Respondeat Superior

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

• Weiss v. Jacobson
  62 So. 2d 904· Fla.· 1953-01-30 ·cited 76×
  Bertha Weiss sued dress shop owner Jacobson for injuries caused when a saleslady forcibly pulled her toward a mirror, allegedly tripping her to the floor. The trial court dismissed for failure to state a cause of action, but the Florida Supreme Court reversed, holding that the qu
• Engleman v. Traeger
  102 Fla. 756· Fla.· 1931-08-06 ·cited 76×
  This case addresses the liability of automobile owners when they permit others to use their vehicles on public highways. The Florida Supreme Court held that an owner remains legally responsible for negligent operation by anyone using the car with the owner's knowledge and consent
• Vivienne Rabidue v. Osceola Ref. Co.
  805 F.2d 611· 6th Cir.· 1986-11-13 ·cited 75×
  The court held that the majority opinion erroneously resolved plaintiff's substantive claims regarding gender-based discrimination and hostile work environment.
• Guillory v. Cnty. OF Orange
  731 F.2d 1379· 9th Cir.· 1984-04-25 ·cited 75×
  The court held that the district court erred in dismissing governmental entity defendants and individual defendants, and in granting a directed verdict for the remaining defendants.
• Ralph E. Nishiyama and wife v. Dickson Cnty.
  814 F.2d 277· 6th Cir.· 1987-03-18 ·cited 74×
  The court held that the plaintiffs' allegations of gross negligence by sheriffs in entrusting a patrol car to a convicted felon, who then murdered the plaintiff's daughter, stated a claim for deprivation of life without due process under 42 U.S.C. § 1983.
• Brewer v. Blackwell
  692 F.2d 387· 5th Cir.· 1982-11-29 ·cited 74×
  The court held that a justice of the peace is not immune from liability for non-judicial acts, and that police officers are protected by qualified immunity based on an objective good-faith standard. The court also found that the Parratt v. Taylor doctrine does not bar claims for
• Adams v. Pate
  445 F.2d 105· 7th Cir.· 1971-06-23 ·cited 74×
  The court held that the district court did not err in dismissing the inmate plaintiffs' complaints for failure to state a claim or as frivolous.
• Katz v. Dole
  709 F.2d 251· 4th Cir.· 1983-06-01 ·cited 73×
  The court held that the plaintiff established a case of sexual harassment actionable under Title VII, but found no error in the rejection of her disparate treatment claim.
• Mahone v. Waddle
  564 F.2d 1018· 3d Cir.· 1977-08-24 ·cited 73×
  The court held that a cause of action under 42 U.S.C. § 1981 cannot be asserted against a municipality, and municipalities are not subject to suits for damages under the Fourteenth Amendment.
• Tiny's Liquors, Inc. v. Davis
  353 So. 2d 168· Fla. 3d DCA· 1977-12-06 ·cited 72×
  The court held that even if a directed verdict should have been granted on one theory (respondeat superior), the jury verdict should be affirmed if supported by sufficient evidence on another theory (negligent hiring and retention).
• Stinson v. Prevatt
  84 Fla. 416· Fla.· 1922-10-10 ·cited 72×
  A widow sued a lumber company and its agent for the wrongful death of her husband, who was shot by the agent while supposedly acting to prevent labor interference. The Florida Supreme Court affirmed a jury verdict imposing liability on both the company and agent under the respond
• Hall v. GUS Constr. Co., Inc.
  842 F.2d 1010· 8th Cir.· 1988-03-25 ·cited 71×
  The court held that the evidence was sufficient to establish a hostile work environment and constructive discharge under Title VII and the Iowa Civil Rights Act, and that the emotional distress damages awarded were not excessive.
• Traver v. Meshriy
  627 F.2d 934· 9th Cir.· 1980-08-25 ·cited 71×
  The court held that a general verdict could be attributed to pendent state tort claims, even if a federal claim was weak, and that the evidence supported the jury's findings on those state claims.
