Respondeat Superior

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

• Morrash v. Strobel
  842 F.2d 64· 4th Cir.· 1987-10-06 ·cited 2×
  The court held that the City was not liable under 42 U.S.C. § 1983 as the Director of Public Safety was not a final policymaker, and that the officers' transfers did not violate their due process or freedom of association rights.
• Michalek v. Shumate
  511 So. 2d 377· Fla. 2d DCA· 1987-07-22 ·cited 2×
  Gerald Michalek appeals summary judgment dismissing his negligence claim against the Shumates, who owned a car struck by their employee while picking up the vehicle from a car cleaning service. The court affirmed, holding that the dangerous instrumentality doctrine does not apply
• Rheuport v. Ferguson
  819 F.2d 1459· 8th Cir.· 1987-05-28 ·cited 2×
  The court held that a new trial on damages is necessary due to the jury's general verdict being inconsistent with post-trial rulings eliminating some defendants' liability. The court also affirmed the dismissal of the federal due process claim.
• Quincy West v. Atkins
  815 F.2d 993· 4th Cir.· 1987-04-09 ·cited 2×
  A private physician under contract with a state prison to provide medical services does not act under color of state law when exercising independent professional judgment, even if the patient is a prisoner.
• O'Donnell v. Sheriff Pat Thomas
  814 F.2d 524· 8th Cir.· 1987-03-20 ·cited 2×
  The court held that the district court erred by failing to make specific factual findings on all material issues presented by the plaintiff's claims before dismissing the case under Rule 41(b).
• Larsen v. Empresas EL Yunque, Inc.
  812 F.2d 14· 1st Cir.· 1986-12-30 ·cited 2×
  The United States is not liable for torts committed by independent contractors operating on its property, due to sovereign immunity.
• Brown v. City of Clewiston
  644 F. Supp. 1407· S.D. Fla.· 1986-09-30 ·cited 2×
  The court granted summary judgment for the City, finding no genuine issue of material fact regarding the existence of an unconstitutional policy or custom that caused the plaintiff's injury, and that the state negligence claim was governed by state law, not city regulations.
• Gupton v. United States
  799 F.2d 941· 4th Cir.· 1986-09-04 ·cited 2×
  The United States is not liable under the Federal Tort Claims Act for injuries caused by Sergeant Jones' negligence because he was not acting within the scope of his employment at the time of the accident.
• Babcock v. Cont'l OIL Co.
  792 F.2d 1346· 5th Cir.· 1986-06-30 ·cited 2×
  The court held that the Rowan employees were entitled to indemnification under the Conoco-Directional contract and Exhibit H, but not under the Conoco-Rowan contract, affirming the district court's judgment.
• Riley v. Fred Owens Motors
  483 So. 2d 522· Fla. 5th DCA· 1986-02-20 ·cited 2×
  In a negligence action against Fred Owens Motors arising from a vehicle accident, the trial court granted summary judgment for the defendant and denied plaintiffs' motion to amend their complaint. The appellate court affirmed, holding that plaintiffs failed to present evidence be
• Georgia-Pacific Corp. v. Edmond Charles
  479 So. 2d 140· Fla. 5th DCA· 1985-10-31 ·cited 2×
  Georgia-Pacific appeals from a jury verdict finding it vicariously liable for injuries and death caused by a negligent truck driver. The Fifth District reverses, holding that the driver was an independent contractor, not an employee, and that Georgia-Pacific had no independent du
• E. Airlines, Inc. v. Ins. Co. OF N. Am.
  758 F.2d 132· 3d Cir.· 1985-03-29 ·cited 2×
  The court held that the indemnity provision was broad enough to cover Eastern's own negligence and that the 'sole negligence' exception did not apply when the injured employee was also contributorily negligent.
• Jaworski v. Dewoody & Hamner, P.A.
  448 So. 2d 3· Fla. 4th DCA· 1984-01-11 ·cited 2×
  The court held that the trial court erred by ordering a new trial on liability for libel, and the consequence of the fundamental error should be a new trial on damages only.
• Leon Cnty. Humane Soc'y, Inc. v. DeGROAT
  439 So. 2d 949· Fla. 1st DCA· 1983-10-13 ·cited 2×
  Punitive damages are not recoverable where the defendant's employee's conduct, though negligent, does not constitute willful, wanton, and reckless disregard of the plaintiff's safety; the trial court erred in submitting the punitive damages issue to the jury.
• Morgan v. Freeman
  715 F.2d 185· 5th Cir.· 1983-09-19 ·cited 2×
  The court held that Tavorn was an independent contractor, not an employee, under Texas law.
• Wilkins v. Whitaker
  714 F.2d 4· 4th Cir.· 1983-08-04 ·cited 2×
  A state official's random and unauthorized negligent or intentional act causing loss of property does not violate due process if the state provides a postdeprivation remedy.
• Garcia v. SAM Tanksley Trucking, Inc.
