Respondeat Superior

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

• Howlett v. Rose
  571 So. 2d 29· Fla. 2d DCA· 1990-08-24
  On remand from the U.S. Supreme Court, the Florida District Court of Appeal reversed its prior dismissal of a Section 1983 civil rights action brought by a minor student against a school superintendent and school board. The court held that the trial court improperly dismissed the
• Williams v. Luna
  909 F.2d 121· 5th Cir.· 1990-08-15
  The court held that the district court improperly dismissed the excessive force claim against the guards because the plaintiff adequately alleged a significant injury and the use of excessive force, and improperly made credibility determinations at the Spears hearing.
• Wzorek v. City OF Chicago
  906 F.2d 1180· 7th Cir.· 1990-07-13
  The court held that the City is liable for its employees' violations of the Shakman decree, even if lower-level managers acted without direct supervisory knowledge, but reversed the award for future psychiatric treatment.
• Fernandez v. Smith Commercial Grp., Inc.
  560 So. 2d 1389· Fla. 3d DCA· 1990-05-15
  A party to a contract with an arbitration clause cannot avoid arbitration by suing non-signatories who are agents of the signatory party.
• Bell v. City of Miami
  733 F. Supp. 1475· S.D. Fla.· 1990-01-03
  The court denied the City of Miami's motion to dismiss the amended complaint.
• White v. Gerbitz
  892 F.2d 457· 6th Cir.· 1989-12-20
  The dissenting judge believes the finding of probable cause to arrest and detain Clyde White as a material witness was problematic and not met.
• Champion Parts, Inc. v. Oppenheimer & Co.
  878 F.2d 1003· 7th Cir.· 1989-07-07
  A plaintiff cannot recover litigation expenses incurred in a prior action under common law tort theories if those theories do not independently state a cause of action, and statutory claims also fail due to lack of standing or failure to meet statutory requirements.
• Krueger v. Mammoth Mountain SKI Area, Inc.
  873 F.2d 222· 9th Cir.· 1989-04-24
  The court held that the existence of a master-servant relationship, for the purpose of invoking respondeat superior liability, is a question of fact for the jury when the relationship is not clearly established as a matter of law.
• Ostrosky v. Sczapa
  868 F.2d 1· 1st Cir.· 1989-02-10
  The court affirmed the judgment against the driver Randy Sczapa and reversed the judgment against Saybrook Ford, Inc., ordering a new trial on the issue of consent.
• Hammer DeROBURT v. Gannett Co., Inc.
  859 F.2d 714· 9th Cir.· 1988-10-11
  The concurring judge states that the First Amendment and New York Times v. Sullivan do not preclude a nominal damages award for the plaintiff.
• Kidder Elec. OF Fla., Inc. v. United States Fid. & Guar. Co.
  530 So. 2d 475· Fla. 5th DCA· 1988-09-01
  A subcontractor entered into arbitration with a general contractor over a payment dispute while simultaneously filing suit against the surety on a payment bond. The court held that the arbitration should proceed and the bond litigation should be stayed, rejecting the surety's arg
• Mair v. C & O R.R.
  851 F.2d 829· 6th Cir.· 1988-07-12
  The court held that the railroad was not liable for the trespasser's injuries because it owed no duty of care as a landowner and its employees' alleged negligent advice to the trespasser was outside the scope of their employment.
• Mann v. Adams
  846 F.2d 589· 9th Cir.· 1988-05-18
  The court held that a state's failure to certify grievance procedures does not create a cause of action, and prison officials may open incoming mail in the inmate's presence for security reasons.
• Massie v. Godfather's Pizza, Inc.
  844 F.2d 1414· 10th Cir.· 1988-04-14
  The court held that the employer's negligence in training and supervision, and the employee's failure to follow company policy during a robbery, were proximate causes of the plaintiff's injuries, and that worker's compensation was not the exclusive remedy because the assault was
• Todd v. Navarro
  698 F. Supp. 871· S.D. Fla.· 1988-03-31
  The court held that homosexuals are not a suspect class for equal protection purposes and that the plaintiff failed to state a claim for due process violations. Claims against certain defendants were dismissed for failure to state a cause of action.
• City OF Riviera Beach v. Langevin
  522 So. 2d 857· Fla. 4th DCA· 1987-12-23
  A white police officer sued the City of Riviera Beach and its officials under 42 U.S.C. § 1983 after being terminated allegedly due to reverse racial discrimination. A jury awarded $500,000 in compensatory damages and $40,000 in punitive damages. The court affirmed, holding that
• Pyle v. United States
  827 F.2d 360· 8th Cir.· 1987-08-27
  The court held that a serviceman traveling to a permanent duty station using his own vehicle, with significant leave time and freedom to set his own agenda, was not acting within the scope of his employment for respondeat superior purposes.
