Respondeat Superior

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

• McMILLIAN v. W.E. Johnson
  88 F.3d 1573· 11th Cir.· 1996-07-09 ·cited 60×
  The Eleventh Circuit affirmed the district court's judgment, holding that under Alabama law, sheriffs are not final policymakers for their counties in the area of law enforcement. The court also held that hearsay evidence, which is not shown to be reducible to admissible form at
• Webster v. The City OF Houston
  735 F.2d 838· 5th Cir.· 1984-07-09 ·cited 60×
  The court held that the trial court's jury instructions on municipal liability under 42 U.S.C. § 1983 were too lax and did not comply with the established standard for proving a custom or policy, requiring a new trial.
• Huddleston v. Roger Dean Chevrolet, Inc.
  845 F.2d 900· 11th Cir.· 1988-05-20 ·cited 59×
  The court held that the employer is liable for sexual harassment by a supervisor, even without proof of constructive discharge, and that the district court erred in finding no prima facie case of harassment attributable to the supervisor.
• Castillo v. Bickley
  363 So. 2d 792· Fla.· 1978-09-28 ·cited 59×
  A motor vehicle owner is not liable for injuries caused by the negligence of a repairman or serviceman with whom the vehicle has been left, provided the owner does not exercise control over the injury-causing operation during servicing, service-related testing, or transport, and
• Simmons v. King
  478 F.2d 857· 5th Cir.· 1973-04-12 ·cited 59×
  The court held that the trial court erred in its peremptory instructions regarding contributory negligence and in submitting the issue of vicarious liability to the jury, necessitating a new trial.
• United States v. Acord
  209 F.2d 709· 10th Cir.· 1954-01-14 ·cited 59×
  The court held that the district court lacked jurisdiction over the third-party complaint because it was filed in an improper venue.
• Citibank, N.A. v. Data Lease Fin. Corp.
  904 F.2d 1498· 11th Cir.· 1990-07-05 ·cited 58×
  A dismissal with prejudice of claims against alleged agents extinguishes a principal's vicarious liability claim, even if the settlement agreement attempted to reserve claims against the principal.
• Frazier v. Cast
  771 F.2d 259· 7th Cir.· 1985-08-20 ·cited 58×
• Est. OF Aleta v. Bailey
  768 F.2d 503· 3d Cir.· 1985-06-27 ·cited 58×
  The court held that the district court erred in dismissing the complaint because the allegations, if proven, could establish a "special relationship" between the child protective services agency and the deceased child, giving rise to an affirmative duty to protect. The court foun
• Morton I. Thomas v. Duralite Co., Inc.
  524 F.2d 577· 3d Cir.· 1975-10-08 ·cited 58×
  The court held that the defendants Lesser and Zakin were liable for securities fraud due to misrepresentation and nondisclosure, but the corporation Duralite was not liable. The damage award was remanded for recalculation to properly account for the defendants' special efforts.
• Vance v. S. Bell Tel. & Tel. Co.
  863 F.2d 1503· 11th Cir.· 1989-01-23 ·cited 57×
  The court held that the district court erred in granting judgment notwithstanding the verdict because a reasonable jury could have found racial harassment under § 1981, but affirmed the alternative grant of a new trial.
• Freddy R. Smith v. Ryder Truck Rentals, Inc.
  182 So. 2d 422· Fla.· 1966-02-16 ·cited 57×
  Smith, an employee injured by a fellow employee's negligence while operating a leased motorcycle, sought to recover from the equipment lessor Ryder Truck Rentals under the dangerous instrumentality doctrine. The Florida Supreme Court held that the lessor is not liable because the
• Mrs. Cordie Ola Fair v. United States
  234 F.2d 288· 5th Cir.· 1956-05-25 ·cited 57×
  The court held that a complaint alleging negligence by government medical staff in releasing a soldier with known homicidal tendencies, and a failure to warn, stated a claim upon which relief could be granted under the Federal Tort Claims Act.
• Postal Tel. & Cable Co. v. Bart Doyle
  123 Fla. 695· Fla.· 1936-04-11 ·cited 57×
  The Florida Supreme Court reversed a $7,000 judgment for personal injuries, finding that the plaintiff failed to prove the defendant owned the motorcycle that caused the injury and that the trial court improperly admitted evidence regarding the plaintiff's skill as a poster artis
• Thompson v. Bass
  616 F.2d 1259· 5th Cir.· 1980-05-14 ·cited 56×
  The court held that the evidence was insufficient to support the jury's verdict against Turner, as Thompson failed to prove Turner acted with retaliatory motive or deprived him of constitutional rights.
• The City OF Tampa v. Davis
  226 So. 2d 450· Fla. 2d DCA· 1969-09-17 ·cited 56×
  The City of Tampa appeals a jury verdict finding it liable for negligence in failing to maintain a stop sign, which fell and caused a collision. The court reverses, holding that municipal liability under respondeat superior for negligence in governmental functions requires privit
• Schwartz v. Compagnie General Transatlantique
  405 F.2d 270· 2d Cir.· 1968-12-11 ·cited 55×
  The court held that the implied warranty of workmanlike performance doctrine does not apply to the United States in this case, as there was no contractual relationship and the U.S. was performing a statutory function, not a service for the shipowner.
