Respondeat Superior

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

• Gc v. Sch. Bd. of Seminole Cnty.
  639 F. Supp. 2d 1295· M.D. Fla.· 2009-06-10 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence of a constitutional violation to survive summary judgment on his § 1983 claims against both the individual teacher and the school board.
• Est. of Miller Ex Rel. Miller v. Thrifty Rent-A-Car Sys., Inc.
  637 F. Supp. 2d 1029· M.D. Fla.· 2009-06-02 ·cited 1×
  The court held that summary judgment was appropriate because the plaintiffs failed to establish an agency relationship between the franchisor (Thrifty) and the franchisee (SAFY) under Florida law, as the evidence did not show Thrifty substantially controlled SAFY's operations bey
• Keating v. City of Miami
  598 F. Supp. 2d 1315· S.D. Fla.· 2009-01-20 ·cited 1×
  The court held that plaintiffs sufficiently alleged Monell claims against municipalities and Fourth Amendment seizure claims based on police 'herding' tactics.
• Rauen v. City of Miami
  613 F. Supp. 2d 1324· S.D. Fla.· 2007-09-17 ·cited 1×
  The court held that genuine issues of material fact exist regarding First Amendment claims, precluding summary judgment, but granted summary judgment on Fourth Amendment claims because the plaintiffs were not 'herded' as alleged.
• WAX v. Tenet Health Sys. Hosps., Inc.
  955 So. 2d 1· Fla. 4th DCA· 2007-03-07 ·cited 1×
  In this wrongful death medical malpractice case, the trial court excluded expert testimony regarding vagus nerve stimulation and resuscitation efforts, finding the testimony outside the scope of pretrial expert designations or cumulative. The Fourth District Court of Appeal rever
• Bravo v. United States
  403 F. Supp. 2d 1182· S.D. Fla.· 2005-11-30 ·cited 1×
  The court held that the United States was liable under the FTCA for the negligence of its employees and Dr. Kushner, finding that Dr. Kushner was an employee for FTCA purposes and that his negligence, along with that of military personnel, caused the infant's injuries.
• Davidson v. City of Jacksonville
  359 F. Supp. 2d 1291· M.D. Fla.· 2005-02-16 ·cited 1×
  The court held that the plaintiffs failed to establish a constitutional violation under Section 1983, and therefore, qualified immunity applied to the individual defendants, and the City was not liable for municipal claims. The court also declined to exercise supplemental jurisdi
• Mercado v. City of Orlando
  323 F. Supp. 2d 1266· M.D. Fla.· 2004-06-24 ·cited 1×
  The court held that officers are entitled to qualified immunity for using force to prevent a suicide attempt, as the law was not clearly established, and that the city is not liable for negligent training due to sovereign immunity.
• Rhodes-Courter Ex Rel. Courter v. Thompson
  252 F. Supp. 2d 1359· M.D. Fla.· 2003-03-20 ·cited 1×
  The court held that the plaintiff adequately pled Section 1983 claims against the defendants, and the defendants were not entitled to qualified immunity.
• Red-Eyed Jack, Inc. v. City of Daytona Beach
  165 F. Supp. 2d 1322· M.D. Fla.· 2001-07-25 ·cited 1×
  A municipal zoning code that fails to provide procedural safeguards for timely decisions and prompt judicial review of applications for adult theaters constitutes an unconstitutional prior restraint on First Amendment rights.
• Gainer v. City of Winter Haven
  134 F. Supp. 2d 1295· M.D. Fla.· 2000-11-08 ·cited 1×
  The court dismissed the procedural due process claim for lack of jurisdiction and failure to state a claim, finding Florida's certiorari review adequate. The First Amendment claim was dismissed because the recommending official lacked final policymaking authority and there was no
• Lewis v. City of St. Petersburg
  98 F. Supp. 2d 1344· M.D. Fla.· 2000-05-03 ·cited 1×
  The court held that claims for negligent use of excessive force and negligent decision to use a firearm are dismissed because such actions are intentional torts or discretionary functions protected by immunity, and that the claim for negligent training is also dismissed due to th
• MacTown, Inc. v. Cont'l Ins. Co.
