Respondeat Superior

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

• Empire Fire & Marine Ins. Co. v. State Farm Mut. Ins. Co.
  368 So. 2d 1329· Fla. 3d DCA· 1979-03-13 ·cited 4×
  The appellate court affirmed the trial court's judgment that the lessee's insurer provided primary coverage for a tractor-trailer accident, despite the lessor's insurer's arguments regarding control and driver employment clauses in the lease agreement.
• Halbert D. Brooks v. Wash. Terminal Co.
  593 F.2d 1285· D.C. Cir.· 1979-01-17 ·cited 4×
  The court held that the evidence did not support a jury finding of employer negligence under either respondeat superior or direct negligence theories of liability under the FELA.
• Haywood v. Ball
  586 F.2d 996· 4th Cir.· 1978-11-17 ·cited 4×
  The court held that the district court erred in dismissing the state law negligence claim after a jury verdict, and that the plaintiff waived his right to appeal jury instructions by failing to object.
• Castlewood Int'l Corp. v. Whitman
  359 So. 2d 5· Fla. 4th DCA· 1978-05-02 ·cited 4×
  The court held that there was no competent evidence to support an agency relationship between the tavern owners and the individual who obtained and fired handguns in the parking lot.
• Schulz v. Clark Cnty. Sheriff Ralph Lamb
  504 F.2d 1009· 9th Cir.· 1974-10-15 ·cited 4×
  The court held that the dismissals against the county sheriff and hotel were proper, but the judgment in favor of the deputy sheriffs was erroneous due to lack of founded suspicion for arrest.
• The W. Cas. & Sur. Co. v. Grolier Inc. & the Richards Co., Inc.
  501 F.2d 434· 8th Cir.· 1974-07-23 ·cited 4×
  The court held that an employer is not liable to indemnify an automobile owner for a settlement paid to an injured employee when no independent duty of indemnification exists between the employer and the owner, especially when the employer is covered by workers' compensation.
• Chauncey D. Smith and Virginia Smith v. Quinn
  291 So. 2d 264· Fla. 4th DCA· 1974-03-15 ·cited 4×
  The Smiths were injured in a collision at a Shell service station when Quinn, a part-time employee, backed his vehicle into their car. The trial court granted summary judgment for the service station owner Adamski and Shell Oil Company. The appellate court reversed, holding that
• Moore v. The Sch. Bd. OF Pinellas Cnty.
  291 So. 2d 244· Fla. 2d DCA· 1974-03-06 ·cited 4×
  Willie Lee Moore sued the School Board of Pinellas County and its insurer after a student nurse trained under the school board's program negligently inserted a catheter, causing injury. The court reversed summary judgment, finding material questions about the school board's super
• Dart Indus., Inc. v. Liberty Mut. Ins. Co.
  484 F.2d 1295· 9th Cir.· 1973-09-25 ·cited 4×
  An insurer is liable under a policy for a loss caused by the willful act of an insured's agent, even if the act is deemed willful, if the insured itself is not personally at fault and did not authorize or ratify the act.
• Rudolf J. Gerneth and Henrica J. C. Gerneth v. The City OF Detroit
  465 F.2d 784· 6th Cir.· 1972-08-17 ·cited 4×
  A municipality's negligent performance of a licensing or investigatory duty does not create liability to an individual injured by a licensed party, absent a specific statutory intent to benefit individuals.
• City OF Miami v. Spicy
  266 So. 2d 101· Fla. 3d DCA· 1972-08-08 ·cited 4×
  The City of Miami appeals a $5,000 jury verdict for false imprisonment in favor of the estate of Alton Jimmie Exson. The court reversed, holding that the arresting officer had substantial reason to believe Exson was committing the misdemeanor of drunkenness, making the arrest law
• Town OF Largo v. L & S Bait Co. OF Fla., Inc.
