Respondeat Superior

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

• Bordanaro v. McLEOD
  871 F.2d 1151· 1st Cir.· 1989-03-30 ·cited 40×
  The court held that the jury's verdicts against the City of Everett under 42 U.S.C. § 1983 were supported by sufficient evidence, both based on an unconstitutional custom of breaking down doors without a warrant and on a policy of deliberate indifference to inadequate training an
• Greenberg v. Sala
  822 F.2d 882· 9th Cir.· 1987-07-21 ·cited 40×
  The court held that a complaint based on reasonable inquiry, even with some factual errors, is not frivolous and does not warrant Rule 11 sanctions.
• J. C. Motor Lines, Inc. v. Trailways BUS Sys., Inc.
  689 F.2d 599· 5th Cir.· 1982-10-21 ·cited 40×
  A party who fails to object to the omission of special issues or the form of special interrogatories in the trial court waives the right to raise these issues on appeal.
• Marv Hixon v. Sherwin-Williams Co.
  671 F.2d 1005· 7th Cir.· 1982-02-12 ·cited 40×
  A pendent party must independently satisfy the amount in controversy requirement for diversity jurisdiction, and a principal is generally not liable for the torts of an independent contractor unless the activity is inherently hazardous or the contractor was negligently selected.
• Eleanore Higginbotham Aretz v. United States
  604 F.2d 417· 5th Cir.· 1979-10-15 ·cited 40×
  The court held that a contracting purchaser may owe a duty to warn a manufacturer's employees of hazards involved in making the product, and failure to warn can be proximate cause of injury.
• Edwards & Hanly v. Wells Fargo Sec. Clearance Corp.
  602 F.2d 478· 2d Cir.· 1979-06-27 ·cited 40×
  The court held that the plaintiff broker-dealer failed to exercise due diligence and its own negligence was the proximate cause of its loss, precluding recovery from the clearing agent for alleged aiding and abetting securities fraud.
• Gordon v. City OF W. Palm Beach
  321 So. 2d 78· Fla. 4th DCA· 1975-10-10 ·cited 40×
  Gordon's estate sued West Palm Beach for wrongful death resulting from a motorcycle-automobile collision at a poorly designed intersection. The Fourth District Court of Appeal held that municipalities retain tort liability for negligence in street design, construction, and mainte
• City of Green Cove Springs v. Donaldson
  348 F.2d 197· 5th Cir.· 1965-06-28 ·cited 40×
  A municipality is not liable for an employee's intentional tort if the act was committed outside the scope of employment and for the employee's own purposes.
• Mazer v. Hattie Lipschutz
  327 F.2d 42· 3d Cir.· 1963-12-30 ·cited 40×
• Riordan v. Kempiners
  831 F.2d 690· 7th Cir.· 1987-09-08 ·cited 39×
  The court held that the district court improperly excluded probative evidence on the plaintiff's Section 1983 claim, requiring reversal and remand. The court affirmed the dismissal of the Equal Pay Act claim based on the presented facts but remanded for reconsideration due to evi
• Yates v. Avco Corp.
  819 F.2d 630· 6th Cir.· 1987-05-21 ·cited 39×
• Jackson v. Procunier
  789 F.2d 307· 5th Cir.· 1986-05-09 ·cited 39×
  The court held that a prisoner's pro se complaint alleging intentional delay of legal mail, resulting in the dismissal of his civil appeal, stated a claim for the intentional deprivation of a constitutional right of access to the courts, not merely a negligent tort.
• Commodity Futures Trading Comm'n v. Premex, Inc.
  655 F.2d 779· 7th Cir.· 1981-07-28 ·cited 39×
  The court held that a civil contempt citation was proper even without proof of intentional misconduct, and that the award of attorney's fees and expenses to the CFTC was appropriate.
