Respondeat Superior

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

• Watson v. The City OF Hialeah
  552 So. 2d 1146· Fla. 3d DCA· 1989-11-07 ·cited 49×
  The estate of Michael Corso, murdered by two Hialeah police officers during a staged drug robbery, sued the City of Hialeah for negligent retention. The trial court granted the city's motion for directed verdict after a jury found negligent retention, and the appellate court affi
• Guidry v. S. La. Contractors, Inc.
  614 F.2d 447· 5th Cir.· 1980-03-24 ·cited 49×
  The court held that the jury's findings on Jones Act status and employer liability were not properly presented, requiring a new trial on those issues. However, the trial court correctly directed a verdict for Messina on Jones Act status and dismissed indemnity claims.
• DelLouise Greene v. Jas. T. Miller and wife
  102 Fla. 767· Fla.· 1931-08-06 ·cited 49×
  The Florida Supreme Court reversed a judgment for defendants in a negligence case where the plaintiff was injured as a guest in an automobile negligently operated by an adult son with the owner's knowledge and consent. The court held that automobile owners are liable for negligen
• Shager v. Upjohn Co. & Asgrow Seed Co.
  913 F.2d 398· 7th Cir.· 1990-09-17 ·cited 48×
  Summary judgment for the employer was improper because the plaintiff presented sufficient evidence from which a rational factfinder could infer that the employer's stated reason for termination was a pretext for age discrimination.
• Malak v. Associated Physicians, Inc.
  784 F.2d 277· 7th Cir.· 1986-02-24 ·cited 48×
  The court held that the district court erred in granting summary judgment because there was a genuine issue of material fact regarding whether the defendants' conduct constituted state action. The court reversed and remanded for further proceedings.
• Simmons, Inc. v. Pinkerton's, Inc.
  762 F.2d 591· 7th Cir.· 1985-05-28 ·cited 48×
  The dissenting judge argues that the erroneous jury instruction and admission of irrelevant evidence were not harmless errors and warrant a new trial.
• Tarpley v. Greene
  684 F.2d 1· D.C. Cir.· 1982-07-02 ·cited 48×
  The court held that the District Court erred in granting summary judgment for officers Booth and Greene regarding the June 9, 1978 search because it applied an erroneous legal standard requiring proof of assault and battery. The court also held that municipalities are not subject
• Miller v. Bank OF Am.
  600 F.2d 211· 9th Cir.· 1979-06-28 ·cited 48×
  An employer is liable under Title VII and § 1981 for a supervisor's discriminatory actions, even if those actions violate company policy, and employees are not required to exhaust internal company remedies before suing.
• Hamilton v. V.E. Rodgers
  791 F.2d 439· 5th Cir.· 1986-06-13 ·cited 47×
  The court held that the Fire Department could not be held liable under § 1983 for employee discrimination absent official policy or custom, and that compensatory damages for physical decline were not sufficiently proven. However, supervisors were liable under Title VII and § 1983
• Williams v. Feather Sound, Inc.
  386 So. 2d 1238· Fla. 2d DCA· 1980-07-16 ·cited 47×
  An employee of Feather Sound assaulted a condominium resident. The court held that while employers are not required to conduct background checks for all positions, when an employee is given access to residents' living quarters, the employer has a duty to make reasonable inquiry i
• Levoy Jasper Meredith v. State OF Ariz.
  523 F.2d 481· 9th Cir.· 1975-09-30 ·cited 47×
  The concurring judge agrees with the dismissal of claims against the State and prison physician but dissents from the reversal of the dismissal of claims against Correctional Officer Miller and the remand for further consideration of claims against other prison officials.
• Royal G. RAY & Morrison Assurance Co. v. Earl
  277 So. 2d 73· Fla. 2d DCA· 1973-04-25 ·cited 47×
  The court held that Earl, a bailee who allowed a third party to drive the owner's car and was injured as a passenger, remains an insured under the car owner's liability policy and therefore cannot be sued by the owner's insurer for indemnity. This case addresses the scope of omni
• Standard OIL Co. OF Tex. & Pasotex Pipe Line Co. v. United States
  307 F.2d 120· 5th Cir.· 1962-08-15 ·cited 47×
  A corporation cannot be held criminally liable for the acts of unfaithful employees who act outside the scope of their employment and without intent to benefit the corporation, even if those acts involve violating a statute.
