Respondeat Superior

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

• Stewart v. Steamer Blue Trader
  428 F.2d 361· 1st Cir.· 1970-06-25 ·cited 2×
  A plaintiff who is a mere licensee aboard a vessel cannot recover in rem for injuries resulting from an assault by a crew member.
• Hundley v. Magnum Marine Div. OF Am. Photocopy Equip. Co.
  235 So. 2d 367· Fla. 3d DCA· 1970-05-12 ·cited 2×
• Standard OIL Co. OF Ky. v. Ill. Cent. R.R. Co. (Plaintiff & Counter-Defendant)
  421 F.2d 201· 5th Cir.· 1969-12-22 ·cited 2×
  The court held that the trial court correctly applied Mississippi's contribution statute, treating parties equally for third-party claims, and that a settlement did not preclude IC's property damage claim.
• Guido v. City OF Schenectady
  404 F.2d 728· 2d Cir.· 1968-11-25 ·cited 2×
  The court held that the defendant police officials and employers should not be subjected to civil liability for using wiretap evidence in 1958, given the controlling law at that time.
• Dist. OF Columbia v. Shirley A. Thomas as the Administratrix of the Estate of Donald B. Thomas
  401 F.2d 430· D.C. Cir.· 1968-08-23 ·cited 2×
  The court held that the District of Columbia could not be held liable for the deaths and injuries resulting from the swimming pool accident because it lacked actual control or responsibility over the pool's operation and maintenance at the time of the incident.
• Weaver v. Stone
  212 So. 2d 80· Fla. 4th DCA· 1968-06-25 ·cited 2×
  Payment of a judgment into the court registry pursuant to F.S. § 55.62 constitutes full satisfaction of that judgment without requiring the plaintiff's consent, and satisfaction of a judgment against one of several jointly and severally liable tortfeasors discharges the liability
• Valdez v. State Rd. Dep't
  189 So. 2d 823· Fla. 2d DCA· 1966-09-09 ·cited 2×
  A prisoner cannot maintain a tort action against the State of Florida for injuries caused by a state-owned motor vehicle, even if insured, in the absence of a specific statute authorizing such a suit.
• Alred v. Jones
  189 So. 2d 226· Fla. 2d DCA· 1966-08-03 ·cited 2×
  In this wrongful death case, the appellate court affirmed a summary judgment dismissing plaintiffs' negligence claims against an employer corporation when an employee used the employer's truck without permission for personal purposes, resulting in a fatal accident. The court held
• Rich v. Atl. Coast Line R.R. Co.
  183 So. 2d 692· Fla. 3d DCA· 1966-02-22 ·cited 2×
  In this appeal of a negligence action against a railroad company, the court affirms a directed verdict for the defendant on the issue of whether the railroad was liable for the alleged malpractice of doctors who treated the plaintiff. The court held that under established Florida
• Markiewicz v. The Greyhound Corp.
  358 F.2d 26· 7th Cir.· 1966-01-11 ·cited 2×
  The dissenting opinion argues that the tractor-trailer's speed was not the proximate cause of the collision and that the bus driver's failure to keep a proper lookout was the sole cause.
• Hopson v. Texaco, Inc.
  351 F.2d 415· 4th Cir.· 1965-09-15 ·cited 2×
  The court held that the transportation of ill seamen to a consul for discharge and repatriation constituted an "operational activity" under the FELA, making the shipowner liable for the negligence of the taxicab driver acting as its agent.
• Mooney v. Stainless, Inc.
  338 F.2d 127· 6th Cir.· 1964-07-13 ·cited 2×
  The court held that the plaintiff's acceptance of workmen's compensation benefits barred her claim under the respondeat superior theory, and that there was insufficient evidence to support the negligent hiring theory. Therefore, the trial court erred in submitting both theories t
• Mrs. Lillian M. Skelton v. W. T. Grant Co.