• Jennings v. Ilus W. Davis
  476 F.2d 1271· 8th Cir.· 1973-04-20 ·cited 39×
  The court held that respondeat superior is not available to impose vicarious liability under 42 U.S.C. § 1983 for a defendant who has no personal involvement in the alleged deprivation of rights, and that negligence claims also failed due to lack of affirmative duty or personal i
• Schmauss v. Snoll
  245 So. 2d 112· Fla. 3d DCA· 1971-02-09 ·cited 39×
  Sarah Schmauss appealed the dismissal of her negligence suit against Metropolitan Dade County for injuries from a car accident allegedly caused by the county's negligent maintenance of a stop sign and painted stop line. The court affirmed the dismissal on sovereign immunity groun
• Knell v. Feltman
  174 F.2d 662· D.C. Cir.· 1949-04-27 ·cited 39×
  Contribution may be enforced between concurrent tortfeasors who are not intentional wrongdoers, even if the plaintiff did not obtain a judgment against all of them.
• Varnes v. Seaboard Air Line Ry. Co.
  80 Fla. 624· Fla.· 1920-10-29 ·cited 39×
  Administratrix of Robert Fox's estate sued Seaboard Air Line Railway for wrongful death after Fox was shot by C.C. Hicks while trespassing on a freight train. The court affirmed a directed verdict for the defendant, holding that the plaintiff failed to prove Hicks was the railroa
• K.H. v. Morgan
  914 F.2d 846· 7th Cir.· 1990-09-24 ·cited 38×
  The court held that defendants are not entitled to immunity for placing a child with a known abusive foster parent, as this right was clearly established. However, a general claim of shuttling children among foster homes is too novel for damages liability.
• Collins v. City OF SAN Diego
  841 F.2d 337· 9th Cir.· 1988-03-10 ·cited 38×
  The court affirmed the district court's judgment, holding that the plaintiff's Title VII claim was abandoned or time-barred, and her § 1983 claim failed because the municipality cannot be held liable under a respondeat superior theory and the supervisor was not a final policymake
• Martha Molton for the Estate of William Molton v. City OF Cleveland
  839 F.2d 240· 6th Cir.· 1988-02-01 ·cited 38×
  The court held that the City of Cleveland could not be held liable under § 1983 for the decedent's suicide due to a lack of evidence of a municipal policy or custom, but affirmed the jury's verdict on state law claims of wrongful death and assault and battery.
• Del Raine v. Carlson
  826 F.2d 698· 7th Cir.· 1987-08-14 ·cited 38×
  The court held that the magistrate erred in dismissing the entire complaint for failure to make timely service, as the plaintiff is entitled to expungement of his segregation record and the issue of timely service for damages claims requires further determination.
• Hollins v. Powell
  773 F.2d 191· 8th Cir.· 1985-09-11 ·cited 38×
  The court held that a mayor's actions, when taken under the authority of his office, can represent official policy, making the municipality liable under § 1983. The court also found that the damage awards were excessive and ordered a remittitur.
• Dunn v. The State OF Tenn.
  697 F.2d 121· 6th Cir.· 1982-12-30 ·cited 38×
  A claim for malicious prosecution under 42 U.S.C. § 1983 can be actionable if it alleges a deprivation of constitutional rights under color of state law, and such a claim accrues upon the favorable termination of the underlying criminal proceeding.
• Greiner v. Volkswagenwerk Aktiengeselleschaft & Volkswagen of Am., Inc.
  540 F.2d 85· 3d Cir.· 1976-06-29 ·cited 38×
  The court held that evidence of the driver's alcohol consumption was admissible due to accompanying evidence of reckless driving, and that the trial court erred in not submitting the failure-to-warn issue to the jury.
• Hale v. Olvalene H. Adams
  117 So. 2d 524· Fla. 1st DCA· 1960-01-26 ·cited 38×
  The court held that an automobile owner may sue the driver operating the vehicle with the owner's consent for negligence, despite the doctrine that imputes the driver's negligence to the owner in third-party actions. The trial court erred in dismissing the owner's complaint for f
• Hinson v. United States
  257 F.2d 178· 5th Cir.· 1958-07-23 ·cited 38×
  The court held that an Army officer traveling to his first duty assignment in his own vehicle, with travel expenses covered and subject to military discipline, was acting within the scope of his employment under Georgia law.