• Anesthesia Serv. Med. Grp., Inc. v. Comm'r OF Internal Revenue Serv.
  825 F.2d 241· 9th Cir.· 1987-08-18
  Contributions to a trust established to cover malpractice claims against employees are not deductible business expenses, and the trust's income is attributable to the taxpayer.
• Tyson v. Litwin Corp. v. Hess OIL V.I. Corp.
  826 F.2d 1255· 3d Cir.· 1987-08-17
  The dissenting judge would hold that the employees were borrowed servants of HOVIC and that the verdict form was fatally flawed, warranting reversal and a new trial.
• E. Tex. Mack Sales, Inc. v. Nw. Acceptance Corp.
  819 F.2d 116· 5th Cir.· 1987-06-15
  The court held that the district court erred in denying the motion to remand because the appellants stated a legitimate cause of action against the in-state defendant (Paulson) for fraudulent inducement under Texas law, thus defeating complete diversity.
• Maxie Rose Cahill v. HCA Mgmt. Co., Inc.
  812 F.2d 170· 4th Cir.· 1987-02-23
  A management company can be held vicariously liable for a hospital technician's negligence under North Carolina law if the company had the power of immediate direction and control over the technician, even if the technician was nominally employed by the hospital.
• Anela v. City OF Wildwood
  793 F.2d 514· 3d Cir.· 1986-06-19
• Hamilton v. V.E. Rodgers
  783 F.2d 1306· 5th Cir.· 1986-03-07
  The court held that while supervisors could be liable for racial discrimination and retaliation, the Fire Department could not be held liable under § 1983 or Title VII absent official policy, and compensatory damages for physical harm were not warranted due to insufficient proof
• Schoonover v. Nat'l Cable Commc'ns Corp.
  784 F.2d 329· 8th Cir.· 1986-02-20
  The court held that the jury instruction properly allocated the burden of proof to the defendant to prove the driver was an independent contractor, and that sufficient evidence supported the jury's finding of an employment relationship.
• City OF Edgewater v. Montesano
  477 So. 2d 54· Fla. 5th DCA· 1985-10-24
  Property owners sued the City of Edgewater and its police chief for negligence and constitutional violations under 42 U.S.C. § 1983 after allegedly wrongful police and building inspector conduct. The trial court's jury instructions improperly allowed liability against the city ba
• Simpson v. Home Petroleum Corp. & Home Oil Corp.
  770 F.2d 499· 5th Cir.· 1985-09-12
  The court held that the plaintiff bears the burden of persuasion to prove that a worker was an employee, not an independent contractor, when seeking to establish vicarious liability under respondeat superior.
• AETNA Cas. & Sur. Co. & B & B Cash Grocery Stores, Inc. v. Ferreira
  474 So. 2d 329· Fla. 2d DCA· 1985-07-24
  The appellate court affirmed the trial court's decision to set aside a bond estreature and discharge the surety's liability on a bail bond, despite the defendant being incarcerated in another state.
• Union OIL Co. OF Cal. v. M/V Point Dover
  756 F.2d 1223· 5th Cir.· 1985-04-11
  The court held that the charter party's "actual fault or privity" clause, interpreted in light of maritime law, prevents the imputation of the Master's negligence to the vessel owner under respondeat superior, thus precluding owner liability for damages caused by the Master's err
• Great W. Cas. Co. v. Gizel Norris
  734 F.2d 697· 11th Cir.· 1984-06-18
  The court held that the insurance policy, as interpreted under Georgia law, did not require coverage for the individual driver when operating outside the scope of his employment with the insured carrier.
• Fla. Fruit & Vegetable Ass'n v. Donovan
  S.D. Fla.· 1984-03-19
• Marrero v. City of Hialeah
  334 F.2d 506· S.D. Fla.· 1984-03-08
  The court held that the City was not liable under § 1983 because the plaintiffs failed to prove a custom or policy, and that the prosecutor was entitled to qualified immunity as his actions did not violate clearly established constitutional rights.
• Equal Emp. Opportunity Comm'n v. F & D Distrib., Inc.
  728 F.2d 1281· 10th Cir.· 1984-03-05
  The court held that an employer is not liable for an employee's discriminatory statement if the employee lacks hiring authority and did not influence the hiring process.
• Hemingway v. Ochsner Clinic and/or Ochsner Found. Hosp.