• Solomon Lusby v. T.G. & Y. Stores, Inc.
  749 F.2d 1423· 10th Cir.· 1984-11-23 ·cited 46×
  The court held that the jury's verdicts for civil rights violations under 42 U.S.C. § 1983 against the defendants were largely supported by the evidence, and that the plaintiffs substantially complied with the Oklahoma Political Subdivision Tort Claims Act notice requirement.
• Lou J. D'Iorio v. Cnty. OF Del. & Faith Ryan Whittlesey
  592 F.2d 681· 3d Cir.· 1978-12-20 ·cited 46×
  The court held that the district court should have abstained from deciding the constitutional claims until the relevant state law issues, particularly the interpretation of the Delaware County Home Rule Charter, were resolved by the Pennsylvania state courts.
• Marr v. Rife
  503 F.2d 735· 6th Cir.· 1974-09-26 ·cited 46×
  The court held that federal law, not state law, governs vicarious liability under the Fair Housing Act, and that the District Court should clarify its reasoning for the awards of compensatory damages, costs, and attorney fees.
• Scelta v. Delicatessen Support Servs., Inc.
  89 F. Supp. 2d 1311· M.D. Fla.· 2000-03-27 ·cited 45×
  The court held that the plaintiff had sufficiently alleged prima facie cases for quid pro quo and hostile environment sexual harassment under Title VII and the FCRA, and that her claims were not time-barred due to the continuing violation doctrine.
• Allen v. Scribner
  812 F.2d 426· 9th Cir.· 1987-03-05 ·cited 45×
  The court held that the plaintiff failed to present sufficient evidence to establish essential elements of his claims for demotion and harassment, thus summary judgment for the defendants was appropriate.
• Merrill Lynch v. Melamed
  453 So. 2d 858· Fla. 4th DCA· 1984-07-13 ·cited 45×
  Merrill Lynch and employee Brian Sheen sought to compel arbitration of claims arising from a cash management account agreement with Helen Melamed. The court held that the Federal Arbitration Act preempts conflicting state law provisions and requires arbitration of fraud, punitive
• Signal OIL & GAS Co. v. The Barge W-701
  654 F.2d 1164· 5th Cir.· 1981-09-04 ·cited 45×
  The court held that Williams' statutory limitation of liability does not apply due to its breach of a "personal contract" to provide adequate insurance coverage to McDermott.
• Eckart R. Straub v. Vaisman & Co., Inc.
  540 F.2d 591· 3d Cir.· 1976-06-15 ·cited 45×
  The court held that the district court had discretion to award attorney's fees under the circumstances of the case, disagreeing with the majority's reversal of that award.
• Roce Simpson v. City OF Miami
  155 So. 2d 829· Fla. 3d DCA· 1963-08-06 ·cited 45×
  A municipal corporation does not enjoy immunity from liability for intentional torts of its police officers committed in the course or scope of their employment. Hargrove v. Town of Cocoa Beach extended municipal liability under respondeat superior to both negligent and intention
• Urs Koechli v. BIP Int'l, Inc.
  870 So. 2d 940· Fla. 1st DCA· 2004-04-26 ·cited 44×
  Non-signatory agents and officers of a contracting party may compel arbitration under the signatory's arbitration agreement when they acted as representatives of the signatory in performing the contract and the claims against them arise from that representative capacity. The cour
• Castlebeery v. Edward M. Chadbourne, Inc.
  810 So. 2d 1028· Fla. 1st DCA· 2002-03-12 ·cited 44×
  The court held that summary judgment on the sexual harassment claim was improperly granted because factual issues remained regarding the employer's notice and remedial actions, but summary judgment on the negligence claims was proper as they were barred by a workers' compensation
• Scelta v. Delicatessen Support Servs., Inc.
  57 F. Supp. 2d 1327· M.D. Fla.· 1999-06-03 ·cited 44×
  The court held that the plaintiff sufficiently alleged a prima facie case of sexual harassment under Title VII and the FCRA, and that the defendants' motions to dismiss were denied as to those claims.