  331 F.2d 593· 5th Cir.· 1964-04-14 ·cited 2×
  The court held that the Georgia Workmen's Compensation Act does not bar an employee's common law action for false arrest and illegal restraint if the alleged injury was not an 'accident arising out of and in the course of employment.'
• Gay Marcum v. United States
  324 F.2d 787· 6th Cir.· 1963-11-26 ·cited 2×
  The court held that the district court's findings of fact were not clearly erroneous and its conclusions of law were correct under Kentucky law, affirming the judgment.
• City OF Miami Beach v. NYE
  156 So. 2d 205· Fla. 3d DCA· 1963-09-17 ·cited 2×
  The appellate court affirmed a jury verdict awarding damages to a plaintiff who alleged assault, battery, and false imprisonment by city police officers. The court held the city liable under respondeat superior, rejecting the city's argument that it was not liable for intentional
• Yandle v. Hardware Mut. Ins. Co.
  314 F.2d 435· 9th Cir.· 1963-03-11 ·cited 2×
  The court held that repairing a trailer axle does not constitute 'use' of the vehicle under the insurance policies, nor does it make the repairer 'legally responsible for the use' of the vehicle.
• Willa Dean Whetstone v. The Orion Ins. Co.
  302 F.2d 15· 10th Cir.· 1962-03-20 ·cited 2×
  The court held that the employee's use of the company car, even for personal travel, was sufficiently connected to the employer's operations to be covered by the insurance policy's endorsement.
• Holloway Concrete Prods. Co., Inc. v. Beltz-Beatty, Inc.
  293 F.2d 474· 5th Cir.· 1961-08-03 ·cited 2×
  The court held that the trial court's findings of fact were unsupported by the evidence and that the concept of unseaworthiness was irrelevant to the property damage claims, requiring reversal and remand.
• Shepherd v. Hous. Auth. of Jacksonville
  18 Fla. Supp. 93· Duval Cty. Cir. Ct.· 1961-07-26 ·cited 2×
  A child died after coming into contact with phosphorous paste placed on the premises of a public housing project by a private exterminator. The housing authority tenant sued the Housing Authority of Jacksonville for wrongful death, alleging negligence in failing to prevent access
• Simpson v. Will L. Townsley
  283 F.2d 743· 10th Cir.· 1960-10-28 ·cited 2×
  A covenant not to sue, coupled with a hold harmless agreement that protects the employee from indirect liability to their employer, constitutes a complete exoneration of the employee, thereby removing the foundation for imputing negligence to the employer under the doctrine of re
• Ellis v. Dannen Grain & Milling Co., Inc.
  275 F.2d 352· 7th Cir.· 1960-03-03 ·cited 2×
  There was sufficient evidence for the jury to find that Powell, an employee of Shreeves, was loaned to the defendant to make the trip for repair parts, thus becoming the defendant's servant for that purpose.
• Peoples Supply, Inc. v. Vogel-Ritt OF Penn-Mar-Va., Inc.
  273 F.2d 933· 4th Cir.· 1960-01-04 ·cited 2×
  The court held that the loaned employees of the mill became employees of the exterminator for the purpose of the fumigation work because the exterminator had the right to control and direct their conduct during that task.
• Gulick v. Whitaker
  102 So. 2d 847· Fla. 2d DCA· 1958-05-21 ·cited 2×
  The appellate court affirmed the trial court's judgment, holding that the lower court correctly instructed the jury that a plaintiff-owner-wife's negligence could be imputed to her if her husband, driving her car, was contributorily negligent.
• Standard OIL Co. v. Ogden & Moffett Co.
  242 F.2d 287· 6th Cir.· 1957-03-20 ·cited 2×
  The court held that the contract's indemnity clause requiring division of damages in cases of joint negligence applied, and that Nesbitt remained the carrier's employee, not Standard's loaned employee.