  708 F.2d 519· 10th Cir.· 1983-05-26 ·cited 2×
  The court held that the jury could reasonably find the employee's actions were within the scope of employment, and that improper closing arguments were not prejudicial enough to warrant a new trial.
• Bates v. United States
  701 F.2d 737· 8th Cir.· 1983-03-08 ·cited 2×
  The United States is not liable under the Federal Tort Claims Act for the actions of a military policeman who committed murder and rape, as his actions were not within the scope of his employment under Missouri law.
• McCUTCHEN v. Highlands Ins. Co.
  424 So. 2d 26· Fla. 3d DCA· 1982-11-16 ·cited 2×
  The court affirmed summary judgment for the insurer, holding that an insurer is not obligated to pay punitive damages assessed against an insured, even if the insured's liability is vicarious, due to public policy against insuring against one's own misconduct.
• Rory W. White v. Carroll W. Hardy
  678 F.2d 485· 4th Cir.· 1982-05-13 ·cited 2×
  The court held that the United States is not liable under the Federal Tort Claims Act if the employee was acting outside the scope of employment.
• Vandeventer v. Four Corners Elec. Co., Inc.
  663 F.2d 1016· 10th Cir.· 1981-11-04 ·cited 2×
  The court held that Colorado's borrowing statute, when applied with Colorado's choice of law principles, requires application of New Mexico's statute of limitations.
• RAM Petroleums, Inc. v. Andrus
  658 F.2d 1349· 9th Cir.· 1981-10-13 ·cited 2×
  The court held that the district court erred in reversing the Board of Land Appeals' decision, finding that the Board did not abuse its discretion in denying reinstatement of the oil and gas leases.
• Sharp v. Egler
  658 F.2d 480· 7th Cir.· 1981-08-25 ·cited 2×
  The court held that Indiana law applies, and while the dealership is not liable under respondeat superior, the plaintiff presented sufficient evidence of the driver's wanton or wilful misconduct to proceed under Indiana's guest statute.
• Brown v. Associated DRY Goods, Inc.
  656 F.2d 306· 8th Cir.· 1981-08-10 ·cited 2×
  The court held that the employer is liable under respondeat superior for the intentional tort of its employee because the employee's actions, though violent, were not so outrageous as to be outside the scope of employment.
• Gifford Petersen v. K-Mart Corp.
  402 So. 2d 1215· Fla. 5th DCA· 1981-07-22 ·cited 2×
  The court affirmed the trial court's order for a new trial on punitive damages, holding that under Mercury Motors Express, Inc. v. Smith, an employer is not vicariously liable for punitive damages unless there is proof of fault on the employer's part that foreseeably contributed
• Burton v. State OF Miss.
  650 F.2d 91· 5th Cir.· 1981-07-07 ·cited 2×
  The court held that even if Rule 60(b) relief were available, it would be inappropriate to revive the prior judgment due to the passage of time and the fact that the original trial was not significantly impacted by the overruled precedent.
• Sandlin v. Johnson
  643 F.2d 1027· 4th Cir.· 1981-03-11 ·cited 2×
  The court held that classifying students by reading level is rationally related to a permissible governmental end and that ordinary state tort claims are not cognizable under 42 U.S.C. § 1983.
• Vigilant Ins. Co. v. Reiser
  391 So. 2d 706· Fla. 1st DCA· 1980-12-11 ·cited 2×
  Vigilant Insurance Company and Child Guidance Clinic appeal a judgment holding them jointly and severally liable for the full amount of damages awarded to a psychiatric patient who was negligently treated by Dr. Reginald Berry during a period when he was employed by the clinic an
• Eleanore M. Raymond v. I/S Caribia
  626 F.2d 203· 1st Cir.· 1980-07-24 ·cited 2×
  The court's treatment of the borrowed servant aspect of the appeal was oversimplified.
• Mariano Pasqua, Jr. v. Burns
  383 So. 2d 261· Fla. 3d DCA· 1980-04-29 ·cited 2×
• Local NO. 1903 OF the Int'l Union v. Bear Archery
  617 F.2d 157· 6th Cir.· 1980-03-06 ·cited 2×
  A local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents; liability attaches when execution of a government's policy or custom causes the injury.
• Wright v. S. Bell Tel. Co.
  605 F.2d 156· 5th Cir.· 1979-10-22 ·cited 2×
  A telephone company cannot be held liable under respondeat superior for the death of a homeowner who was assisting the company's employee, because the employee acted outside the scope of her employment when requesting the assistance.
• Dominguez v. Beame
  603 F.2d 337· 2d Cir.· 1979-06-28 ·cited 2×
  The court held that the trial court erred in dismissing the complaint against the arresting officers because the officers' belief that the arrest was supported by probable cause was not objectively reasonable.
• Pocahontas Fuel Co. v. Andrus
  590 F.2d 95· 4th Cir.· 1979-01-08 ·cited 2×
  The court held that the operator was properly charged with the knowledge of its preshift examiner, leading to a finding of unwarranted failure to comply with safety standards.