• Leonetti v. Boone
  74 So. 2d 551· Fla.· 1954-08-31 ·cited 71×
  The Florida Supreme Court affirmed an order granting a new trial in a negligence action, holding that a trial court erred by instructing the jury that a defendant owner must prove by a preponderance of the evidence that a driver operated the vehicle without consent. The court cla
• Jung Ja Malandris v. Merrill Lynch
  703 F.2d 1152· 10th Cir.· 1981-03-04 ·cited 70×
  The dissenting judge believes the compensatory damages are excessive and a new trial is required, disagreeing with the majority's remittitur on punitive damages.
• Thompson v. City OF Jacksonville
  130 So. 2d 105· Fla. 1st DCA· 1961-05-04 ·cited 70×
  Thompson v. City of Jacksonville addresses municipal tort liability when police officers negligently broke into and searched a resident's home without proper authority. The court held that Florida municipal corporations may be held liable for negligent acts of employees under res
• Eisenberg v. Gagnon
  766 F.2d 770· 3d Cir.· 1985-06-28 ·cited 69×
  The court held that the district court erred by failing to instruct the jury that fraudulent projections are actionable under federal securities laws and by granting judgment n.o.v. on state negligent misrepresentation claims due to insufficient evidence of reliance.
• Linda (Sinklear) Lessman v. McCORMICK
  591 F.2d 605· 10th Cir.· 1979-01-26 ·cited 69×
  The court held that the complaint sufficiently stated a claim for false arrest and imprisonment under 42 U.S.C. § 1983 against the arresting officer and bank employee, but not for claims under 42 U.S.C. §§ 1985 and 1986 due to lack of class-based discriminatory animus.
• Barnes v. Costle
  561 F.2d 983· D.C. Cir.· 1977-07-27 ·cited 69×
  The court held that conditioning employment benefits upon an employee's submission to a supervisor's sexual demands constitutes sex discrimination under Title VII, even if gender is not the sole factor.
• MAY v. Palm Beach Chem. Co., Inc.
  77 So. 2d 468· Fla.· 1955-01-21 ·cited 69×
  Katherine May sued Palm Beach Chemical Company for injuries sustained when her husband, an employee, negligently operated the company's automobile while on a personal errand. The Florida Supreme Court reversed the trial court's dismissal, holding that an employer remains liable u
• Brigham Young Univ. v. Lillywhite
  118 F.2d 836· 10th Cir.· 1941-01-17 ·cited 69×
  The dissenting opinion argues that the University, as a charitable institution, is immune from liability for the student's injuries, and that the instructor's alleged negligence was not the proximate cause of the accident.
• Taylor v. Burlington N. R.R. Co.
  787 F.2d 1309· 9th Cir.· 1986-04-18 ·cited 68×
  The court held that the trial court erred in refusing to instruct the jury on comparative negligence, requiring a new trial. However, other evidentiary and instructional rulings were affirmed.
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Nolan Joseph Barrios v. La. Constr. Materials Co.
  465 F.2d 1157· 5th Cir.· 1972-08-01 ·cited 68×
• Tallahassee Furniture Co., Inc. v. Harrison
  583 So. 2d 744· Fla. 1st DCA· 1991-07-31 ·cited 67×
  Tallahassee Furniture Company appealed a jury verdict finding it liable for injuries suffered by Elizabeth Harrison when an employee attacked her in her home. The court affirmed, holding that evidence of the employee's criminal history, drug abuse, and psychiatric illness was suf
• Liquid AIR Corp. v. Rogers
  834 F.2d 1297· 7th Cir.· 1987-11-13 ·cited 67×
  The court held that a preponderance of the evidence is sufficient for civil RICO claims and that repeated infliction of economic injury upon a single victim within a single scheme can constitute a pattern of racketeering activity.