  256 So. 2d 412· Fla. 2d DCA· 1972-01-14 ·cited 4×
  The Town of Largo appealed a partial summary judgment on liability in a negligence suit brought by L & S Bait Company for damages from a sewer backup. The court held that municipalities have governmental immunity from negligence liability for governmental functions like sewer ope
• City OF Miami v. Cleveland
  250 So. 2d 298· Fla. 3d DCA· 1971-06-29 ·cited 4×
  The City of Miami appeals a jury verdict awarding damages for the death of Ejester Cleveland, shot during police response to a riot in 1968. The court reverses, holding that Florida Statute § 870.05 grants police officers complete civil and criminal immunity when they kill or wou
• Barnes v. W. Point Foundry & Mach. Co., Inc.
  441 F.2d 532· 5th Cir.· 1971-04-12 ·cited 4×
• Dorothea E. McSWAIN and Stella McSparran v. United States
  422 F.2d 1086· 3d Cir.· 1970-02-20 ·cited 4×
  The court held that Corporal McSwain's journey was within the authorized scope of his employment and line of duty, making the United States liable for his negligence.
• L. B. Foster Co., Inc. v. Hurnblad
  418 F.2d 727· 9th Cir.· 1969-11-18 ·cited 4×
  A company can be held liable for negligently selecting an incompetent independent contractor to perform work that poses a risk of physical harm, even if the contractor is not an employee.
• Frazier v. United States
  412 F.2d 22· 6th Cir.· 1969-05-28 ·cited 4×
  The dissenting judge would affirm the district court's decision, finding the employee's travel was within the scope of employment.
• Nez Cocoris v. Wayman Smith
  221 So. 2d 13· Fla. 1st DCA· 1969-04-08 ·cited 4×
  A complaint alleging simple negligence against a motor vehicle owner/operator by a passenger is insufficient if the passenger was not paying for the transportation, even if the driver was acting as an agent or was part of a joint venture with the passenger.
• Sibyl I. McCLUGGAGE v. United States
  392 F.2d 395· 6th Cir.· 1968-04-05 ·cited 4×
  The court held that the Air Force member was acting within the scope of his employment when the accident occurred, making the government liable under the FTCA.
• Cap. Ins. & Sur. Co., Inc. v. Globe Indem. Co.
  382 F.2d 623· 9th Cir.· 1967-09-18 ·cited 4×
  The court held that the district court did not err in finding Carolan was not covered by the Globe policy and that Capital's policy limits were not restricted, thus affirming the judgment for Globe on equitable subrogation.
• Munson v. United States
  380 F.2d 976· 6th Cir.· 1967-08-04 ·cited 4×
  A covenant not to sue an employee for the full limits of his insurance policy, with express reservation of rights against the United States, does not release the United States under the Federal Tort Claims Act when the United States has no right of indemnity against its employee.
• Rose v. City OF Fort Lauderdale
  163 So. 2d 889· Fla. 2d DCA· 1964-05-13 ·cited 4×
  The court held that the City is not immune from liability for the torts of its police officers and that a genuine issue of material fact existed, precluding summary judgment.
• Nat'l Labor Relations Bd. v. Local 542, Int'l Union OF Operating Eng'rs, AFL-CIO
  329 F.2d 512· 3d Cir.· 1964-03-10 ·cited 4×
  The International Union is not liable for lost earnings of an employee who did not file a charge against it, and the Local Union is not liable for wrongs committed by a trustee's agent during a trusteeship when the local membership had no control.
• Rudick v. Prineville Mem'l Hosp.
  319 F.2d 764· 9th Cir.· 1963-07-02 ·cited 4×
  The court held that the dismissal of the radiologist was proper due to lack of expert testimony showing negligence, and the jury's verdict for the general practitioner was supported by substantial evidence, affirming the lower court's judgments.
• O'Toole v. United States
  284 F.2d 792· 2d Cir.· 1960-12-02 ·cited 4×
  The court held that New York law, specifically Section 59 of the Vehicle and Traffic Law, requires that permission for vehicle use be for the purpose and time granted; a deviation negates implied permission, thus precluding owner liability.
