Respondeat Superior

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

• Shaw v. Strackhouse
  920 F.2d 1135· 3d Cir.· 1990-12-06 ·cited 4×
  The court held that the professional judgment standard, not deliberate indifference, applies to claims by involuntarily institutionalized mentally retarded individuals. It reversed summary judgment on the February 15 assault claim but affirmed it on the restraint and February 3 a
• United Servs. Auto. Ass'n v. Barger
  910 F.2d 321· 6th Cir.· 1990-08-06 ·cited 4×
  The court held that an insurer's failure to provide timely notice of potential indemnification to an employee bars an indemnity action, even if notice was technically given.
• Johnson v. Hardin Cnty.
  908 F.2d 1280· 6th Cir.· 1990-07-20 ·cited 4×
  The court held that there was insufficient evidence to establish county liability for the prisoner's mistreatment, but the jury could find the individual jail officials deliberately indifferent to his serious medical needs. The attorney's fees award was reversed for reconsiderati
• Hunt v. Miller
  908 F.2d 1210· 4th Cir.· 1990-07-18 ·cited 4×
  The court affirmed the judgment against Interstate Securities Corporation but reversed the judgment against attorney Michael Miller, remanding for a new trial.
• McEVOY v. Union OIL Co.
  552 So. 2d 1169· Fla. 3d DCA· 1989-11-14 ·cited 4×
  The court held that summary judgment for U-Haul on agency and scope of employment was improper, as a jury could find the grandfather was an employee acting within the scope of employment. Summary judgment for other defendants was affirmed.
• Valdiviez v. United States
  884 F.2d 196· 5th Cir.· 1989-09-22 ·cited 4×
  The court held that the United States was not vicariously liable for the blood donor's actions and not negligent in its blood screening procedures, but that a factual issue remained regarding informed consent for the blood transfusion.
• Irwin Lighterman, M.D. v. Porter
  548 So. 2d 891· Fla. 3d DCA· 1989-09-19 ·cited 4×
  Dr. Lighterman appeals a partial summary judgment finding him vicariously liable for a hospital technician's negligent bandaging that resulted in the amputation of a child's finger. The court reverses, holding that disputed facts exist regarding whether the doctor remained presen
• Graham v. Davis
  880 F.2d 1414· D.C. Cir.· 1989-08-01 ·cited 4×
  The court held that an instruction preventing recovery if both parties used excessive force was erroneous, and that a claim for negligent training against a municipality requires alleging deliberate indifference.
• Flanagan v. Aaron E. Henry Cmty. Health Servs. Ctr.
  876 F.2d 1231· 5th Cir.· 1989-07-13 ·cited 4×
  The court held that standard agency principles apply to § 1981 cases.
• Vasquez v. The Bd. OF Regents
  548 So. 2d 251· Fla. 2d DCA· 1989-07-12 ·cited 4×
  A guardian brought a medical negligence action against the Board of Regents and a university faculty physician after settling with other defendants for the statutory sovereign immunity limit. The court held that the release of other tortfeasors did not release the Board and physi
• Felipa Monreal Rodriguez v. Handy
  873 F.2d 814· 5th Cir.· 1989-05-26 ·cited 4×
  A judgment against the United States under the FTCA bars any action against the government employee whose conduct gave rise to the claim, and attorney's fees and costs against the employees must also be vacated.
• Wassum v. The City OF Bellaire
  861 F.2d 453· 5th Cir.· 1988-12-12 ·cited 4×
  A municipality's inadequate hiring policies, if not unconstitutional themselves, require proof of gross negligence or conscious indifference to public welfare to establish section 1983 liability.
• R Ranch Mkt. Corp. v. United States
  861 F.2d 236· 9th Cir.· 1988-11-10 ·cited 4×
  The government must show that predicate acts of food stamp trafficking were taken for the benefit of the employer to permanently disqualify a retail food store.
• Gonzalez v. Pub. Health Tr.
  686 F. Supp. 898· S.D. Fla.· 1988-06-17 ·cited 4×
  The court held that Title VII is not the exclusive remedy for claims brought under 42 U.S.C. § 1981, and that a municipality cannot be held liable under § 1981 or § 1983 without proof of a discriminatory custom or policy.
• Hewlett v. Davis
  844 F.2d 109· 3d Cir.· 1988-04-06 ·cited 4×
  The court held that monetary sanctions were appropriate for discovery violations, dismissal for failure to prosecute was justified, and post-verdict discovery was permissible, but the district court erred in remanding a motion to state court instead of hearing it.
• Speer v. Ottaway Newspapers, Inc.
  828 F.2d 475· 8th Cir.· 1987-09-09 ·cited 4×
  A newspaper is not liable for libel based on a reporter's knowledge if the reporter was treated solely as an outside source and had no responsibility for the publication of the editorial, nor if those responsible for publication did not act with actual malice.
• Noll v. Petrovsky
  828 F.2d 461· 8th Cir.· 1987-09-08 ·cited 4×
  The court held that the district court did not abuse its discretion in ruling on the summary judgment motion and correctly granted summary judgment for the defendants.
