Respondeat Superior

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

• Shields & Co. v. Bright
  254 F. Supp. 2d 1253· M.D. Fla.· 2003-03-28
  The court held that the arbitration award was not procured by manifest disregard of the law or arbitrary and capricious decision, and thus denied the motion to vacate the award.
• The HERTZ Corp. v. R.I. Hosp.
  784 So. 2d 506· Fla. 5th DCA· 2001-04-12
  A car rental agency, liable under the dangerous instrumentality doctrine for injuries caused by its lessee, is entitled to indemnification from the lessee's employer if the accident occurred within the scope of employment.
• Masconi v. Regueiro
  778 So. 2d 471· Fla. 3d DCA· 2001-02-21
  Appellants Masconi and Krause appeal summary judgment in a personal injury case against their landlords, the Regueiros. The court reverses, finding that a genuine issue of material fact exists regarding whether the landlords' agent, Sosa, was acting within the scope of his agency
• Widmer v. Moore
  776 So. 2d 324· Fla. 1st DCA· 2001-01-10
  An inmate member of the Hare Krishna sect appeals the dismissal of his § 1983 complaint alleging prison officials violated his First Amendment rights by denying him a vegetarian diet and religious beads. The court reversed the dismissal of claims for injunctive relief against one
• St. Paul Guardian Ins. v. United States
  117 F. Supp. 2d 1349· S.D. Fla.· 2000-10-17
  The court held that the release executed by the insured barred the subrogated insurer's claim, and that there was no mutual mistake to reform the release.
• Kruger v. Jenne
  164 F. Supp. 2d 1330· S.D. Fla.· 2000-06-19
  The court adopted the magistrate judge's recommendation, denying defendants' motions to dismiss and for a more definite statement, finding the plaintiff's allegations sufficient to proceed.
• Moghadam v. Morris
  87 F. Supp. 2d 1255· N.D. Fla.· 2000-02-23
  The court held that the plaintiff failed to establish a prima facie case of discrimination and that the defendant was entitled to summary judgment.
• Snyder v. The City OF Delray Beach
  736 So. 2d 1243· Fla. 4th DCA· 1999-06-30
• Pabon v. Interamerican CAR Rental, Inc.
  715 So. 2d 1148· Fla. 3d DCA· 1998-08-26
  Marsha Pabon rented a minivan from InterAmerican Car Rental and signed an indemnity agreement. The authorized driver she rented the vehicle for negligently entrusted it to an unauthorized driver who caused a fatal accident. InterAmerican sought indemnification from Pabon under th
• Barron v. Pub. Health Tr. of Dade Cnty.
  22 F. Supp. 2d 1368· S.D. Fla.· 1998-08-21
  The court held that the defendants are entitled to qualified immunity because the plaintiff failed to demonstrate that the alleged retaliatory actions constituted clearly established adverse employment actions under the First Amendment.
• Cox v. McCraley
  993 F. Supp. 1452· M.D. Fla.· 1998-02-10
  The court held that the plaintiff failed to state a claim under federal law against the School Board and that the individual defendants were entitled to qualified immunity, warranting dismissal of the federal claims.
• Deborah Temple v. Narinder S. Aujla, M.D.
  681 So. 2d 1198· Fla. 5th DCA· 1996-10-25
  Where the legislature has prescribed criminal penalties for conduct without enumerating a civil cause of action, courts cannot create a civil remedy; deference to the legislature's specific remedy precludes judicial creation of additional remedies.
• Romans v. Haymes
  676 So. 2d 504· Fla. 3d DCA· 1996-07-03
• Denmark v. Lee Cnty.
  931 F. Supp. 831· M.D. Fla.· 1996-07-01
  Summary judgment is denied for Defendant Schramm on the § 1983 claims and the state law battery claim due to genuine issues of material fact regarding excessive force. Summary judgment is granted for Defendant Schramm on the state law false arrest and false imprisonment claims be
• Pate v. Worthington
  679 So. 2d 790· Fla. 5th DCA· 1996-06-20
• Abrams v. Hunter
  910 F. Supp. 620· M.D. Fla.· 1995-12-28
  The court granted summary judgment for the defendants, finding the plaintiff failed to establish a constitutional violation by Officer Gray or Sheriff Hunter.
• Bailey v. Bd. OF Cnty. Comm'rs
  659 So. 2d 295· Fla. 1st DCA· 1994-12-20
  Bailey sued multiple defendants for false arrest, malicious prosecution, and civil rights violations following his wrongful arrest during an undercover sting operation. The Florida appellate court affirmed dismissal of all claims except a potential negligence claim against Alachu
• Canty v. Bottacchi
  745 F. Supp. 1450· S.D. Fla.· 1994-04-13
  The court held that the crane operators were not borrowed servants of the stevedore, and therefore the crane service company was not immune from suit under the Longshore and Harbor Workers' Compensation Act.