• Fernandez v. Chardon
  681 F.2d 42· 1st Cir.· 1982-06-08 ·cited 67×
  A class action tolls the Puerto Rican statute of limitations during its pendency for all purported class members, and when class certification is denied for lack of numerosity, the limitations period begins to run anew. The Supreme Court's decision in Delaware State College v. Ri
• Luckett v. Bethlehem Steel Corp.
  618 F.2d 1373· 10th Cir.· 1980-03-21 ·cited 67×
  The court held that genuine issues of fact remained regarding Bethlehem Steel's control over its subsidiary's operations and potential liability, precluding summary judgment. The court also affirmed the dismissal of claims against Bethlehem Singapore due to lack of personal juris
• Shimman v. Frank
  625 F.2d 80· 6th Cir.· 1980-05-21 ·cited 66×
  The court held that collateral estoppel did not apply to bar the civil suit despite a prior criminal case dismissal, and that the district court's findings of liability under the Landrum-Griffin Act and state law were not clearly erroneous.
• Reuber v. United States
  750 F.2d 1039· D.C. Cir.· 1984-12-07 ·cited 65×
  A private employer acting as an ad hoc federal agent, instigated by federal officials to violate constitutional rights, can be subject to Bivens liability and equitable relief like reinstatement, even if damages are available.
• Sharp v. Coopers & Lybrand
  649 F.2d 175· 3d Cir.· 1981-04-28 ·cited 64×
  An accounting firm can be held liable under respondeat superior for an employee's securities law violations when the firm issues an opinion letter intended to influence investors, creating a stringent duty to supervise. The trial court erred in deciding 'culpable participation' u
• Marbury Mgmt., Inc. v. Kohn
  629 F.2d 705· 2d Cir.· 1980-04-21 ·cited 64×
  The dissent argues that the majority's decision abandons traditional causation principles for fraud claims under federal securities acts, allowing recovery where the injury is not directly caused by the alleged wrong.
• Polite v. Diehl
  507 F.2d 119· 3d Cir.· 1974-12-31 ·cited 64×
  The court held that while the one-year statute of limitations for false arrest applies to the arrest itself, it does not extend to claims of assault and battery, coerced guilty plea, or unlawful seizure of property, which are governed by different state statutes of limitations.
• Marshall v. Nugent
  222 F.2d 604· 1st Cir.· 1955-05-13 ·cited 64×
  The court held that the trial court did not err in refusing to direct a verdict for Socony, as issues of contributory negligence, proximate cause, and scope of employment were properly submitted to the jury.
• Griggs-Ryan v. Beulah Smith
  904 F.2d 112· 1st Cir.· 1990-06-08 ·cited 63×
  A party who is repeatedly warned that all incoming calls are being recorded and then proceeds to use the phone without qualification impliedly consents to the interception of those calls under Title III.
• Anderson v. City OF Atlanta
  778 F.2d 678· 11th Cir.· 1985-12-16 ·cited 63×
  The court held that the trial court erred in granting judgment notwithstanding the verdict because there was sufficient evidence for the jury to find that the City of Atlanta and Director Hudson were liable under 42 U.S.C. § 1983 due to a policy or custom of understaffing that le
• Kingsville Indep. Sch. Dist. v. Cooper
  611 F.2d 1109· 5th Cir.· 1980-02-15 ·cited 63×
  The court held that an independent school district is amenable to suit under 42 U.S.C. § 1983, and that a teacher's classroom expression, even if controversial, is protected speech unless it overbalances her usefulness as an instructor.
• Variety Child's. Hosp., Inc. v. Perkins
  382 So. 2d 331· Fla. 3d DCA· 1980-02-05 ·cited 63×
  Variety Children's Hospital appeals a $1.2 million jury verdict in a medical malpractice case involving negligent post-operative care of a four-month-old patient. The court affirms the judgment, holding that the hospital was vicariously liable for the negligence of its resident p
• City of Tampa v. Easton
  145 Fla. 188· Fla.· 1940-11-26 ·cited 63×
  City of Tampa appeals a judgment awarding damages for injuries caused by negligent operation of the city's motor truck. The Florida Supreme Court affirms, holding that a municipality is liable for negligence in operating a dangerous instrumentality (motor vehicle) on its streets
• Slawson v. Fast Food Enters.