• Anceimo Moreno v. Aldrich
  113 So. 2d 406· Fla. 2d DCA· 1959-06-19 ·cited 4×
  The Game and Fresh Water Fish Commission appealed a judgment awarding plaintiff Moreno $22,500 for personal injuries from a motor vehicle accident, arguing that Florida Statute § 455.06 limited its liability to its insurance policy limit of $10,000. The court affirmed the trial c
• United States Fire Ins. Co. v. Gulf States Marine & Mining Co.
  262 F.2d 565· 5th Cir.· 1959-01-09 ·cited 4×
  The court held that the loss was covered by the Norwich policy insuring the tug, not the United States Fire policy insuring the barge, because the loss resulted from the negligence of the tug's crew during the towing operation.
• Kaplan Trucking Co. v. Lavine
  253 F.2d 254· 6th Cir.· 1958-03-11 ·cited 4×
  The court held that the jury should have been properly instructed on the issue of whether the driver was acting within the scope of his employment, and the prior instructions were inadequate.
• Alphonse Napolitano v. E. Motor Express, Inc.
  246 F.2d 249· 3d Cir.· 1957-07-03 ·cited 4×
  The court held that the plaintiff presented a prima facie case of negligence and that the trial court erred in excluding evidence of customary unloading practices.
• Tilly v. Flippin
  237 F.2d 364· 10th Cir.· 1956-09-12 ·cited 4×
  The remedy provided by the New Mexico common carrier death statute is exclusive when death is caused by the negligence of a common carrier's employee, precluding a separate action under the general wrongful death statute.
• Moye v. United States
  218 F.2d 81· 5th Cir.· 1955-01-04 ·cited 4×
  The United States is not liable under the Federal Tort Claims Act for an employee's negligence when the employee is acting on a personal mission, even if the negligence occurs during work hours or in proximity to work.
• Gen. Elec. Co. v. Rees
  217 F.2d 595· 9th Cir.· 1954-11-24 ·cited 4×
  The court held that the employer owed no duty to the general public regarding the health of its bus driver, and the trial court erred in submitting the case to the jury on a theory of negligent examination without sufficient proof.
• Douglas v. Ry. Express Agency, Inc.
  75 So. 2d 802· Fla.· 1954-11-19 ·cited 4×
  Douglas sought damages for injuries sustained in a truck accident while oranges were being transported from Bonita Springs to Fort Myers. The Florida Supreme Court affirmed dismissal, holding that Railway Express Agency's part-time commission agent lacked authority to hire the tr
• Johnson v. Esso Standard Oil Co.
  211 F.2d 397· 5th Cir.· 1954-03-06 ·cited 4×
  The court held that the employee was not acting within the scope of his employment when the accident occurred, as he was on a personal mission.
• Poole v. Clagett
  196 F.2d 775· D.C. Cir.· 1952-05-01 ·cited 4×
• Wilburn v. McREE
  193 F.2d 425· 10th Cir.· 1951-12-31 ·cited 4×
  The court held that an employee's deviation from a prescribed route, even if substantial, does not automatically constitute abandonment of the employer's business if the deviation is not marked or unusual and is for a purpose not wholly disconnected from employment.
• McGILVRAY v. Powell 700 N., Inc.
  186 F.2d 909· 7th Cir.· 1951-01-17 ·cited 4×
  The court held that inconsistent verdicts between a wife's personal injury claim and her husband's loss of services claim do not require reversal, nor do the jury instructions on damages and evidence admission.
• Charles Stores Co. Inc. v. O'Quinn
  178 F.2d 372· 4th Cir.· 1949-12-12 ·cited 4×
  A store manager's report of suspicious circumstances to police, even if leading to an arrest, does not establish the employer's liability for malicious prosecution if the manager lacked express or implied authority to instigate prosecution.