• City OF Miami v. Oates
  152 Fla. 21· Fla.· 1942-12-01 ·cited 38×
  The City of Miami operates a municipal hospital and is sued by Rosa Oates for severe burns sustained when an interne negligently applied a hot cautery instrument near alcohol-saturated gauze during a procedure. The court holds that municipal hospital operation is a proprietary co
• Mrs. Florence M. Hall and John L. Hall v. Seaboard Air Line Ry. Co.
  84 Fla. 9· Fla.· 1921-08-15 ·cited 38×
  Mrs. Hall sued Seaboard Air Line Railway for damages for an assault committed by another passenger, Bruce Davis, in a Pullman sleeping car, alleging the railroad's porter negligently failed to respond to her emergency calls for help. The Florida Supreme Court reversed a directed
• Nolan v. Moore
  81 Fla. 594· Fla.· 1920-06-10 ·cited 38×
  The Florida Supreme Court reversed a wrongful death judgment, holding that the wrongful death statute (Section 3147, General Statutes 1906, as amended) does not permit a parent to sue an individual for the tort of that individual's employee. The statute allows actions against cor
• St. Johns & Halifax R.R. Co. v. Shalley
  33 Fla. 397· Fla.· 1894-01-01 ·cited 38×
  A railroad company appealed a judgment for $1,805 awarded to a landowner for property damage caused by fire negligently started by railroad workers during construction. The Florida Supreme Court affirmed, holding that the workers were servants, not independent contractors, and th
• J.O. and P.O. v. Alton Cmty. Unit Sch. Dist. 11
  909 F.2d 267· 7th Cir.· 1990-08-03 ·cited 37×
  The court held that it has jurisdiction to review both the dismissal of federal claims and the remand of pendent state claims, and that the plaintiffs should have been allowed to amend their complaint.
• Dillon v. Afbic Dev. Corp.
  597 F.2d 556· 5th Cir.· 1979-06-21 ·cited 37×
  The court held that real estate agents and their employees who knowingly participate in or facilitate racially motivated refusals to sell property are liable under the Fair Housing Act and 42 U.S.C. § 1982, even if the ultimate seller is not liable.
• Christoffel v. E. F. Hutton & Co., Inc.
  588 F.2d 665· 9th Cir.· 1978-08-21 ·cited 37×
  A brokerage firm is not a "controlling person" under Section 20(a) of the Securities Exchange Act of 1934 if it merely employed an individual who, while acting as a guardian, misappropriated estate funds, as the firm did not participate in or have the legal power to control the g
• Franza v. Royal Caribbean Cruises, Ltd.
  772 F.3d 1225· 11th Cir.· 2014-11-10 ·cited 36×
  Patricia Franza, as representative of her father Pasquale Vaglio's estate, appealed the dismissal of her maritime negligence suit against Royal Caribbean Cruises for medical malpractice committed by the ship's nurse and doctor while the vessel was docked in Bermuda. The Eleventh
• Alterra Healthcare Corp. & Deanne M. Smith as to Alterra Sterling House of Tallahassee v. The Est. OF Jeanette Kelley Linton
  953 So. 2d 574· Fla. 1st DCA· 2007-02-28 ·cited 36×
  This appeal addresses whether an arbitration clause in a nursing home residency agreement is enforceable against the estate of a deceased resident with advanced Alzheimer's disease. The court affirmed that the arbitration agreement was binding and severable despite containing dam
• Layne v. Vinzant
  657 F.2d 468· 1st Cir.· 1981-07-31 ·cited 36×
  The court held that the evidence did not support the jury's findings of deliberate indifference to serious medical needs or improper transfer, and that the plaintiff failed to prove supervisory liability or loss of legal materials.
• Mihara v. Dean Witter & Co., Inc.
  619 F.2d 814· 9th Cir.· 1980-05-23 ·cited 36×
  The court held that the evidence supported the jury's findings of churning and breach of fiduciary duty, affirming the judgment.
• Carmen Carrillo vda de Cerich v. Sameit Westbulk and Johan Hagenes
  514 F.2d 1214· 1st Cir.· 1975-04-14 ·cited 36×
  The court held that defendants failed to properly preserve objections to jury instructions on damages and that their indemnity claim against the stevedore was procedurally flawed. The award of counsel fees to the stevedore was vacated for further findings.