  722 F.2d 1220· 5th Cir.· 1984-01-16
  The court held that the trial judge did not err in limiting the malpractice damages to a specific 36-day period and a $15,000 award, as the evidence only supported liability for one incident and did not prove damages beyond that period.
• Colon v. Lomelo
  575 F. Supp. 664· S.D. Fla.· 1983-12-06
  The court held that the § 1983 claim against individual defendants remains viable, but the claim against the City is dismissed, and the § 1985 claim is dismissed against all defendants.
• Harris v. United States
  718 F.2d 654· 4th Cir.· 1983-10-04
  The United States is not liable under the Federal Tort Claims Act for the negligence of a soldier who was acting outside the scope of his employment when he caused an accident.
• Hoyle Green v. United States
  709 F.2d 1157· 7th Cir.· 1983-06-07
  The United States is vicariously liable for the negligence of an Air Force surgeon operating under a fellowship, as he was not a borrowed servant of the private medical group. The court also held that crediting a settlement from a joint tortfeasor according to state law does not
• Bond v. Asiala
  704 F.2d 309· 6th Cir.· 1983-04-06
  The court held that the district court erred in granting summary judgment based on the belief that simple negligence cannot support a § 1983 claim and that a warrantless entry into a third-party's home to execute an arrest warrant is unconstitutional under Steagald.
• Eddy Ray Messimer v. A.L. Lockhart
  702 F.2d 729· 8th Cir.· 1983-03-25
  The court held that plaintiffs did not waive their right to appeal by failing to object to the magistrate's recommendation, and that their complaint sufficiently alleged the Director's direct involvement in unconstitutional prison conditions.
• Budde v. Kentron Haw., Ltd.
  703 F.2d 456· 10th Cir.· 1983-03-21
  The court held that the plaintiff failed to establish a prima facie case of negligence, even if all tendered evidence were admitted.
• Utica Mut. Ins. Co. v. Jones
  408 So. 2d 769· Fla. 2d DCA· 1982-01-13
  Utica Mutual Insurance Company appealed a judgment awarding damages to a minor injured when a wagon tied to a dog struck him. The court reversed, holding that Florida's dog owner liability statute (Section 767.01) applies only when the dog directly causes injury through canine ch
• Lloyd v. Powell Bros., Inc.
  382 So. 2d 1374· Fla. 4th DCA· 1980-05-07
• Rutherford v. The Gray Line, Inc.
  615 F.2d 944· 2d Cir.· 1980-01-28
• Stewart v. Morosa Bros. Transp. Co.
  611 F.2d 778· 9th Cir.· 1980-01-15
  The court held that the employer did not become an insurer of its employee under Arizona law, as its compliance with carrier regulations did not satisfy the motor vehicle safety responsibility act for permissive users.
• Johnson v. Shaw
  609 F.2d 124· 5th Cir.· 1980-01-02
  The court held that the district court's denial of a judgment notwithstanding the verdict must be vacated and reconsidered in light of intervening Supreme Court precedent.
• Tarralene Burroughs v. Bd. OF Trs. OF Alachua Gen. Hosp.
  377 So. 2d 801· Fla. 1st DCA· 1979-12-11
• Kleinman v. Etheridge
  49 Fla. Supp. 163· Dade Cty. Cir. Ct.· 1979-10-07
  Plaintiffs sued Dade County alleging negligence by a court clerk's employee who released sealed criminal record information, seeking to hold the county vicariously liable under respondeat superior. The court dismissed the complaint, holding that the clerk of circuit court is a co
• Esler v. Safeway Stores, Inc.
  585 F.2d 903· 8th Cir.· 1978-10-18
  The court held that the jury verdict was supported by sufficient evidence and the admission of expert testimony was not an abuse of discretion.
• Steele v. Armour & Co.
  583 F.2d 393· 8th Cir.· 1978-07-28
  The court held that summary judgment for the defendant was proper because there was no evidence that the defendant exercised or had the right to exercise control over the means and manner of the trucking company's performance, which is necessary to establish vicarious liability.
• Frederic Vinson v. Gulf Life Ins. Co.
  357 So. 2d 778· Fla. 1st DCA· 1978-04-25
  Vinson appealed from summary judgment dismissing his claim against Gulf Life Insurance Company for defamation and interference with economic advantages. The court affirmed, holding that Colley was acting solely in his capacity as president of a professional association, not as Gu
• Bostic v. Graham
  343 So. 2d 947· Fla. 3d DCA· 1977-03-22
  Summary judgment for defendants affirmed in medical malpractice action where plaintiff failed to establish genuine triable issue regarding physician's alleged negligence in not ordering x-ray of back injury.