  716 So. 2d 289· Fla. 3d DCA· 1998-07-15 ·cited 1×
  Mactown, Inc. sought declaratory judgment against its two insurers, Continental Insurance and Monticello Insurance, regarding their duty to defend against a workplace battery and negligent retention lawsuit brought by employee Desrouleaux against Mactown and her supervisor Scott.
• Bernard v. Calejo
  17 F. Supp. 2d 1311· S.D. Fla.· 1998-04-17 ·cited 1×
  The court held that federal civil rights claims (Counts I-III) are dismissed due to sovereign immunity and lack of personal involvement, but tort claims under the FTCA (Count IV) are not barred for failure to state a 'sum certain' because the government was adequately notified.
• Sullivan v. Lake Region Yacht & Country Club, Inc.
  996 F. Supp. 1463· M.D. Fla.· 1998-03-18 ·cited 1×
  The court held that the plaintiff failed to establish a prima facie case for quid pro quo sexual harassment and that the employer lacked sufficient notice of the hostile work environment to be held directly liable.
• Joseph v. Publix Super Mkts., Inc.
  983 F. Supp. 1431· S.D. Fla.· 1997-08-29 ·cited 1×
  The court held that the plaintiff failed to establish a prima facie case for constructive discharge and hostile work environment claims, as she did not resign and the employer could not be held liable under respondeat superior or direct liability theories.
• Chancey v. Sw. Fla. Water Mgmt. Dist.
  965 F. Supp. 36· M.D. Fla.· 1997-04-24 ·cited 1×
  The court held that genuine issues of material fact remained regarding hostile work environment, constructive discharge, and equal pay claims, precluding summary judgment.
• Grosso v. Am. Tel. & Tel. Co.
  691 So. 2d 604· Fla. 4th DCA· 1997-04-16 ·cited 1×
  The court affirmed summary judgment for AT&T but reversed the denial of leave to amend, allowing plaintiffs to replead their third-party beneficiary, respondeat superior, and negligence claims based on facts revealed in discovery.
• Feifer v. Galen OF Fla., Inc.
  685 So. 2d 882· Fla. 2d DCA· 1996-11-08 ·cited 1×
  The court reversed the dismissal of a negligence action against a hospital, holding that plaintiffs can pursue claims of ordinary negligence (premises liability) against a healthcare provider without complying with the statutory notice and pre-suit requirements applicable to medi
• Mitchell v. Lealman Volunteer Fire Co.
  124 F. Supp. 192· M.D. Fla.· 1996-09-30 ·cited 1×
  The court held that plaintiffs failed to establish a property interest in continued employment and that Lealman was qualifiedly immune from their claims, and that the county was not vicariously liable.
• Hammer v. Hillsborough Cnty.
  927 F. Supp. 1540· M.D. Fla.· 1996-06-13 ·cited 1×
  The court held that the County had sufficient identity of interest with the Commission to satisfy Title VII's notice requirements for subject matter jurisdiction, and that the Commission could be considered an agent of the County for purposes of liability. However, the court foun
• Fernandez v. Cmty. Asphalt, Inc.
  934 F. Supp. 418· S.D. Fla.· 1996-05-24 ·cited 1×
  The court held that individual defendants cannot be held liable under federal anti-discrimination statutes or Florida's anti-discrimination statute, and that the plaintiff's claims for negligent and intentional infliction of emotional distress did not meet the required legal stan
• Holiday Carpet Serv., Inc. v. Aleatha Butler
  669 So. 2d 302· Fla. 3d DCA· 1996-02-21 ·cited 1×
• Bland v. Madison Cnty.
  895 F. Supp. 1515· N.D. Fla.· 1995-04-19 ·cited 1×
  The court granted summary judgment for the County on the substantive due process and First Amendment claims, and dismissed the procedural due process claim voluntarily. The court found that the plaintiff failed to establish a genuine issue of material fact regarding her constitut
• Smith v. Avino
  866 F. Supp. 1399· S.D. Fla.· 1994-10-20 ·cited 1×
  The court held that the county manager had final policy-making authority, making the county potentially liable under § 1983, and that the curfew was not unconstitutionally overbroad or vague.