• Dugas v. Nat'l Aircraft Corp.
  438 F.2d 1386· 3d Cir.· 1971-02-26 ·cited 36×
  The Death on the High Seas Act (DOHSA) does not preclude recovery under a state survival statute, and awards for future voluntary contributions under DOHSA must be supported by specific findings and evidence, not mere speculation.
• McARTHUR Jersey Farm Dairy, Inc. v. Burke
  240 So. 2d 198· Fla. 4th DCA· 1970-10-14 ·cited 36×
  McArthur Jersey Farm Dairy, Inc. appeals a jury verdict awarding damages to the Burkes for injuries sustained when the dairy's off-duty minor employee negligently backed a car into Mrs. Burke while she stood on the dairy premises. The court affirms, holding that an employer may b
• Town OF Mount Dora v. Bryant
  128 So. 2d 4· Fla. 2d DCA· 1961-03-15 ·cited 36×
  The Town of Mount Dora appealed a summary judgment finding it liable for wrongful death resulting from a collision involving a vehicle being pursued by a municipal police officer. The appellate court reversed, holding that the issue of negligence and proximate causation presented
• Mercury CAB Owners' Ass'n v. Jones
  79 So. 2d 782· Fla.· 1955-04-29 ·cited 36×
  The Florida Supreme Court reversed judgment against a cab owners' association for negligence, holding that the jury verdict finding the association not liable was supported by substantial evidence and that the trial judge erred in overruling the jury's determination that the asso
• Boland v. Love
  222 F.2d 27· D.C. Cir.· 1955-03-17 ·cited 36×
  The court held that the owner of a car is not liable for the negligent operation of the vehicle by an employee who stole it and drove it off the premises without permission, even if the owner knew of the employee's prior criminal record.
• Hubsch v. United States
  174 F.2d 7· 5th Cir.· 1949-04-20 ·cited 36×
  The court held that the Federal Tort Claims Act requires the employee to be acting within the scope of employment, and Florida's doctrine of owner liability for negligent entrustment does not apply to waive sovereign immunity.
• Hartquist v. Tamiami Trail Tours, Inc.
  139 Fla. 328· Fla.· 1939-07-18 ·cited 36×
  Hartquist sued Tamiami Trail Tours for negligence after being struck by an unsecured trailer door while lawfully using a public sidewalk. The Florida Supreme Court reversed the trial court's dismissal on demurrer, holding that the declaration sufficiently alleged a duty of care a
• Starrett v. Wadley
  876 F.2d 808· 10th Cir.· 1989-05-22 ·cited 35×
  The court held that sexual harassment can violate the Fourteenth Amendment's Equal Protection Clause and that a supervisor's termination of an employee can constitute official policy for which a county may be liable under Section 1983, but other acts of harassment may not.
• Ingrid Croce v. Bromley Corp.
  623 F.2d 1084· 5th Cir.· 1980-08-14 ·cited 35×
  Mustang is liable for the actions of Roberts Airways based on estoppel, and the court reverses separate awards for mental anguish and loss of affection, remanding for a single award.
• Baggett v. Richardson
  473 F.2d 863· 5th Cir.· 1973-02-13 ·cited 35×
  The court held that the plaintiff failed to prove the unions were liable under respondeat superior and that the damages awarded were adequate under Louisiana tort law.
• Webster v. Cora M. Snyder
  103 Fla. 1131· Fla.· 1932-01-07 ·cited 35×
  The Florida Supreme Court reversed a judgment dismissing a negligence action where the plaintiff married the defendant's negligent servant. The court held that marriage to the servant abates the plaintiff's direct claim against the servant but does not eliminate the plaintiff's r
• Iglesia Cristiana La CASA Del SEÑOR, Inc. v. L.M.
  783 So. 2d 353· Fla. 3d DCA· 2001-05-02 ·cited 34×
  The Third District Court of Appeal reversed a jury verdict holding a church vicariously liable and negligently supervising a pastor who sexually assaulted a minor member, finding as a matter of law that the pastor's criminal conduct fell outside the scope of his employment and th