• Nasuti v. Scannell
  906 F.2d 802· 1st Cir.· 1990-06-29 ·cited 44×
  The court held that the district court's remand order was reviewable by mandamus and must be vacated because the Attorney General's scope certification under the Westfall Act is conclusive for removal purposes, and the district court cannot remand without first making its own det
• Kitchen v. Chippewa Valley Schs.
  825 F.2d 1004· 6th Cir.· 1987-07-31 ·cited 44×
  The court held that the district court did not err in exercising pendent jurisdiction over the state law retaliation claim, nor in its jury instructions or decision to grant a jury trial for that claim. However, the court's finding of school board liability for retaliation under
• Kibbe v. City OF Springfield
  777 F.2d 801· 1st Cir.· 1985-11-27 ·cited 44×
  The court held that a jury could reasonably find a municipality liable under 42 U.S.C. § 1983 for gross negligence in training its police officers, even if the harm resulted from a single evening's events, provided there is evidence beyond the incident itself linking the training
• Berry v. McLEMORE
  670 F.2d 30· 5th Cir.· 1982-03-08 ·cited 44×
  A municipality cannot be held liable under § 1983 absent evidence that the constitutional deprivation was pursuant to an official policy or custom, and a plaintiff cannot recover attorney fees from a party dismissed from the suit. However, the district court abused its discretion
• Paul F. Newton & Co. & Daniel O'Connell v. Tex. Commerce Bank
  630 F.2d 1111· 5th Cir.· 1980-11-21 ·cited 44×
  Common law agency principles, including respondeat superior, remain viable for imposing secondary liability under the Securities Exchange Act, independent of the controlling person provisions (§ 20(a)).
• Lauro De Los Santos v. Scindia Steam Navigation Co., Ltd.
  598 F.2d 480· 9th Cir.· 1979-05-01 ·cited 44×
  A shipowner can be held liable for injuries to a longshoreman if the owner knew or should have known of a dangerous condition and failed to exercise reasonable care to protect the longshoreman.
• Kite v. Kelley
  546 F.2d 334· 10th Cir.· 1976-11-29 ·cited 44×
  Federal officers cannot be held monetarily liable for a subordinate's misconduct absent an affirmative link showing their participation or acquiescence in the constitutional deprivation.
• Local 636 OF the United Ass'n OF Journeymen & Apprentices OF the Plumbing & Pipe Fitting Indus. OF the United States & Canada, AFL-CIO v. Nat'l Labor Relations Bd.
  287 F.2d 354· D.C. Cir.· 1961-01-19 ·cited 44×
  An employer can be held responsible for "interference" in union affairs due to supervisor participation, even if acting in good faith, if that participation tends to inhibit rank-and-file members' rights to express views. Section 14(a) of the LMRA does not guarantee supervisors t
• Stanley v. Powers
  125 Fla. 322· Fla.· 1936-09-22 ·cited 44×
  In this personal injury case involving a vehicle collision, the Florida Supreme Court reversed a $15,000 judgment for the plaintiff, finding the verdict was unsupported by the overwhelming physical and corroborated eyewitness evidence and that the trial court abused its discretio
• DOE v. Dist. OF Columbia
  701 F.2d 948· D.C. Cir.· 1983-01-11 ·cited 43×
  The court held that the Eighth Amendment's prohibition against cruel and unusual punishment is not satisfied by merely showing that prison conditions are worse than average; rather, it is defined by evolving standards of decency.
• Van Howell v. Tanner
  650 F.2d 610· 5th Cir.· 1981-07-13 ·cited 43×
  The court held that summary judgment was properly granted for most defendants based on probable cause and lack of personal involvement, but reversed dismissal of the claim against Louis Raulerson for alleged assault. Venue transfer was affirmed.
• Whetzel v. Metro. Life Ins. Co.
  266 So. 2d 89· Fla. 4th DCA· 1972-08-11 ·cited 43×
  An insurance company employee won a three-day trip to Miami as a sales incentive, and was injured in a car accident at 3:30 a.m. while bar-hopping with colleagues. The plaintiff sued for negligence under respondeat superior, but the court affirmed a directed verdict for the defen
• Cohen v. Arvin
  878 So. 2d 403· Fla. 4th DCA· 2004-06-09 ·cited 42×
  Cohen & Cohen sued former partners Harvey Cohen and Gary Juda for tortious interference with business relationships, alleging they conspired with attorney Kenneth Arvin to steal clients and form a competing firm. The appellate court affirmed summary judgment against Cohen & Cohen
• Nesbitt v. Cmty. Health OF S. Dade, Inc.