• Harris v. Gulf Ref. Co. & J. J. Bordelon
  240 F.2d 249· 5th Cir.· 1957-01-16 ·cited 2×
  The court held that the trial court erred in directing a verdict for the defendants based on assumption of risk, as Mississippi law reserves negligence and contributory negligence questions for the jury.
• United States v. Alexander
  234 F.2d 861· 4th Cir.· 1956-06-05 ·cited 2×
  The United States is not liable under the Federal Tort Claims Act for injuries sustained by a passenger on an unauthorized flight of a military aircraft, even if the pilot was negligent, as the pilot acted outside the scope of his employment and Indiana law does not impose liabil
• Kiamichie Church & Janella Church v. Windrop Ingersoll and Frances W. Ingersoll
  234 F.2d 176· 10th Cir.· 1956-05-22 ·cited 2×
  The court held that the employee was not acting within the scope of his employment when the accident occurred, even though he was performing a task on a Sunday.
• Collie E. Sapp v. United States
  227 F.2d 280· 5th Cir.· 1955-11-18 ·cited 2×
  The government is not liable under the Federal Tort Claims Act for the negligence of a prisoner driving a vehicle while in custody, absent proof of the custodian's own negligence.
• Capitol Chevrolet Co. v. Lawrence Warehouse Co.
  227 F.2d 169· 9th Cir.· 1955-11-01 ·cited 2×
  A party guilty of a tort cannot recover contribution or indemnity from a joint tortfeasor.
• Sante de Michiel v. Gen. Crushed Stone Co. & Veterans Quarry & Supply Co., Inc.
  218 F.2d 186· 3d Cir.· 1954-12-16 ·cited 2×
  The court held that a truck owner/operator who was not an employee or agent of the stone supplier, but rather an independent contractor, could be held liable for negligence, while the supplier was not liable under respondeat superior. The court also held that the injured party wa
• Boise Payette Lumber Co. v. Larsen
  214 F.2d 373· 9th Cir.· 1954-06-18 ·cited 2×
  The court held that the jury could reasonably find the employer liable for the salesman's use of his personal plane, that the issue of who was flying the plane was for the jury, and that the damages awarded were not excessive.
• Long v. City of Winter Park
  70 So. 2d 576· Fla.· 1954-02-26 ·cited 2×
  The court reversed a directed verdict for the defendant city, finding that the plaintiff presented enough evidence to allow a jury to decide if the driver was contributorily negligent and if the city had notice of the dangerous manhole.
• Gordon v. United States
  203 F.2d 248· 10th Cir.· 1953-02-28 ·cited 2×
  The court held that the trial court erred in instructing the jury that partners could be held criminally liable for their employees' violations of a statute without proof of the partners' actual participation or guilty knowledge.
• Cap. Transp. Co. v. Armour & Co.
  200 F.2d 722· 8th Cir.· 1952-12-23 ·cited 2×
  The court held that the trial court correctly directed a verdict for the defendant because the employee was not acting within the scope of his employment at the time of the accident.
• Johnson v. MacIas
  193 F.2d 475· 5th Cir.· 1952-01-11 ·cited 2×
  The court held that the trial court's jury charge regarding proximate cause was adequate and that the plaintiff was an implied invitee to whom the defendants owed a duty of reasonable care.
• Porto RICO GAS & Coke Co. v. Frank Rullan & Assocs., Inc.
  189 F.2d 397· 1st Cir.· 1951-05-14 ·cited 2×
  The court held that the Federal Tort Claims Act applies even when a contractual relationship exists, and that the Puerto Rican Civil Code provisions regarding employer liability and the defense of due diligence are substantive law. The court also affirmed that acceptance of work
• Albany INS. Co. v. Holberg
  166 F.2d 311· 8th Cir.· 1948-03-01 ·cited 2×
  The court held that an erroneous jury instruction regarding the defendant Nelson's employment status prejudiced the plaintiffs' case against him, requiring a new trial. However, the judgment in favor of defendant Holberg was affirmed.
