valid arrest warrant does not violate the Fourth Amendment by arresting the wrong person if the officer acts reasonably under the circumstances, even if the warrant contains inaccurate information.
• Talbert v. Kelly
  799 F.2d 62· 3d Cir.· 1986-08-25 ·cited 5×
  The court held that the city's policy was not unconstitutional and did not cause the plaintiffs' rights violation, nor was the city estopped from denying liability. The court reversed the district court's directed verdict on liability.
• Davis v. W. Cmty. Hosp.
  786 F.2d 677· 5th Cir.· 1986-04-07 ·cited 5×
  The court held that the district court erred in dismissing the case for want of jurisdiction and in failing to consider statistical evidence, and that collateral estoppel should have been applied.
• Mercilyn Buchanan v. Stanships, Inc.
  744 F.2d 1070· 5th Cir.· 1984-09-18 ·cited 5×
  The court held that a genuine issue of material fact existed regarding whether the ship owners knew or should have known of a customary practice of carrying passengers, precluding summary judgment on claims other than the Jones Act seaman status.
• Temistocles Ramirez de Arellano v. Caspar W. Weinberger
  724 F.2d 143· D.C. Cir.· 1983-12-22 ·cited 5×
  The court held that while the case is not a nonjusticiable political question, injunctive and declaratory relief are inappropriate due to foreign affairs concerns and the availability of monetary relief under the Tucker Act.
• Carter v. City OF ST. Petersburg
  319 So. 2d 602· Fla. 2d DCA· 1975-09-17 ·cited 5×
  A conviction, even if subsequently reversed, conclusively establishes probable cause for an arrest, unless the conviction was obtained by fraud, perjury, or other corrupt means.
• City OF Jacksonville v. Walton
  318 So. 2d 546· Fla. 1st DCA· 1975-06-30 ·cited 5×
  An arrest without a warrant violates Florida law when the arresting officers lack probable cause, measured by whether a reasonable person with knowledge of all facts available to the officer would have believed a felony was committed and that the suspect committed it. The jury pr
• Trinity Universal Ins. Co. v. Cincinnati Ins. Co.
  513 F.2d 915· 6th Cir.· 1975-04-16 ·cited 5×
  The Trinity policy did not cover Mrs. Chittum because the car she was driving was owned by a member of her household, and the Cincinnati catastrophe policy did cover her liability in excess of the primary policy limits.
• Collazo v. John W. Campbell Farms, Inc.
  213 F.2d 255· 5th Cir.· 1954-05-31 ·cited 5×
  The court held that there was sufficient evidence to submit to the jury the question of whether William Campbell acted within the scope of his employment when he allegedly arrested and beat the plaintiff.
• Weaver v. Lottie Hale and her husband
  82 Fla. 88· Fla.· 1921-07-01 ·cited 5×
  In this negligence action arising from an automobile accident, the plaintiffs successfully recovered damages against both an employer and his employee driver. The Florida Supreme Court affirmed the judgment, holding that both the employer and employee may be jointly liable under
• Gambrel v. Sampson
  330 So. 3d 114· Fla. 2d DCA· 2021-11-17 ·cited 4×
  The appellate court granted a writ of mandamus to compel a lower court to enter a judgment on an arbitration award. The lower court had improperly allowed a party to seek a trial de novo after the deadline, despite the mandatory nature of entering judgment on an arbitration award
• Cooper, Jr. v. Fla. Dep't of Corr.
  2019 WL 5304078· M.D. Fla.· 2020-07-27 ·cited 4×
  The court held that the plaintiff failed to state a plausible claim against the FDOC, Corizon, the officers, and Warden Freeman due to insufficient factual allegations and lack of specificity.
• Gov't Emps. Ins. Co. v. Arreola
  231 So. 3d 508· Fla. 2d DCA· 2017-06-02 ·cited 4×
  Geico appeals a partial summary judgment requiring it to pay an attorney's fee judgment under its supplemental payments policy provision. The appellate court holds the partial summary judgment is non-final and non-appealable but converts the appeal to a certiorari petition and qu
• Essex Ins. Co. v. Integrated Drainage Solutions, Inc.
  124 So. 3d 947· Fla. 2d DCA· 2013-10-04 ·cited 4×
  Essex Insurance Company sought declaratory relief that it was not obligated to defend or indemnify defendants in a wrongful death suit based on policy exclusions. The circuit court granted summary judgment for the defendants, but the appellate court reversed, holding that the 200
• Cintron v. ST. Joseph's Hosp., Inc.