• IRA S. Bushey & Sons, Inc. v. United States
  398 F.2d 167· 2d Cir.· 1968-06-19 ·cited 55×
  The court held that the United States is vicariously liable for the damage caused by the seaman's actions, as they were within the scope of employment under the doctrine of respondeat superior.
• J.T. Carr v. City OF Florence
  916 F.2d 1521· 11th Cir.· 1990-11-07 ·cited 54×
  The court held that prior precedent improperly granted Eleventh Amendment immunity to Alabama county sheriffs without a proper analysis of state funding for judgments.
• Sussman v. Fla. E. Coast Props., Inc.
  557 So. 2d 74· Fla. 3d DCA· 1990-01-16 ·cited 54×
  An employer is not vicariously liable for an employee's actions during a personal detour from their commute, even if the detour is for a social purpose related to work.
• Richardson v. City OF Pompano Beach & Robert Rudock
  511 So. 2d 1121· Fla. 4th DCA· 1987-09-09 ·cited 54×
  The court addressed whether Florida's governmental immunity statute shields municipalities from liability for intentional torts committed by employees within the scope of employment absent bad faith or wanton disregard. The court held that governmental entities remain liable for
• Ashelman v. Hon. Gary Pope
  793 F.2d 1072· 9th Cir.· 1986-07-08 ·cited 54×
  A conspiracy between a judge and prosecutor to predetermine the outcome of a judicial proceeding does not pierce the immunity extended to judges and prosecutors, as long as the judge's ultimate acts are judicial actions taken within the court's subject matter jurisdiction and the
• Voutour v. Vitale
  761 F.2d 812· 1st Cir.· 1985-03-29 ·cited 54×
  The court held that genuine issues of material fact existed regarding the liability of Chief Forni and the Town of Saugus under 42 U.S.C. § 1983, precluding summary judgment.
• Dean v. Gladney
  621 F.2d 1331· 5th Cir.· 1980-07-24 ·cited 54×
  The court held that municipalities and counties are not liable under Bivens for the acts of their employees under a theory of respondeat superior, and that joint and several liability was improperly imposed on Deputy Saldivar for the actions of Officer Maddox.
• Reeves v. City OF Jackson
  608 F.2d 644· 5th Cir.· 1979-12-21 ·cited 54×
  A jury question was presented as to whether certain officers and jailers falsely arrested, imprisoned, or denied medical care to the plaintiff, but not as to others or the City.
• Shumate & Co., Inc. v. Nat'l Ass'n OF Sec. Dealers, Inc.
  509 F.2d 147· 5th Cir.· 1975-03-05 ·cited 54×
  The court held that the plaintiff failed to present sufficient evidence of injury to his business or property to create a jury question on his antitrust claims.
• Nat'l Labor Relations Bd. v. Billen Shoe Co., Inc.
  397 F.2d 801· 1st Cir.· 1968-07-02 ·cited 54×
  The court held that the Labor Board's order was largely unsupported by substantial evidence, particularly concerning the discharge of an employee.
• Dowling v. Nicholson
  135 So. 288· Fla.· 1931-05-27 ·cited 54×
  The Florida Supreme Court reversed a judgment for a plaintiff injured in a car accident, holding that the plaintiff failed to provide sufficient evidence to prove the defendant was responsible for the negligent driver or the truck involved. The court emphasized the need for direc
• Owens v. Fulton Cnty.
  877 F.2d 947· 11th Cir.· 1989-07-20 ·cited 53×
  A county cannot be held liable under 42 U.S.C. § 1983 for a district attorney's prosecutorial decisions, as the district attorney acts as a state official, not a county policymaker, under Georgia law.
• Caryl Antony Vaughn Gibbs v. AIR Canada
  810 F.2d 1529· 11th Cir.· 1987-02-26 ·cited 53×
  The court held that the indemnity provision did not cover the employee's theft, and Air Canada's own negligence precluded indemnification. The denial of the motion to vacate the default judgment was affirmed.
• Gordon v. Leeke
  574 F.2d 1147· 4th Cir.· 1978-03-06 ·cited 53×
  The court held that a district court is not required to act as an advocate for a pro se litigant, but should liberally construe pleadings and may advise the litigant.
• Raydel, Ltd. v. Medcalfe
  178 So. 2d 569· Fla.· 1965-07-07 ·cited 53×
  The Florida Supreme Court reversed a judgment against vehicle owners under the dangerous instrumentality doctrine, holding that an owner is not liable to an employee-bailee or spouse for injuries caused by negligent operation of a vehicle jointly entrusted to them for personal us
• Wolfe v. City of Miami
  103 Fla. 774· Fla.· 1931-12-01 ·cited 53×
  Carolyn Wolfe sued the City of Miami for injuries from an automobile accident caused by a negligent convict driver. The Florida Supreme Court reversed a directed verdict for the city, holding that the city was liable for the convict's negligence because the vehicle, though techni
• Manor Healthcare Corp. v. Lomelo
  929 F.2d 633· 11th Cir.· 1991-04-25 ·cited 52×
  A municipality is not liable under § 1983 for a mayor's criminal acts unless those acts were officially sanctioned or made pursuant to a municipal policy by an official with final policy-making authority. A prevailing party may recover costs even if paid by a non-party insurer.