  671 So. 2d 255· Fla. 4th DCA· 1996-04-10 ·cited 62×
  A Burger King patron was raped by an intoxicated third party after the restaurant failed to eject him despite his prior sexual harassment of employees. The court held that Florida's comparative fault statute (section 768.81) does not apply to actions based on intentional torts, a
• Gibson v. United States
  781 F.2d 1334· 9th Cir.· 1986-01-30 ·cited 62×
  The court held that the statute of limitations for § 1983 claims should not be retroactively applied if it shortens the period, and that federal law, not state law, governs the accrual of civil conspiracy claims. The court also held that Bivens claims can be based on the First Am
• Strauss v. City OF Chicago
  760 F.2d 765· 7th Cir.· 1985-04-17 ·cited 62×
  A plaintiff must plead specific facts tending to support the existence of a municipal policy that caused the injury, and bare allegations of policy are insufficient to state a claim under 42 U.S.C. § 1983.
• Davidson v. O'Lone
  752 F.2d 817· 3d Cir.· 1984-12-27 ·cited 62×
  The New Jersey Tort Claims Act, which grants broad immunity to state agents, cannot shield them from liability under 42 U.S.C. § 1983 for violating the Fourteenth Amendment right to personal security. Involuntarily committed individuals retain a federally protected liberty intere
• Losch v. Borough OF Parkesburg
  736 F.2d 903· 3d Cir.· 1984-06-14 ·cited 62×
  The court held that a jury must decide whether police officers had probable cause to file criminal charges, and thus summary judgment for the officers on the plaintiff's § 1983 claim was inappropriate, but affirmed summary judgment for the municipality.
• Russel James Gaudet v. Exxon Corp.
  562 F.2d 351· 5th Cir.· 1977-11-04 ·cited 62×
  The court held that the Longshoremen's and Harbor Workers' Compensation Act (LHWCA) barred negligence suits against the employer when the injured employee was a 'borrowed employee' under the employer's control and exposed to risks inherent in that employment.
• United Mine Workers OF Am. & United Mine Workers of Am. v. Osborne Mining Co., Inc.
  279 F.2d 716· 6th Cir.· 1960-06-07 ·cited 62×
  The court held that the union's violent and coercive tactics constituted illegal secondary boycotts under the LMRA, and that the trial court's findings of fact and damage awards were supported by substantial evidence and not clearly erroneous.
• Saskatchewan Gov't Ins. Off. v. Spot Pack, Inc.
  242 F.2d 385· 5th Cir.· 1957-03-14 ·cited 62×
  The court held that the underwriter failed to prove the vessel's unseaworthiness caused the fire, and negligence of the master and crew is not imputed to the owner under a time hull policy absent owner privity or knowledge.
• United States v. Eleazer
  177 F.2d 914· 4th Cir.· 1949-11-07 ·cited 62×
  The United States is not liable under the Federal Tort Claims Act for injuries caused by a military officer driving his own vehicle on personal leave, as he was not acting within the scope of his employment.
• Walters v. City OF Ocean Springs & Kevin Alves
  626 F.2d 1317· 5th Cir.· 1980-10-03 ·cited 61×
  The court affirmed summary judgment for the defendants, finding no abuse of discretion in denying the plaintiff's discovery continuance motion and no genuine issue of material fact regarding the officer's qualified immunity or the city's policy for § 1983 claims.
• George's Radio, Inc. v. Cap. Transit Co.
  126 F.2d 219· D.C. Cir.· 1942-02-02 ·cited 61×