• Hodges v. Gellerstedt
  833 F. Supp. 898· M.D. Fla.· 1993-10-14 ·cited 1×
  The court held that the plaintiff's complaint sufficiently alleged claims for quid pro quo and hostile work environment sexual harassment under Title VII, and therefore denied the defendants' motion to dismiss and motion for a more definite statement.
• Holloway v. United States
  829 F. Supp. 1327· M.D. Fla.· 1993-09-09 ·cited 1×
  The United States is not liable for the death caused by a Naval Reserve officer while traveling home from inactive duty training, as he was not acting within the scope of his employment.
• Colvin v. Curtis
  860 F. Supp. 1503· M.D. Fla.· 1993-07-30 ·cited 1×
  The court denied defendants' motion for judgment as a matter of law regarding the 42 U.S.C. § 1983 claim and punitive damages against the Sheriff, but granted the motion in part regarding the battery claim's jury instructions. The court also referred attorney's fees to a magistra
• Boutros v. Canton Reg'l Transit Auth.
  997 F.2d 198· 6th Cir.· 1993-06-30 ·cited 1×
  National origin harassment alone is not actionable under 42 U.S.C. § 1983; such harassment must rise to the level of a hostile work environment to be actionable.
• Charles v. Abate, Jr.
  993 F.2d 107· 5th Cir.· 1993-06-15 ·cited 1×
  The court held that a railroad acting as a federal agent is not liable under Bivens for alleged constitutional violations by its employees if the employees' actions were contrary to the railroad's established policy and not a result of custom or policy. The court affirmed summary
• GAN v. The City OF NEW York
  996 F.2d 522· 2d Cir.· 1993-06-01 ·cited 1×
  The court held that Assistant District Attorney Rettler was entitled to absolute immunity for decisions regarding prosecution and qualified immunity for investigative actions, and that claims against District Attorney Morgenthau were properly dismissed.
• Overseas Private Inv. Corp. v. Metro. Dade Cnty.
  1993 U.S. Dist. LEXIS 9823· S.D. Fla.· 1993-05-27 ·cited 1×
  The court denied Dade County's motions for judgment notwithstanding the verdict and for a new trial, finding sufficient evidence supported the jury's verdict and damages award.
• Jackson v. Kimel
  992 F.2d 1318· 4th Cir.· 1993-04-30 ·cited 1×
  The court held that a state-law tort claim against a fellow employee, even if removed, is not preempted by § 301 of the Labor Management Relations Act if the employee is not a signatory to the collective bargaining agreement.
• Fierro v. The Crom Corp.
  617 So. 2d 379· Fla. 2d DCA· 1993-04-16 ·cited 1×
  Employer is not vicariously liable for employee's negligence in a motor vehicle accident involving a third party when the employee was voluntarily transporting coworkers in a private vehicle between work and temporary housing, as the traveling employee exception applies only in w
• Wilson v. United States
  989 F.2d 953· 8th Cir.· 1993-03-29 ·cited 1×
  The court held that the United States was immune under the Missouri Recreational Land Use Statute and that the Boy Scouts of America was not vicariously liable for the actions of volunteer leaders due to a lack of control.
• Gillette v. Delmore
  979 F.2d 1342· 9th Cir.· 1992-11-10 ·cited 1×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a subordinate's discretionary constitutional violation simply because a policymaker failed to overrule it. Such inaction does not constitute ratification or establish a policy or custom.
• Perron v. Bell Maint. & Fabricators, Inc.
  970 F.2d 1409· 5th Cir.· 1992-08-21 ·cited 1×
  The Longshore and Harbor Workers' Compensation Act's (LHWCA) bar to suits against co-employees in the same employ also extends to the employer of the negligent co-employee under a theory of respondeat superior.
• Hogle v. Lowe's OF Fla., Inc.
