Respondeat Superior

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

• Schultz v. Hall
  365 F. Supp. 2d 1218· N.D. Fla.· 2005-04-15 ·cited 2×
  The court held that the deputies were entitled to qualified immunity because their actions in arresting the plaintiff, including the force used during handcuffing, were objectively reasonable under the circumstances and did not violate clearly established law.
• Engelleiter v. Brevard Cnty. Sheriff's Dep't
  290 F. Supp. 2d 1300· M.D. Fla.· 2003-07-25 ·cited 2×
  The court held that the defendant's motion for summary judgment should be granted because the undisputed facts did not demonstrate deliberate indifference to the plaintiff's serious medical needs, nor did they establish a policy or custom of deliberate indifference.
• McCurry v. Moore
  242 F. Supp. 2d 1167· N.D. Fla.· 2002-11-21 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment in favor of Defendants Moore and Franklin on certain claims and denying it in others, remanding the case for further proceedings.
• Pace v. Platt
  228 F. Supp. 2d 1332· N.D. Fla.· 2002-08-12 ·cited 2×
  The court held that the IRS and its employees are immune from suit for claims related to tax assessment and collection, and that plaintiffs failed to exhaust administrative remedies.
• Fla. Country Clubs, Inc. v. Carlton
  98 F. Supp. 2d 1356· M.D. Fla.· 2000-05-23 ·cited 2×
  The court found that the plaintiffs failed to allege sufficient facts to establish state action by Carlton Fields, a private entity, and therefore could not proceed with their Section 1983 claim against them. Motions related to Partyka were denied as moot due to a settlement.
• Carnival Corp. v. The HERTZ Corp.
  748 So. 2d 323· Fla. 3d DCA· 1999-12-01 ·cited 2×
  Carnival Corporation appeals a jury verdict finding it liable under respondeat superior for an automobile accident caused by employee Emileth Rodriguez. The court reversed and remanded for a new trial because the jury instruction on scope of employment was confusing, unsupported
• Maggio v. Florida
  56 F. Supp. 2d 1370· M.D. Fla.· 1999-07-19 ·cited 2×
  The court held that the plaintiff's allegations were sufficient to state a claim for retaliation under the First Amendment against individual defendants and that ADA and Rehabilitation Act claims were not duplicative. Therefore, the motions to dismiss were denied.
• Mainstream Am., Inc. v. Cap. Prop. Mgmt., Inc.
  732 So. 2d 401· Fla. 3d DCA· 1999-04-07 ·cited 2×
  Mainstream America appeals from an award of attorney's fees to Capital Property Management in a contractual indemnity action. The court reversed, holding that attorney's fees under an indemnity clause are not available when the party seeking indemnity was not found liable, as no
• Ball v. Heilig-Meyers Furniture Co.
  35 F. Supp. 2d 1371· M.D. Fla.· 1999-02-10 ·cited 2×
  The court held that sexual harassment is actionable under Title VII, but the tort of sexual harassment and intentional infliction of emotional distress are not recognized in Florida common law. Negligent retention was dismissed for lack of a foundational duty.
• Fusaro v. Hialeah Hous. Auth.
  33 F. Supp. 2d 1354· S.D. Fla.· 1999-01-11 ·cited 2×
  Summary judgment is granted for the defendant Housing Authority because the plaintiffs failed to present sufficient evidence to establish genuine issues of material fact regarding their claims of discrimination, retaliation, and due process violations.
• Nelson Ex Rel. the Estate of Nelson v. Prison Health Servs., Inc.
  991 F. Supp. 1452· M.D. Fla.· 1997-12-30 ·cited 2×
  The Sheriff, not being personally involved in the decision to withhold medical treatment, is entitled to qualified immunity. Private prison guards are not entitled to qualified immunity under Richardson v. McKnight.
• Rosenbaum v. S. Manatee Fire & Rescue Dist.
  980 F. Supp. 1469· M.D. Fla.· 1997-10-14 ·cited 2×
  Summary judgment is granted for the sexual harassment claim but denied for the sexual discrimination and constructive discharge claims, as genuine issues of material fact exist regarding the latter two.