• Stanolind OIL & GAS Co. v. Trosclair
  166 F.2d 229· 5th Cir.· 1948-02-18 ·cited 2×
  The court held that where a garage customarily provides pick-up and delivery service for car servicing, this custom becomes part of the service, making the garage an independent contractor for such transport, not an agent of the car owner.
• Pittsburgh S. S. Co. v. Scott
  159 F.2d 373· 6th Cir.· 1947-02-03 ·cited 2×
  The court held that the shipowner is liable for the chief cook's assault on a seaman if the assault occurred within the scope of the cook's employment and was intended to further the employer's business, even if the act was excessive.
• Sugg v. Hendrix
  153 F.2d 240· 5th Cir.· 1946-02-01 ·cited 2×
• Behaney v. Travelers Ins. Co.
  121 F.2d 838· 3d Cir.· 1941-06-30 ·cited 2×
  The court held that the New Jersey Financial Responsibility Act's 'omnibus clause' overrides policy exclusions and extends coverage to permissive users, even if deviating from the scope of employment, but liability is limited by the Act's financial responsibility limits.
• Merritt v. Knowles
  2021 WL 3857560· M.D. Fla.· 2025-07-16 ·cited 1×
  The court held that the plaintiff's complaint was an impermissible shotgun pleading and that her state tort claims and federal due process claims were time-barred by Florida's statutes of limitations.
• Hicks v. Middleton
  141 F.4th 1174· 11th Cir.· 2025-06-18 ·cited 1×
  The court held that genuine issues of material fact exist regarding whether the employee was acting within the scope of his employment when the collision occurred, precluding summary judgment.
• Gabor v. Remington Lodging & Hospitality, LLC
  413 So. 3d 261· Fla. 5th DCA· 2025-05-30 ·cited 1×
  An employer cannot be held liable for negligent training or negligent supervision of its employees when those employees' actions were performed within the scope of employment. Additionally, when an employee is found not negligent, the employer cannot be vicariously liable for tha
• Cook v. Dunn
  2017 WL 1730971· M.D. Fla.· 2022-10-24 ·cited 1×
  The court held that genuine issues of material fact preclude summary judgment on claims of unlawful seizure and excessive force against Officer Dunn, and failure to intervene against Officer Bell, but granted summary judgment for supervisory and municipal liability claims.
• Holliday v. Inch
  2012 WL 1790319· N.D. Fla.· 2021-10-12 ·cited 1×
  The court held that the plaintiff's third amended complaint must be dismissed because it is subject to dismissal as malicious and abusive of the judicial process, and alternatively, for failure to state a claim on which relief may be granted.
• Clemens v. Peter Namnum, M.D.
  233 So. 3d 1146· Fla. 4th DCA· 2017-12-13 ·cited 1×
  A medical malpractice plaintiff's estate appealed the trial court's denial of leave to amend responses to requests for admissions and entry of summary judgment against her. The appellate court reversed, holding that the trial court abused its discretion by denying the amendment m
• Tello v. Royal Caribbean Cruises, Ltd.
  1990 WL 255591· S.D. Fla.· 2013-03-30 ·cited 1×
  The court held that the plaintiff adequately pleaded a negligence claim and a claim for respondeat superior/agency liability, but failed to adequately plead claims for negligent hiring, retention, training, supervision, negligent infliction of emotional distress, and intentional
• Christie ex rel. Estate of Christie v. Scott
  30 Wage & Hour Cas. (BNA) 300· M.D. Fla.· 2013-01-09 ·cited 1×
  The court held that claims of deliberate indifference against three PHS nurses survive summary judgment, and the failure-to-train claim against PHS also survives. Claims against other PHS defendants and most claims against the Sheriff were dismissed.
• Allan v. Graf
  43 So. 3d 151· Fla. 4th DCA· 2010-09-01 ·cited 1×
  An employer cannot be held vicariously liable for an employee's negligence in mishandling the keys to his own car, which leads to its theft and injury to a third party.