  591 So. 2d 1095· Fla. 1st DCA· 1992-01-02 ·cited 1×
  A Florida appellate court reversed a directed verdict for a store in a negligence case involving a customer injured by a carpet cutting tool left in an aisle. The court found the trial judge abused its discretion by refusing to allow the plaintiff to recall and further question t
• Dees v. City of Miami
  747 F. Supp. 679· S.D. Fla.· 1990-09-12 ·cited 1×
  Summary judgment is granted for defendants because reasonable officers could have believed probable cause existed for the arrest and prosecution, and supervisory defendants did not directly cause the constitutional deprivation.
• Wyerick v. Bayou Steel Corp.
  887 F.2d 1271· 5th Cir.· 1989-11-09 ·cited 1×
  The court held that disputed issues of material fact exist regarding whether the sexual harassment was unwelcome and sufficiently pervasive to create a hostile work environment.
• Jerri Taletha Holman v. Mark N. Goldschmidt, M.D.
  550 So. 2d 499· Fla. 1st DCA· 1989-10-11 ·cited 1×
  In this medical malpractice case, the Florida District Court of Appeal reversed and remanded a jury verdict for a pediatrician, holding that the trial court erred in refusing to allow the jury to consider whether the physician was liable for the negligent acts of a covering physi
• Johnson v. Wash. Metro. Area Transit Auth.
  883 F.2d 125· D.C. Cir.· 1989-08-22 ·cited 1×
  The court held that the district court erred in discrediting witness testimony regarding the time available to stop the train, thus improperly granting summary judgment.
• San Jacinto Sav. Ass'n v. TDC Corp. of Fla.
  613 F. Supp. 76· M.D. Fla.· 1989-03-17 ·cited 1×
• Ross v. Twenty-Four Collection, Inc.
  681 F. Supp. 1547· S.D. Fla.· 1988-03-11 ·cited 1×
  The court held that the plaintiff was subjected to severe and pervasive sexual harassment creating a hostile work environment, leading to a constructive discharge, and that her reliance on a non-competition agreement excused her failure to mitigate damages.
• Maybin v. Thompson
  514 So. 2d 1129· Fla. 2d DCA· 1987-11-04 ·cited 1×
  The court held that summary judgment was improperly granted on counts alleging assault and battery and false arrest/imprisonment, as genuine issues of material fact existed regarding whether the officer acted within the scope of his employment. However, summary judgment was affir
• Webb v. TOM Brown, Inc.
  807 F.2d 783· 9th Cir.· 1987-01-05 ·cited 1×
  The court held that the district court erred in granting summary judgment based on the Montana workers' compensation exclusivity provision, as the Montana fund's late and unsolicited assertion of liability was not definitively binding and required further factual inquiry.
• Dany Hernandez and Miguel Hernandez v. K-Mart Corp.
  497 So. 2d 1259· Fla. 3d DCA· 1986-10-14 ·cited 1×
  A merchant's affirmative defenses of probable cause for detaining a suspected shoplifter and consent to search must be supported by evidence, and a trial court errs in submitting these issues to the jury when the defendant presents no evidence to support them.
• L.M.E., Inc. v. City of Hollywood
  605 F. Supp. 185· S.D. Fla.· 1985-04-19 ·cited 1×
  The court affirmed the granting of a coastal construction permit to the City of Hollywood, finding that the developer, Woodholly Associates, Inc., properly raised the issue of the City's burden to prove the necessity and justification for the development.
• Geary v. Starr
  418 So. 2d 1135· Fla. 4th DCA· 1982-08-18 ·cited 1×
  In this vicarious liability case, the Fourth District Court of Appeal reversed part of a jury verdict awarding punitive damages against an employer, holding that under respondeat superior doctrine, an employer can only be held vicariously liable for punitive damages if there is s
• Garrett v. John Wesley Jeffcoat & the United States
  483 F.2d 590· 4th Cir.· 1973-08-09 ·cited 1×
  The release of a government employee driving within the scope of employment does not release the United States from liability under the Federal Tort Claims Act, as the Federal Drivers Act makes the government's liability primary and exclusive.