• Ouzts v. Sgt. D. Cummins
  825 F.2d 1276· 8th Cir.· 1987-08-13 ·cited 4×
  The court held that a prisoner's pro se complaint alleging a beating by correction officers and a warden's failure to respond to a grievance was properly dismissed.
• Ahmed Al Harby v. Saadeh
  816 F.2d 436· 9th Cir.· 1987-05-05 ·cited 4×
  The court held that an open-return airline ticket does not guarantee a specific departure time, and thus, the airline's failure to provide timely return passage does not constitute a breach of contract. Furthermore, the airline is not liable for the travel agent's alleged neglige
• Majorie Rubek v. Barnhart
  814 F.2d 1283· 8th Cir.· 1987-04-03 ·cited 4×
  The court held that supervisors cannot be held liable under § 1983 if the subordinate's conduct did not amount to a constitutional violation.
• Garza v. United States
  809 F.2d 1170· 5th Cir.· 1987-02-17 ·cited 4×
  The United States is not liable under the FTCA for a child's injury from a stolen explosive because the theft and subsequent events were not reasonably foreseeable consequences of the government's initial negligence.
• Womack v. Gettelfinger
  808 F.2d 446· 6th Cir.· 1986-12-29 ·cited 4×
  The court held that the jury's award of punitive damages was not supported by the evidence under Tennessee law, as the truck driver's conduct, while negligent, did not rise to the level of gross negligence or conscious indifference required for punitive damages. The court also re
• Occidental Fire & Cas. Co. OF N.C. v. Int'l Ins. Co.
  804 F.2d 983· 7th Cir.· 1986-10-31 ·cited 4×
  The court held that the truckmen's endorsement in Occidental's policy, when read with the lease agreement, imposed primary liability on Occidental, and that Occidental waived arguments against considering the lease by failing to raise them in the district court.
• Quincy West v. Atkins
  799 F.2d 923· 4th Cir.· 1986-09-03 ·cited 4×
  The court held that summary judgment for the doctor and prison director was premature, requiring a determination of deliberate indifference to serious medical needs before addressing the state action issue. Summary judgment for the Governor was affirmed.
• Clayton Brokerage Co. OF ST. Louis, Inc. v. Commodity Futures Trading Comm'n & Webster S. Sturcken
  794 F.2d 573· 11th Cir.· 1986-07-21 ·cited 4×
  The court held that the broker's misrepresentations about trading risks proximately caused the customer's losses, and the broker acted within the scope of employment, imputing liability to the firm. The court also upheld the award of prejudgment interest.
• Yahia Ahmad Joudeh v. United States
  783 F.2d 176· 10th Cir.· 1986-02-06 ·cited 4×
  The court held that an absentee store owner can be disqualified from the Food Stamp Program based on his manager's violations, even if the owner was not personally involved, due to negligent supervision and a controlling regulation attributing management's actions to the store.
• O'Donnell v. CBS, Inc.
  782 F.2d 1414· 7th Cir.· 1986-02-04 ·cited 4×
  The court held that the plaintiff failed to present evidence of falsity in the announcement of his dismissal and that his privacy claim failed due to his secretary's consent to access his files. Therefore, summary judgment for the defendant was affirmed.
• Kaczmarek v. Kelly
  479 So. 2d 222· Fla. 5th DCA· 1985-11-29 ·cited 4×
  A bailor-lessee injured as a passenger in a vehicle may sue the negligent driver without having the driver's negligence imputed to him.
• Thompson v. Prince William Cnty.
  753 F.2d 363· 4th Cir.· 1985-01-31 ·cited 4×
  The court held that the arrest warrant was supported by probable cause, and therefore, the plaintiff's § 1983 claim was properly dismissed.
• Empire Fire & Marine Ins. Co. v. Truck Ins. Exch.
  462 So. 2d 76· Fla. 1st DCA· 1985-01-03 ·cited 4×
  Empire Fire and Marine Insurance Company appealed a declaratory judgment determining insurance coverage responsibility for injuries sustained by a passenger in a truck operated under a permanent lease arrangement with an ICC-regulated carrier. The court reversed, holding that the
• Meeker v. Addison
  586 F. Supp. 216· S.D. Fla.· 1984-07-06 ·cited 4×
  The court held that Florida has waived sovereign immunity for federal civil rights actions under 42 U.S.C. § 1983, allowing such suits against the state and its agencies, but state tort claims require exhaustion of administrative remedies.
• Newcomb v. N. E. Ins. Co.
  721 F.2d 1016· 5th Cir.· 1983-12-27 ·cited 4×
  The court held that summary judgment was improperly granted because the determination of whether the gravel hauler was an employee or an independent contractor presented a mixed question of law and fact, requiring jury resolution.
• Magayanes v. T.J. Terrance
  739 F.2d 1131· 7th Cir.· 1983-09-26 ·cited 4×
  The court affirmed the judgment for the defendants, finding no merit in the plaintiff's challenges to the jury verdict.