• Gazie v. John Hancock Mut. Life Ins. Co.
  632 So. 2d 1076· Fla. 4th DCA· 1994-02-16
  The Gazies appealed a summary judgment granted in favor of John Hancock Life Insurance Company, arguing the trial court misapplied collateral estoppel and law of the case doctrines based on a prior appellate decision. The court held that a prior decision addressing whether an age
• Corp. of the President of the Church of Jesus Christ of Latter Day Saints v. Env't Prot. Comm'n
  837 F. Supp. 413· M.D. Fla.· 1993-11-15
  A plaintiff acting as an agent has standing to sue on behalf of the principal, and a local government agency is not immune from suit under the Eleventh Amendment for § 1983 claims.
• Kral, Inc. v. Sw. Life Ins. Co.
  999 F.2d 101· 5th Cir.· 1993-08-16
  The court held that the plaintiffs failed to raise genuine issues of material fact regarding SWL's vicarious liability for Zeigler's breach of fiduciary duty.
• Ward v. Richard Gordon, M.D.
  999 F.2d 1399· 9th Cir.· 1993-07-23
  The court held that Dr. Gordon acted within the scope of his government employment, requiring substitution of the United States as the party defendant under the Federal Employees Liability Reform and Tort Compensation Act, regardless of his status as a 'borrowed servant' of a pri
• Gonzalez v. Ysleta Indep. Sch. Dist.
  996 F.2d 745· 5th Cir.· 1993-07-20
  The court held that the school district's transfer of a teacher accused of sexual abuse, despite prior allegations and a formal policy, did not demonstrate deliberate indifference to students' constitutional rights, and thus reversed the jury's verdict. The court also found that
• Pavelka v. Carter
  996 F.2d 645· 4th Cir.· 1993-06-09
  The court held that governmental immunity does not bar recovery against the County for amounts exceeding the statutorily required security, and the bus driver is not immune from suit.
• Deaton v. Montgomery Cnty.
  989 F.2d 885· 6th Cir.· 1993-04-01
  A county is not liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from a municipality's custom, policy, or practice when the county has contracted with the municipality to operate a jail, as long as the county did not demonstrate deliberate indifference and
• Censullo v. Brenka Video, Inc.
  989 F.2d 40· 1st Cir.· 1993-03-29
  The court held that the jury could reasonably find that the employee became an at-will employee after his initial termination, making his subsequent termination potentially wrongful. The court also held that the employer was not vicariously liable for the supervisor's intentional
• Annabelle L. Martin v. Shearson Lehman Hutton, Inc.
  986 F.2d 242· 8th Cir.· 1993-02-18
  The court held that Shearson could be liable as a controlling person under federal and state securities laws, affirming the compensatory damages award, but reversed punitive damages and attorneys' fees.
• Boushel v. Toro Co.
  985 F.2d 406· 8th Cir.· 1993-02-03
  The court held that an order granting a stay of proceedings pending resolution of a concurrent foreign action is not a final, appealable order unless it is tantamount to a dismissal and effectively ends the litigation.
• Beatty v. United States
  983 F.2d 908· 8th Cir.· 1993-01-15
  The court held that the trial court did not err in allowing the government to amend its Rule 36 admissions and in granting summary judgment, as proximate cause could not be established.
• Davenport v. ST. Paul Fire & Marine Ins. Co.
  978 F.2d 927· 5th Cir.· 1992-12-09
  An insurer has the exclusive right to control the defense of a lawsuit against its insured when coverage is full and unambiguous, and the insured has no right to demand their own counsel or recover damages for emotional distress or interference with business relations based on th
• Sanders v. Brewer
  972 F.2d 920· 8th Cir.· 1992-08-13
  The court affirmed the district court's judgment, holding that the magistrate judge did not err in granting summary judgment to supervisors, admitting impeachment testimony, or awarding attorney's fees, and that the nominal damages award was not a plain injustice.
• Milan Chonich v. Wayne Cnty. Cmty. Coll.
  973 F.2d 1271· 6th Cir.· 1992-06-09
  The court held that it was plain and prejudicial error to require plaintiffs to prove proximate cause for nominal damages in a malicious libel case, and that the prior remand necessitated further consideration of whether a new trial on § 1983 liability was required due to Monell
• ALL Am. Ins. Co. v. Burns
  971 F.2d 438· 10th Cir.· 1992-05-04
  The court held that the insurance policy's exclusion for personal injury arising out of the willful violation of a penal statute by an insured applied, even to claims of negligent entrustment, because the underlying criminal acts were essential elements of the causes of action.
• Jones v. Century OIL U.S.A., Inc.