• Whitehead v. Sch. BD. for Hillsborough Cty.
  932 F. Supp. 1393· M.D. Fla.· 1996-06-28 ·cited 2×
  The court held that the Defendant Department of Education (DOE) cannot be held liable for attorney's fees or other relief because it was not a party to the administrative proceedings and the plaintiffs failed to exhaust administrative remedies against DOE.
• Crown Eurocars, Inc. v. Schropp
  636 So. 2d 30· Fla. 2d DCA· 1993-12-29 ·cited 2×
  Crown Eurocars and its sales manager Robert Cohen appealed a jury verdict awarding compensatory damages for fraud concerning misrepresentations about Mercedes-Benz involvement in a paint defect repair. The court affirmed the compensatory damages award but reversed the punitive da
• State Auto. Mut. Ins. Co. v. Ryder Truck Rental, Inc.
  627 So. 2d 1326· Fla. 3d DCA· 1993-12-14 ·cited 2×
  The court held that where a tractor policy excludes trailer coverage and the trailer policy has an excess clause but no other underlying coverage, both policies must provide primary coverage on a pro rata basis.
• DiBernardo v. Waste Mgmt.
  838 F. Supp. 567· M.D. Fla.· 1993-11-16 ·cited 2×
  The court held that the plaintiff's complaint sufficiently alleged claims for sexual harassment, including quid pro quo and hostile work environment, and that there was a reasonable basis for a punitive damages claim.
• Ganter v. Dep't OF Ins.
  620 So. 2d 202· Fla. 1st DCA· 1993-05-28 ·cited 2×
  John Ganter appeals the Department of Insurance's six-month suspension of his insurance license based on his employee's unauthorized sale of auto service contracts. The court held that while the statute did not explicitly require proof of knowledge, due process principles require
• Robert Dale Hicks (92-5105) v. Chief Richard A. Frey (92-5063)
  992 F.2d 1450· 6th Cir.· 1993-05-13 ·cited 2×
  The court held that there was insufficient evidence to support a finding of deliberate indifference against Richard Frey.
• Cameron v. Thornburgh
  983 F.2d 253· D.C. Cir.· 1993-01-22 ·cited 2×
  The court held that venue was improper in the District of Columbia for the Bivens action and that the claims against two federal officials failed to state a claim. The court affirmed dismissal of claims against two officials and transferred the remaining claims to the proper venu
• City OF Chicago v. Matchmaker Real Est. Sales Ctr.
  982 F.2d 1086· 7th Cir.· 1992-12-10 ·cited 2×
  The court held that the City, Leadership Council, and testers have standing to sue, and that Matchmaker and its sole shareholder are vicariously liable for the racial steering committed by their agents.
• Hessel v. O'Hearn
  977 F.2d 299· 7th Cir.· 1992-10-06 ·cited 2×
  The court held that police officers did not exceed the scope of a search warrant when seizing items that were later returned, but that the de minimis doctrine does not bar a claim for the theft of a can of soda pop by one officer.
• Brady v. Dairy Fresh Prods. Co.
  974 F.2d 1149· 9th Cir.· 1992-09-09 ·cited 2×
  The court held that respondeat superior and agency liability may apply to civil RICO claims under 18 U.S.C. § 1962(a) and § 1962(c) when the employer is distinct from the enterprise and benefited from the employee's or agent's RICO violations.
• Schwarder v. United States
  974 F.2d 1118· 9th Cir.· 1992-09-04 ·cited 2×
  A settlement under the Federal Tort Claims Act (FTCA) bars claims by the settling party, but state law governs the effect of such a settlement on claims by non-settling parties. California law treats wrongful death claims as independent, not derivative, of the decedent's personal
• Duffy v. United States
  966 F.2d 307· 7th Cir.· 1992-07-06 ·cited 2×
  The court held that military personnel's claims against the government for injuries arising from military service are barred by the Feres/Chappell doctrine, and that claims against federal employees for torts committed within the scope of employment are exclusively handled by the
• Adams v. James
  797 F. Supp. 940· M.D. Fla.· 1992-06-18 ·cited 2×
  The court held that plaintiffs failed to allege facts sufficient to state a claim for a personal constitutional right unique to law clerks, and that qualified immunity applied.