• Trudeau v. Wyrick
  713 F.2d 1360· 8th Cir.· 1983-08-05 ·cited 4×
  The dissenting judge would reverse and remand, finding the jury's verdict unsupported by the instructions given and the theories submitted.
• Smith v. PAN AM World Airways
  706 F.2d 771· 6th Cir.· 1983-05-19 ·cited 4×
  The court held that summary judgment for the employer was appropriate because the plaintiff failed to present evidence of discriminatory purpose or disparate treatment based on race under 42 U.S.C. § 1981.
• Ostroff v. State
  554 F. Supp. 347· M.D. Fla.· 1983-01-31 ·cited 4×
  The court held that it lacked subject matter jurisdiction over the plaintiff's claims for damages arising from the termination of Social Security benefits, due to the Social Security Act's limitations and Eleventh Amendment sovereign immunity.
• Green Miller, Jr. v. Barry
  698 F.2d 1259· D.C. Cir.· 1983-01-28 ·cited 4×
  A municipality cannot be held liable under 42 U.S.C. § 1983 or a Bivens action based solely on respondeat superior; the plaintiff must allege that an official policy caused the constitutional violation.
• Chastain v. Litton Sys., Inc.
  694 F.2d 957· 4th Cir.· 1982-12-02 ·cited 4×
  The court held that summary judgment was inappropriate because genuine issues of material fact exist regarding whether Litton was a social host or acting in its business interests, and whether its actions constituted negligence proximately causing the accident.
• Herlinda Espino v. City OF Kingsville
  676 F.2d 1075· 5th Cir.· 1982-05-28 ·cited 4×
  The court held that the trial court did not err in denying motions for directed verdict and judgment notwithstanding the verdict, and that the city could not be held liable under a theory of respondeat superior. Evidentiary rulings were also found not to be reversible error.
• Am. Bankers Life Assurance Co. OF Fla. v. TRI City Bank & Tr. Co.
  677 F.2d 28· 6th Cir.· 1982-04-30 ·cited 4×
  The court held that the bank officer acted as the bank's agent, not the insurer's, and therefore the bank is liable for the officer's fraudulent scheme.
• Ward v. Johnson
  667 F.2d 1126· 4th Cir.· 1981-12-30 ·cited 4×
  The dissenting judge believes the presiding officer in administrative proceedings is immune from personal liability under § 1983 for evidentiary rulings.
• Marson v. Dadeland Rent-A-Car, Inc.
  408 So. 2d 245· Fla. 3d DCA· 1981-12-29 ·cited 4×
  The court held that the trial court erred in ordering a remittitur based on inadmissible evidence that affected liability, and a new trial on all issues is required.
• Burl D. Pilgrim and Martha Pilgrim v. Fortune Drilling Co., Inc.
  653 F.2d 982· 5th Cir.· 1981-08-17 ·cited 4×
  An employer is not liable for an employee's negligence while commuting to or from work, even if the employee is fatigued, unless the employer has a right to control the employee's conduct during that commute.
• Life Ins. Co. OF N. Am. v. Del Aguila
  389 So. 2d 303· Fla. 5th DCA· 1980-10-16 ·cited 4×
  Life Insurance Company of North America appeals a fraud judgment that included punitive damages against it based on the fraudulent conduct of its agents. The court affirms, holding that under Florida law, a principal corporation is vicariously liable for punitive damages arising
• Dolence v. Flynn
  628 F.2d 1280· 10th Cir.· 1980-08-26 ·cited 4×
  The court held that a trial by affidavit is procedurally impermissible when crucial disputed issues of fact exist, and that plaintiffs in 42 U.S.C. § 1983 actions are entitled to a jury trial.
• Heath v. Redbud Hosp. Dist.
  620 F.2d 207· 9th Cir.· 1980-05-30 ·cited 4×
  The court held that the plaintiff's termination did not violate due process because she had no constitutionally protected property interest in her employment and no liberty interest was implicated.
• United States v. Gov't Emps. Ins. Co., Inc.
  612 F.2d 705· 2d Cir.· 1980-01-14 ·cited 4×
  The court held that the insurance policy's exclusion of the United States from coverage was not permitted by New York Insurance Department regulations.
• Naughton v. Bevilacqua
  605 F.2d 586· 1st Cir.· 1979-09-20 ·cited 4×
  The court held that the Director of the Department of Mental Health, Retardation and Hospitals was not a proper or necessary party for injunctive relief regarding a patient's specific medical care, absent personal involvement or policy responsibility.
• West v. West
  372 So. 2d 170· Fla. 2d DCA· 1979-06-13 ·cited 4×
  The court affirmed the dismissal of the appellant's complaint based on interspousal immunity but certified a question to the Florida Supreme Court regarding its applicability to former spouses for intentional torts committed during marriage.
• Berta Coto v. Anipecu, Inc.
  371 So. 2d 183· Fla. 3d DCA· 1979-05-15 ·cited 4×
  The court reversed a summary judgment for a landlord, holding that a jury could find the landlord vicariously liable for the negligence of a tenant's son who was mowing the lawn, if the landlord's alleged prohibition against others using the mower was not absolute.