  957 F.2d 84· 3d Cir.· 1992-02-21
  The court held that the trial court erred in granting a directed verdict because the evidence presented a jury question regarding whether the gas station operator was an independent contractor or an agent/employee of the oil company.
• Butcher v. City OF McALESTER
  956 F.2d 973· 10th Cir.· 1992-02-12
  The court held that there was sufficient evidence for the jury to find the City liable under 42 U.S.C. § 1983 for violating plaintiffs' First Amendment rights, but reversed awards for humiliation due to insufficient evidence.
• Charbonnet v. Sheriff Harry LEE & Lt. Edwin McClendon
  951 F.2d 638· 5th Cir.· 1992-01-28
  A state actor is not liable under § 1983 for a deprivation of property without due process if the deprivation was random and unauthorized, and an adequate post-deprivation remedy is available under state law.
• Vollendorff v. United States
  951 F.2d 215· 9th Cir.· 1991-12-09
  The court held that the government could be held vicariously liable for the negligence of an employee in storing prescription medication accessible to a child, as the employee's use of the medication was within the scope of his employment.
• Skelton v. Pri-Cor, Inc.
  963 F.2d 100· 6th Cir.· 1991-11-21
  A private corporation operating a detention facility under contract with a county acts under color of state law for § 1983 purposes, but denying an inmate a hardcover Bible is permissible if a softcover version is allowed and the restriction is reasonably related to legitimate pe
• Payne v. Monroe Cnty.
  779 F. Supp. 1330· S.D. Fla.· 1991-10-21
  The court affirmed the magistrate judge's report and recommendation, granting the defendants' motions to dismiss.
• Est. of Thomas A. Melucci v. Brown
  946 F.2d 144· 1st Cir.· 1991-10-07
  The court held that a claim for negligent entrustment requires a causal connection between the alleged incompetence of the entrustee and the resulting accident, even if the entrustee was not negligent.
• Johnson v. A.L. Lockhart and Willis Sargent
  941 F.2d 705· 8th Cir.· 1991-08-12
  The court held that a prison official can be held directly liable under § 1983 for deliberate indifference to an inmate's serious medical needs, even if respondeat superior does not apply.
• Hintergardt v. Operators, Inc.
  940 F.2d 1386· 10th Cir.· 1991-08-07
  The court held that the jury instructions regarding the presumption of an employee acting within the scope of employment and the conditions for returning to the scope of employment were correct statements of Oklahoma law.
• Eichenseer v. Reserve Life Ins. Co.
  934 F.2d 1375· 5th Cir.· 1991-07-11
  A substantial punitive damages award does not violate the Due Process Clause if the circumstances indicate the award is reasonable and the procedure used to assess and review it imposes a sufficiently definite and meaningful constraint on the factfinder's discretion.
• Flynn v. Rasooli
  581 So. 2d 983· Fla. 2d DCA· 1991-06-21
  Flynn and Rothschild challenged a summary judgment entered against them in a securities fraud and related claims case brought by Rasooli. The appellate court reversed, finding that Rasooli's own affidavit created genuine issues of material fact regarding whether the defendant bro
• Abraham v. United States
  932 F.2d 900· 11th Cir.· 1991-05-31
  The United States can be held liable under the FTCA for the negligence of military physicians serving rotations at a civilian hospital if the hospital did not exercise complete control over them.
• Barnell O. Cross v. Tampa Elec. Co.
  577 So. 2d 623· Fla. 2d DCA· 1991-03-20
  The court held that Shimberg-Cross, not being a party when Tampa Electric was dismissed, could pursue a third-party complaint, but Mr. Cross, having failed to appeal the initial dismissal, could not.
• Williams v. Kingston Shipping Co., Inc.
  925 F.2d 721· 4th Cir.· 1991-02-07
  The majority erred in awarding full attorney fees for all claims, as fee-shifting in maritime law is narrowly limited to specific circumstances not present here.
• Thompson v. Superior Fireplace Co.
  931 F.2d 372· 6th Cir.· 1991-02-05
  The court held that a district court's failure to consider a motion to amend a complaint before granting a motion to dismiss constitutes an abuse of discretion, requiring remand. However, a union does not owe employees a duty to provide a safe workplace absent specific contractua
• Antoine J. Bell v. Chesapeake & Ohio Ry. Co.
  929 F.2d 220· 6th Cir.· 1991-01-17
  The court held that the plaintiff failed to establish a continuing violation theory under Michigan law, and thus, the employer was not liable for the alleged discriminatory acts, even if some occurred within the limitations period.
• Roberson v. Bethlehem Steel Corp.
  912 F.2d 184· 7th Cir.· 1990-09-04
  The court held that sufficient evidence existed for a reasonable jury to find Bethlehem Steel liable under respondeat superior for the intentional tort of its foreman, Borucki, who struck the plaintiff, Roberson, as the jury reasonably concluded Borucki was acting within the scop