• R.M. Perez & Assocs., Inc. v. Welch
  960 F.2d 534· 5th Cir.· 1992-05-13 ·cited 2×
  The court held that seven of eight plaintiffs were compelled to arbitration, affirmed the arbitrators' award, but reversed the district court's reduction of attorneys' fees awarded for the district court proceedings.
• Holt v. Caspari
  961 F.2d 1370· 8th Cir.· 1992-04-17 ·cited 2×
  The court held that a guilty plea to criminal charges arising from the same incident moots a subsequent appeal regarding the propriety of prison disciplinary proceedings, and that the disciplinary board's decision was supported by some evidence and did not violate due process.
• Bird v. United States
  949 F.2d 1079· 10th Cir.· 1991-11-25 ·cited 2×
  The court held that the CRNA was an employee of the government for FTCA purposes, not an independent contractor, because the government retained the power to control the detailed physical performance of the CRNA's duties.
• City OF OPA Locka v. Hill
  590 So. 2d 952· Fla. 3d DCA· 1991-11-12 ·cited 2×
  The City of Opa Locka appeals from a trial court order granting partial summary judgment to Carolyn Hill on counts alleging the city's liability for negligence under respondeat superior and loss of filial consortium, arising from a shooting incident involving a city-employed kara
• Ashworth v. United States
  772 F. Supp. 1268· S.D. Fla.· 1991-08-27 ·cited 2×
  The court held that Seaman Nellis was acting within the scope of his employment when the accident occurred, and that the Ashworths were not comparatively negligent, entitling plaintiffs to summary judgment on liability.
• Garcy v. Broward Process Servers, Inc.
  583 So. 2d 714· Fla. 4th DCA· 1991-07-03 ·cited 2×
• Terrell v. R.D. Brewer
  935 F.2d 1015· 9th Cir.· 1991-06-05 ·cited 2×
  The court held that dismissal for failure to exhaust administrative remedies should be without prejudice, and affirmed summary judgment for one defendant while reversing and remanding the dismissal of another.
• Nat'l Football Scouting Inc. v. Cont'l Assurance Co.
  931 F.2d 646· 10th Cir.· 1991-04-25 ·cited 2×
  The court held that the district court erred in granting summary judgment, as genuine issues of material fact existed regarding Morton's agency for CAC and/or National and Superior.
• Wetzel v. Hoffman
  928 F.2d 376· 11th Cir.· 1991-04-11 ·cited 2×
  The court held that a city can be liable under 42 U.S.C. § 1983 for retaliatory actions taken by a final policymaker or pursuant to a municipal custom or policy, even if those actions were illegal. The dismissal was premature as the plaintiff may be able to prove facts supporting
• The Associated Gen. Contractors OF Conn., Inc. v. Nat'l Labor Relations Bd.
  929 F.2d 910· 2d Cir.· 1991-04-04 ·cited 2×
  The court held that derivative liability in a supplemental compliance proceeding requires a showing of alter ego, successor, or single employer status, and that the employers' association (AGC) could not be held liable on the facts presented.
• Dean v. City OF Worcester
  924 F.2d 364· 1st Cir.· 1991-01-23 ·cited 2×
  The court held that the officers' use of force was objectively reasonable under the Fourth Amendment and state law, and thus summary judgment for the defendants was proper.
• Molzof v. United States
  911 F.2d 18· 7th Cir.· 1990-08-30 ·cited 2×
  Damages sought for future medical expenses and loss of enjoyment of life for a comatose patient are considered punitive under the Federal Tort Claims Act and are therefore barred.
• K.L. Pattison and Pattison v. Emp'rs Reinsurance Corp.