• Liverpool & London & Globe Ins. Co., Ltd. v. Otis Elevator Co.
  175 F.2d 832· 4th Cir.· 1949-07-28 ·cited 4×
  The subrogated insurer cannot recover from the contractor for fire damage caused by welding, as the employer who contracted for the work was primarily responsible for the negligent welding.
• Radich v. United States
  160 F.2d 616· 9th Cir.· 1947-03-22 ·cited 4×
  The court held that the general employers of a tractor operator remain liable for the operator's negligence when they lease out the operator and equipment without relinquishing control over the manner and method of operating the instrumentality, and when they ratify the use by ac
• Lamb v. Interstate S. S. Co.
  149 F.2d 914· 6th Cir.· 1945-06-25 ·cited 4×
  The court held that the owner of the stranded vessel was not liable for the deaths of the tug crew, as the towing company was an independent contractor and there was no evidence of a joint venture or mutual fault attributable to the stranded vessel's owner.
• Great Am. Indem. Co. v. Fleniken
  134 F.2d 208· 5th Cir.· 1943-02-01 ·cited 4×
  The court held that the evidence established as a matter of law that the driver was an independent contractor, not a servant, and therefore the insurer was not liable.
• Ring v. The Dimitrios Chandris
  133 F.2d 124· 3d Cir.· 1943-01-13 ·cited 4×
  The watchmen were employees of the libellant, and their negligence in allowing detained seamen to escape constituted a breach of contract for which the libellant was liable.
• Whicher v. Phinney
  124 F.2d 929· 1st Cir.· 1942-01-13 ·cited 4×
  The court held that the trial judge should have directed a verdict for the defendant Phinney due to lack of evidence of negligence.
• Pillsbury Flour Mills Co. v. Miller (two cases)
  121 F.2d 297· 8th Cir.· 1941-06-16 ·cited 4×
  The court held that the jury had sufficient evidence to infer the employee was acting within the scope of his employment, and that evidentiary rulings, even if erroneous, were not prejudicial.
• Saucer v. Willys-Overland, Inc.
  S.D. Fla.· 1931-04-15 ·cited 4×
  In a wrongful death action under Florida law, the court held that a complaint alleging the defendant committed a tortious act through its agent or servant sufficiently pleads respondeat superior liability without expressly alleging the servant acted within the scope of employment
• Firestone v. Temple Beth Sholom
  183 So. 3d 1225· Fla. 3d DCA· 2016-01-20 ·cited 3×
  Joyce Firestone appealed a judgment dismissing her sexual abuse claims against Temple Beth Sholom on statute of limitations grounds. The court affirmed, holding that her vicarious liability and fiduciary duty claims do not qualify for the extended limitations periods available un
• Balachander v. Ncl (Bahamas) Ltd.
  800 F. Supp. 2d 1196· S.D. Fla.· 2011-08-05 ·cited 3×
  The court held that the Death on the High Seas Act (DOHSA) applied to all claims, limiting recovery to pecuniary damages, and dismissed claims not cognizable under DOHSA or for which no duty was owed. The court also found a doctor waived personal jurisdiction defense and that a c
• Am. Fed'n of Labor-Congress of Indus. Orgs. v. City of Miami
  650 F. Supp. 2d 1258· S.D. Fla.· 2009-09-02 ·cited 3×
  The court granted summary judgment for the defendants on the plaintiffs' First Amendment claims (Counts 1 and 3) and failure to train/supervise claims (Count 4), finding no genuine issues of material fact regarding city policy or deliberate indifference.
• Trammell v. Thomason
  559 F. Supp. 2d 1281· M.D. Fla.· 2008-06-03 ·cited 3×
  The court held that Florida's strict liability dog bite statutes do not apply to police dogs acting in their official duties and that sovereign immunity bars the state law claims. The court also found that genuine issues of material fact precluded summary judgment on the Section