• Clayton v. City OF Cape Canaveral
  354 So. 2d 147· Fla. 4th DCA· 1978-01-31 ·cited 2×
  The Florida District Court of Appeal reversed its prior decision and held that municipalities are liable for malicious prosecution under the doctrine of respondeat superior when such intentional torts are committed by employees acting within the scope of their employment and agai
• Sands v. Union Camp Corp.
  559 F.2d 1345· 5th Cir.· 1977-09-30 ·cited 2×
  The court held that an employee's injuries from an assault by a supervisor, arising out of and in the course of employment, are exclusively covered by the Georgia Workmen's Compensation Act, barring a common law action against the employer.
• Garrett Freightlines, Inc. v. United States
  529 F.2d 26· 9th Cir.· 1976-01-30 ·cited 2×
  The court held that a soldier traveling between permanent duty stations is not acting within the scope of his employment under the Federal Tort Claims Act, even if granted travel time and pay.
• City OF Miami Springs v. Carr
  319 So. 2d 184· Fla. 3d DCA· 1975-09-02 ·cited 2×
  Larry Brannon Carr sued the City of Miami Springs and several officials, as well as Tilton Chester and his wife, for malicious prosecution, negligence, conspiracy, and abuse of process arising from an arrest warrant for dog ownership. The jury returned verdicts for Carr totaling
• Wilford H. Warren and Lorette Warren v. Armour & Co.
  291 So. 2d 52· Fla. 1st DCA· 1974-02-26 ·cited 2×
  Appellants Warren appealed a summary judgment in favor of Armour and Company, arguing that an Armour employee (McKinney) was engaged in his employer's business when he caused an automobile accident injuring Warren. The court affirmed, holding that McKinney's personal weekend fish
• Garner v. Saunders
  281 So. 2d 392· Fla. 2d DCA· 1973-08-08 ·cited 2×
  The Garners sued Officer Saunders and the City of Tampa after Saunders shot Howard Garner at a bar while Saunders was off-duty. The court reversed the trial judge's summary judgment ruling, finding that whether Saunders was acting within the scope of employment was a jury questio
• DOW Chem. Co. v. Int'l Union OF Elec., Radio & Mach. Workers, AFL-CIO
  480 F.2d 433· 5th Cir.· 1973-06-12 ·cited 2×
  The court held that the union was liable for damages from an illegal work stoppage and strike, but the International Union was not liable for punitive damages absent clear proof of its authorization or ratification of tortious acts under the Norris-LaGuardia Act.
• Russell v. United States
  465 F.2d 1261· 6th Cir.· 1972-09-01 ·cited 2×
  The court held that recent Kentucky case law has broadened the interpretation of respondeat superior, potentially bringing the nurse's actions within the scope of employment.
• Pickering v. Daniel J. Keating Co.
  460 F.2d 820· 3d Cir.· 1972-05-05 ·cited 2×
  The court held that the trial court's jury instructions on respondeat superior were proper and that the jury's verdict was consistent with the evidence and instructions.
• Jones v. Sears
  459 F.2d 584· 6th Cir.· 1972-04-28 ·cited 2×
  A corporation can be held liable for slander uttered by its employees acting within the scope of their employment, even if company policy attempts to restrict such actions. A statute limiting damages for suspected theft does not apply when the customer has paid for the item and r
• Littleton v. Lino Mardigan
  458 F.2d 251· 7th Cir.· 1972-03-30 ·cited 2×
  The court held that the determination of who was the employer of a borrowed servant can be a question of law for the court when the facts are undisputed.
• Baker v. Washington
  448 F.2d 1200· D.C. Cir.· 1971-08-11 ·cited 2×
  The District of Columbia is not immune from suit for intentional torts committed by its agents in the discharge of non-discretionary responsibilities.
• Thompson v. Haynes
  249 So. 2d 69· Fla. 1st DCA· 1971-06-10 ·cited 2×
  Thompson sued both the operator and owner of a vehicle that struck his car. After obtaining judgment against the operator (Deloris Haynes) for $89,750, he then sued the owner (M. J. Haynes), who was the operator's husband and co-owner. The court held Thompson was barred by res ju
• Preferred Ins. Exch. v. Coshow
  444 F.2d 362· 9th Cir.· 1971-06-08 ·cited 2×
  The court held that an attorney's failure to raise a complex policy interpretation argument in the trial court, despite having notice of it, precludes appellate review of that issue.
• Purcell v. Kapelski
  444 F.2d 380· 3d Cir.· 1971-05-24 ·cited 2×
  The court held that Pennsylvania law, which prohibits a spouse from suing the other for negligence, should govern the case, not New Jersey law.
• Berrettoni v. United States
  436 F.2d 1372· 9th Cir.· 1970-12-23 ·cited 2×
  The court held that the airman was acting within the scope of his employment when the accident occurred, making the United States liable under the FTCA.