• Clark v. Evans
  840 F.2d 876· 11th Cir.· 1988-03-25 ·cited 52×
  The court held that prison officials were entitled to qualified immunity because their actions did not violate clearly established law, and affirmed summary judgment for other guards and the commissioner.
• Henry v. Farmer City State Bank
  808 F.2d 1228· 7th Cir.· 1986-12-29 ·cited 52×
  The court held that the RICO claims were barred by res judicata because the plaintiffs failed to raise their fraud claims as defenses in the prior state court foreclosure proceedings. However, the court reversed the district court's injunction against state court proceedings, fin
• Cloutier v. The Town OF Epping
  714 F.2d 1184· 1st Cir.· 1983-08-05 ·cited 52×
  The court affirmed the dismissal of the federal claims, finding that while jurisdiction might not have been entirely lacking, the claims either failed to state a federal question or were barred by immunity, and that summary judgment was appropriate on the merits.
• Wise v. Bravo
  666 F.2d 1328· 10th Cir.· 1981-12-14 ·cited 52×
  The court held that while state law primarily governs family relations, the Constitution protects fundamental rights within family life, and state interference with these rights may be actionable under Section 1983 if egregious and lacking due process.
• Davis v. Zahradnick
  600 F.2d 458· 4th Cir.· 1979-06-29 ·cited 52×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed and the pro se plaintiff did not receive proper notice of the conversion of a motion to dismiss into a motion for summary judgment.
• Gagliardi v. Flint
  564 F.2d 112· 3d Cir.· 1977-08-10 ·cited 52×
  The court held that the district court had federal question jurisdiction to hear pendent state law claims and that no reversible trial errors occurred.
• Christmas v. Harris Cnty.
  51 F.4th 1348· 11th Cir.· 2022-10-28 ·cited 51×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that the Sheriff was entitled to qualified immunity because the plaintiff failed to show he violated a clearly established constitutional right or that his actions caused the subordinate's misco
• Stoneking v. Bradford Area Sch. Dist.
  882 F.2d 720· 3d Cir.· 1989-08-16 ·cited 51×
  The court held that reasonable school officials would not have realized they were violating a well-established duty by failing to pursue or discouraging complaints of sexual abuse, thus entitling them to qualified immunity.
• Burroughs Corp. & Emp'rs Ins. of Wausau v. Am. Druggists' Ins. Co.
  450 So. 2d 540· Fla. 2d DCA· 1984-04-11 ·cited 51×
  This case addresses whether an employee was acting within the scope of her employment when she caused a fatal automobile accident while driving intoxicated on her way home from work. The court reversed summary judgments holding the employee was within the scope of employment, fin
• NME Props., Inc. v. McCULLOUGH
  590 So. 2d 439· Fla. 2d DCA· 1991-09-13 ·cited 50×
  NME Properties, Inc. (East Manor nursing home) petitioned for a writ of certiorari to require the plaintiff to comply with Florida's medical malpractice presuit notice requirements under chapter 766 before proceeding with her negligence lawsuit. The court denied the writ, holding
• Martin v. Sargent
  780 F.2d 1334· 8th Cir.· 1985-12-20 ·cited 50×
  The court held that a prisoner's claims for injunctive and declaratory relief regarding prison conditions are moot if the prisoner is no longer subject to those conditions, but claims for monetary damages may proceed. Claims based on respondeat superior or general allegations wit
• Harris v. Pirch
  677 F.2d 681· 8th Cir.· 1982-05-14 ·cited 50×
  The court held that there was insufficient evidence to support the jury's verdict against Sheriff Pirch and Deputy Kipping, and that Kipping was entitled to qualified immunity.
• Zambito v. Southland Rec. Enters., Inc.
  383 So. 2d 989· Fla. 2d DCA· 1980-05-28 ·cited 50×
  The Zambitos appealed a dismissal of their negligence complaint arising from a fall at a roller skating facility, claiming the trial court improperly applied a patent danger defense based on the plaintiff's knowledge of hazards. The Second District reversed, holding that comparat
• Middleton v. City OF Fort Walton Beach
  113 So. 2d 431· Fla. 1st DCA· 1959-07-07 ·cited 50×
  Municipal corporations are not liable under respondeat superior for intentional torts of their officers and agents.
• Foremost Dairies, Inc. v. Godwin
  158 Fla. 245· Fla.· 1946-08-02 ·cited 50×
  Foremost Dairies appealed a judgment for damages in an automobile collision caused by its employee Howell. The Florida Supreme Court reversed, holding that the corporation could not be held liable because Howell had not yet begun his employment duties when the collision occurred,
• Andrews v. City OF Philadelphia & Wilson W. Goode
  895 F.2d 1469· 3d Cir.· 1990-02-08 ·cited 49×
  The court held that the jury's findings on § 1983 claims were not sufficient to establish a Title VII hostile work environment claim, and that certain judgments n.o.v. were appropriate while others were not.