  900 F.2d 986· 6th Cir.· 1990-04-20 ·cited 2×
  An insurer has a duty to defend its insured when the allegations in the underlying complaint arguably state a claim for negligence independent of excluded claims, especially when policy language is ambiguous.
• Laborers' Int'l Union OF N. Am. & Laborers' Int'l Union of N. Am. v. Rayburn Crane Serv., Inc.
  559 So. 2d 1219· Fla. 2d DCA· 1990-03-23 ·cited 2×
  Two labor unions appealed judgments for damages stemming from union members' arson of crane equipment during a labor dispute. The court reversed the judgment against the international union because there was insufficient evidence it dominated local operations, but affirmed the ju
• Gutierrez v. City of Hialeah
  723 F. Supp. 1494· S.D. Fla.· 1989-10-31 ·cited 2×
  The court held that plaintiffs' counsel failed to conduct a reasonable prefiling inquiry for Section 1983 and negligence claims against the City, Say, and Martinez, warranting Rule 11 sanctions.
• LUX v. Hansen
  886 F.2d 1064· 8th Cir.· 1989-10-10 ·cited 2×
  The court held that the defendants were protected by qualified immunity on the civil rights claim and by state statute immunity on the state law negligence claim.
• Bennett v. The City OF Grand Prairie
  883 F.2d 400· 5th Cir.· 1989-09-19 ·cited 2×
  The court held that probable cause existed to arrest Ms. Bennett, and even if it did not exist for Mr. Bennett, the officers and cities were immune from suit. Therefore, the district court's judgment was affirmed.
• Spann v. Tyler Indep. Sch. Dist.
  876 F.2d 437· 5th Cir.· 1989-06-29 ·cited 2×
  A municipality cannot be held liable under section 1983 for an employee's failure to properly exercise discretion granted by policy.
• Jefferson Smurfit Corp. v. JBS, Inc.
  546 So. 2d 30· Fla. 1st DCA· 1989-06-22 ·cited 2×
  Jefferson Smurfit Corporation appealed summary judgments in negligence and breach of contract against Handi-Man Industrial Temporary Help Service, a temporary labor provider. The court reversed, holding that whether a temporary worker was a "borrowed servant" under the control of
• Jacque Bunting v. United States
  884 F.2d 1143· 9th Cir.· 1989-05-22 ·cited 2×
  The court held that Alaska's Good Samaritan statute shields the United States from liability for ordinary negligence in providing emergency medical care, and the Coast Guard had no pre-existing duty to rescue, thus precluding liability for gross negligence.
• Calvert Ins. Co. v. W. Ins. Co.
  874 F.2d 396· 7th Cir.· 1989-04-21 ·cited 2×
  An insurer has no duty to defend if the alleged conduct, even if reckless, falls within the policy's exclusion for expected or intended injuries.
• Scutieri v. Est. of Revitz
  683 F. Supp. 795· S.D. Fla.· 1988-04-12 ·cited 2×
  The court held that genuine issues of material fact precluded summary judgment on most counts, denying motions for the Southeast Defendants and granting them for Paige and Fernandez on specific RICO claims.
• Pilarowski v. MacOmb Cnty. Health Dept. & Macomb Cnty. Bd. of Comm'rs
  841 F.2d 1281· 6th Cir.· 1988-03-15 ·cited 2×
  The district court misapplied Monell by requiring proof of a municipal policy or custom when the deprivation of rights stemmed from an act of the county's legislative body.
• Silverstein v. Metroplex Commc'ns, Inc.
  678 F. Supp. 863· S.D. Fla.· 1988-01-12 ·cited 2×
  The court held that the plaintiff failed to establish a prima facie case of sex discrimination and that the defendant's reasons for termination were legitimate and non-discriminatory. The court also found no actionable sexual harassment creating a hostile work environment.
• Huey Henry Breaux v. Schlumberger Offshore Servs.
  832 F.2d 316· 5th Cir.· 1987-11-05 ·cited 2×
  The court certified a question to the Louisiana Supreme Court regarding whether a finding of no actual or apparent authority of an employee to enter a lease precludes a finding of detrimental reliance.