  112 So. 3d 685· Fla. 2d DCA· 2013-05-03 ·cited 4×
  The court held that the trial court erred in granting summary judgment because the hospital's motion did not address the plaintiffs' theory of vicarious liability under respondeat superior.
• In & for New Castle Cnty. Diana L. Miller Civil Action No.
  2009 WL 1900394· Del. Super. Ct.· 2011-04-06 ·cited 4×
  The Delaware Superior Court granted in part and denied in part the Department's motion for summary judgment. The court held that the plaintiff's hostile work environment claim was time-barred and that her retaliation claim failed. However, the court found that the plaintiff's qui
• Klein & Heuchan, Inc. v. Costar Realty Info., Inc.
  707 F. Supp. 2d 1287· M.D. Fla.· 2010-04-19 ·cited 4×
  The court held that Klein was not liable for contributory or vicarious copyright infringement because it lacked knowledge of Bell's unauthorized use and did not profit directly from it. The settlement with Bell did not release Klein.
• Sauve v. Lamberti
  597 F. Supp. 2d 1312· S.D. Fla.· 2008-12-01 ·cited 4×
  The court held that genuine disputes of material fact preclude summary judgment for both defendants regarding the plaintiff's claim of deliberate indifference to serious medical needs.
• Hajtman v. NCL (Bahamas) Ltd.
  526 F. Supp. 2d 1324· S.D. Fla.· 2007-12-07 ·cited 4×
  A cruise ship owner is not vicariously liable for the negligence of its ship's medical staff, nor can a passenger reasonably believe the medical staff are agents of the shipowner under maritime law.
• Fla. Fam. Ass'n v. Sch. Bd. of Hillsborough Cnty.
  494 F. Supp. 2d 1311· M.D. Fla.· 2007-06-28 ·cited 4×
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendant because the email blocking was due to volume concerns, not content, and the plaintiffs failed to establish municipal liability based on policy or custom.
• Doe v. Faerber Ex Rel. Estate of Faerber
  446 F. Supp. 2d 1311· M.D. Fla.· 2006-08-14 ·cited 4×
  The court held that the plaintiff sufficiently stated claims for relief under 42 U.S.C. § 1983 and Title IX against the School Board, and a negligence claim against Mrs. Faerber as a landowner, thus denying in part and granting in part various motions to dismiss.
• Moody v. City OF KEY W.
  805 So. 2d 1018· Fla. 3d DCA· 2001-12-26 ·cited 4×
  This case involves an appeal from a summary judgment granted in favor of the City of Key West and its police officers. The plaintiffs alleged violations of 42 U.S.C. § 1983 and common law torts, including unlawful entry, wrongful arrest, and excessive force. The appellate court a
• Owens v. City of Fort Lauderdale
  174 F. Supp. 2d 1282· S.D. Fla.· 2001-09-20 ·cited 4×
  The court granted summary judgment for the City, finding that the officers' actions in restraining the individual did not constitute excessive force as a matter of law and that the officers were acting under color of state law.
• Daniel Rothman, M.D., P.A. v. Thomas Hebebrand and his wife
  720 So. 2d 595· Fla. 4th DCA· 1998-10-21 ·cited 4×
  A principal whose liability rests solely on vicarious liability cannot be held liable if the agent is exonerated.
• Buettner v. Cellular ONE, Inc.
  700 So. 2d 48· Fla. 1st DCA· 1997-09-03 ·cited 4×
  Appellant sued his employer for vicarious liability arising from an automobile accident with a deceased employee, but the trial court granted summary judgment for the employer because the direct claim against the employee was barred by the statute of limitations. The court held t
• Denno Ex Rel. Denno v. Sch. Bd. of Volusia Cnty.
  959 F. Supp. 1481· M.D. Fla.· 1997-02-03 ·cited 4×
  The court held that while a heightened pleading standard does not apply to § 1983 claims against local governments, it does apply to claims against individual officials in their individual capacities, and that the plaintiff failed to allege a clearly established constitutional ri
• Lewis v. Allstate Ins. Co.