  467 So. 2d 711· Fla. 3d DCA· 1985-03-19 ·cited 42×
  A medical malpractice case where the plaintiff alleged negligent discharge of her son from a psychiatric facility, resulting in his death. The appellate court reversed the jury verdict for the defendant physician because the trial court improperly admitted evidence of other hospi
• Irby v. Sullivan
  737 F.2d 1418· 5th Cir.· 1984-08-06 ·cited 42×
  The court held that Title VII provides the exclusive remedy for retaliation claims, precluding a section 1983 claim for such violations, but section 1981 can be a basis for a retaliation claim. The court also found that public employees without a property interest in employment a
• Yrma M. Signo, M.D. v. Fla. Farm Bureau Cas. Ins. Co.
  454 So. 2d 3· Fla. 4th DCA· 1984-07-11 ·cited 42×
  Dr. Yrma Signo and her husband appealed a summary judgment dismissing their negligence action against produce companies and a truck owner. After an initial suit based on respondeat superior was dismissed, they filed an amended complaint asserting the same liability based on a bai
• Northside Realty Assocs., Inc. v. United States
  605 F.2d 1348· 5th Cir.· 1979-11-05 ·cited 42×
  The court held that compensatory damages for nonparties cannot be awarded in a civil contempt action brought by the government to enforce a Fair Housing Act injunction, as such relief exceeds the scope and purpose of contempt proceedings and is unnecessary given available private
• Charline Hamilton v. Jess Chaffin
  506 F.2d 904· 5th Cir.· 1975-01-15 ·cited 42×
  The court affirmed the trial court's judgment, holding that the City of Booneville is immune from suit under Section 1983 and that the jury's verdict on the remaining claims was supported by the evidence and proper instructions.
• Degitz v. S. Mgmt. Servs., Inc.
  996 F. Supp. 1451· M.D. Fla.· 1998-03-10 ·cited 41×
  Summary judgment is granted in part and denied in part, with genuine issues of material fact precluding summary judgment on the hostile work environment claims.
• Beresford N. Springer v. Seamen
  821 F.2d 871· 1st Cir.· 1987-06-16 ·cited 41×
  The court held that proximate causation for the individual defendants' actions was a jury question, and that the doctrine of respondeat superior applies to claims under 42 U.S.C. § 1981.
• Hunt v. Liberty Lobby
  720 F.2d 631· 11th Cir.· 1983-11-28 ·cited 41×
  The dissenting judge holds that the district court's jury instructions, despite containing a legally incorrect statement, do not amount to reversible error because the party failed to object at trial and the charge as a whole properly guided the jury.
• Saudi Arabian Airlines Corp. v. Dunn
  438 So. 2d 116· Fla. 1st DCA· 1983-09-14 ·cited 41×
  Saudi Arabian Airlines appealed a jury verdict finding it liable under respondeat superior for negligent injuries caused by its employee Al-Faqeer's automobile accident. The court affirmed, holding sufficient evidence supported the employer-employee relationship and that Al-Faqee
• Garris v. Rowland
  678 F.2d 1264· 5th Cir.· 1982-06-24 ·cited 41×
  The court held that the jury's finding of no probable cause supported the Fourth Amendment violation claim, but Officer Rowland was entitled to qualified immunity due to jury findings of good faith. Municipal liability was not established without proof of a policy or custom.
• City OF Miami v. Albro
  120 So. 2d 23· Fla. 3d DCA· 1960-05-02 ·cited 41×
  The City of Miami and officer Clark appealed a jury verdict awarding damages to a plaintiff for personal injuries allegedly caused by police officers during an arrest. The court held that municipalities can be liable for torts committed by police officers under respondeat superio
• Jarzynka v. St. Thomas Univ. Sch. of Law
  310 F. Supp. 2d 1256· S.D. Fla.· 2004-03-23 ·cited 40×
  The court held that a university is not liable in negligence for academic or disciplinary decisions absent malice, and that tortious interference claims do not lie against an agent of a contracting party.