  667 So. 2d 261· Fla. 1st DCA· 1995-08-31 ·cited 4×
  The Florida First District Court of Appeal held that uninsured motorist (UM) insurance benefits are available to an insured even when the statute of limitations bars recovery against the uninsured tortfeasor, because a procedural bar differs from a substantive defense to liabilit
• Nadeau v. Costley
  634 So. 2d 649· Fla. 4th DCA· 1994-01-12 ·cited 4×
  Carol Nadeau appeals a summary judgment dismissing her claims against cruise line Carnival and Captain Los arising from a sexual assault by crew member Costley in her cabin. The Fourth District Court of Appeal reversed as to Carnival on breach of contract and vicarious liability
• Ronny J. Sanders v. Sears
  984 F.2d 972· 8th Cir.· 1993-02-02 ·cited 4×
  The court held that collateral estoppel did not bar Sanders' § 1983 claim because the issue of probable cause for arrest was not litigated in the state criminal trial, but affirmed dismissal of the § 1983 claim against Sears and Geiger on other grounds, while vacating dismissal o
• Johnson v. Powell F. Carter
  983 F.2d 1316· 4th Cir.· 1993-01-15 ·cited 4×
  The dissenting judge argues that the Attorney General's certification of scope of employment for substitution purposes is judicially reviewable, and that the military officer in this case acted outside the scope of his employment.
• Carter v. Thompson
  808 F. Supp. 1548· M.D. Fla.· 1992-12-16 ·cited 4×
  Summary judgment is granted for defendants on most claims, but denied on the claim that the plaintiff was denied a form to appeal his disciplinary confinement sentence, as a genuine issue of material fact exists.
• Transp. Int'l Pool, Inc. v. PAT Salmon & Sons OF Fla., Inc.
  609 So. 2d 658· Fla. 4th DCA· 1992-11-18 ·cited 4×
  Transport International Pool, Inc. (TIP), a trailer lessor, sought indemnification from Pat Salmon & Sons of Florida, Inc., after settling an injury claim where it was determined TIP had no legal liability. The Fourth District reversed summary judgment against TIP, holding that w
• Walker v. Crigler
  976 F.2d 900· 4th Cir.· 1992-10-05 ·cited 4×
  The dissenting judge argues that the majority's imposition of strict liability on property owners for agent discrimination under the Fair Housing Act is incorrect, as ordinary agency principles should apply.
• McMATH v. City OF Gary
  976 F.2d 1026· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that while the plaintiff's complaint adequately alleged a violation of a liberty interest to survive a motion to dismiss, there was insufficient evidence presented at trial to link the defendants to the public dissemination of stigmatizing statements about the plai
• Apolinar "Paul" Benavides and Stella G. Benavides v. Cnty. OF Wilson & Marvin H. Baumann
  955 F.2d 968· 5th Cir.· 1992-03-05 ·cited 4×
  The court held that the plaintiffs failed to raise a fact issue regarding the county's deliberate indifference in hiring and training jail personnel, and that the wife's state-law claims were also insufficient.
• Brown v. Wallace
  957 F.2d 564· 8th Cir.· 1992-02-21 ·cited 4×
  The court held that the magistrate judge did not abuse discretion in denying the motion to amend the complaint and that the defendants were not personally liable for the plaintiff's alleged mistreatment.
• Forrest City Mach. Works, Inc. v. United States
  953 F.2d 1086· 8th Cir.· 1992-01-06 ·cited 4×
• Lutz v. Secretary OF THE AIR Force
  944 F.2d 1477· 9th Cir.· 1991-09-16 ·cited 4×
  The court held that the denial of the motion to dismiss based on Feres intramilitary immunity is appealable under the collateral order doctrine, and that the sergeants' actions were not incident to military service.
• Mirabal v. Cachurra Corp.
  580 So. 2d 285· Fla. 3d DCA· 1991-05-21 ·cited 4×
  In this workers' compensation immunity case, the court affirmed summary judgment for defendants in a wrongful death action arising from an employee's electrocution during construction work. The court held that neither the employer nor coemployee lost statutory immunity, as their
• Houston v. Reich
  932 F.2d 883· 10th Cir.· 1991-05-07 ·cited 4×
  The court held that the district court erred in ordering the City to pay judgments against individual officers after the City had been dismissed from the action, and that the Oklahoma Governmental Tort Claims Act did not apply because the officers' conduct, as indicated by puniti
• Shands Teaching Hosp. & Clinics, Inc. v. Delmar W. Pendley
  577 So. 2d 632· Fla. 1st DCA· 1991-03-26 ·cited 4×
  In this medical malpractice case, Shands Teaching Hospital appeals a jury verdict finding it liable for negligence by resident physician Dr. Vermazen. The court affirms, holding that agency status was properly a jury question because Shands had contractual control rights, discipl