Respondeat Superior

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

• Avery v. Cnty. OF Burke
  660 F.2d 111· 4th Cir.· 1981-10-02 ·cited 30×
  Summary judgment for the county and its boards was improper because genuine issues of material fact exist regarding whether their policies or customs, or lack thereof, caused the plaintiff's constitutional deprivation.
• Dorsey v. Honda Motor Co. Ltd.
  655 F.2d 650· 5th Cir.· 1981-09-11 ·cited 30×
  The court held that the district court erred in setting aside the jury's award of punitive damages against Honda and that the issue of Continental Casualty's liability for those damages requires further consideration under Florida law regarding insurance coverage for punitive dam
• Jones v. City OF Memphis
  586 F.2d 622· 6th Cir.· 1978-09-19 ·cited 30×
  A municipality cannot be held liable under the doctrine of respondeat superior for the constitutional torts of its employees when sued directly under the Fourteenth Amendment and 28 U.S.C. § 1331.
• Smith v. Spina
  477 F.2d 1140· 3d Cir.· 1973-04-24 ·cited 30×
  The court held that a state tort claim, even if arising from the same facts as a federal civil rights claim, is governed by state law and requires proper pleading for federal jurisdiction. The court also found no reversible error in the trial court's evidentiary rulings or jury i
• Betty v. Pace
  409 F.2d 331· 7th Cir.· 1969-04-01 ·cited 30×
  The court held that the defendant was not liable for the driver's negligence because the driver was using the vehicle for personal purposes and not within the scope of his employment under Indiana law.
• Alden v. Providence Hosp.
  382 F.2d 163· D.C. Cir.· 1967-07-07 ·cited 30×
  The court held that the hospital and its resident physician were not liable for alleged negligence in diagnosis and transfer, as the evidence did not establish a duty on their part and responsibility lay with the attending physician and the polio foundation.
• United States v. Becker
  378 F.2d 319· 9th Cir.· 1967-05-16 ·cited 30×
  The court held that the pilot was an employee of the United States under the FTCA and that the damages award was proper under Arizona law.
• E. L. Cheeney Co. & Edmon Lewis Fregia v. Gates
  346 F.2d 197· 5th Cir.· 1965-06-10 ·cited 30×
  The court held that admitting evidence of specific prior charges for driving while intoxicated was error, and that while the presumption of scope of employment was not conclusively rebutted as a matter of law, the evidence was sufficient to require jury submission.
• Chapin v. United States
  258 F.2d 465· 9th Cir.· 1958-06-30 ·cited 30×
  The court held that a soldier traveling on a permanent change of station is not acting within the scope of his employment under California law, and therefore the United States is not liable for his negligence during such travel.
• Althea G. Williams v. United States
  215 F.2d 800· 9th Cir.· 1954-09-08 ·cited 30×
  The United States is not liable under the Federal Tort Claims Act for the negligent acts of a soldier occurring when the soldier is off duty and engaged in personal recreation, as such acts are not considered to be within the scope of his employment or 'in line of duty'.
• City of Miami v. Bethel
  65 So. 2d 34· Fla.· 1953-04-28 ·cited 30×
  The Florida Supreme Court reversed a judgment awarding damages to Bethel for injuries sustained from a beating by Miami police officers, holding that municipalities are immune from liability for tortious acts committed by police officers in the exercise of governmental functions.
• Fernandez v. Fla. Nat'l Coll., Inc.
  925 So. 2d 1096· Fla. 3d DCA· 2006-03-29 ·cited 29×
  Plaintiffs appealed the grant of summary judgment in favor of Florida National College (FNC) in a negligence case arising from a motor vehicle accident. The court affirmed, holding that the defendant college could not be held liable because the employee-driver was not acting with
• Barbetta v. S/S Bermuda Star
  848 F.2d 1364· 5th Cir.· 1988-06-29 ·cited 29×
  General maritime law does not impose respondeat superior liability on a ship owner for the negligence of a ship's doctor, and the evidence presented did not raise a genuine issue of material fact regarding negligent hiring.
• Rosenthal & Co. v. Commodity Futures Trading Comm'n
  802 F.2d 963· 7th Cir.· 1986-10-03 ·cited 29×
  A commodities broker can be held strictly liable under the Commodity Exchange Act for the fraudulent acts of its registered representative, even if the broker lacked knowledge of the fraud, provided the acts were within the scope of the agency.
• Quintin Orpiano v. Johnson
  632 F.2d 1096· 4th Cir.· 1980-09-17 ·cited 29×
  The court held that supervisory prison officials were not liable for deliberate indifference based on a single incident, but affirmed the judgment against the guards directly involved in the assault.
• Boggs v. Blue Diamond Coal Co.
  590 F.2d 655· 6th Cir.· 1979-01-23 ·cited 29×
  The court should affirm the district court's judgment because the factual prerequisites for immunity under the Act were satisfied, and a formal contract is not required for such immunity.
• Emil Petitte v. Welch
  167 So. 2d 20· Fla. 3d DCA· 1964-09-01 ·cited 29×
  The court held that the complaint failed to state a cause of action against the owner because the automobile was not being operated by the owner's agent or servant.
• Brown v. Moore
  247 F.2d 711· 3d Cir.· 1957-06-27 ·cited 29×
  The court held that a for-profit sanitarium, by holding itself out as providing medical treatment through its staff, is liable under respondeat superior for the malpractice of its employed physician, even if that physician is considered an independent contractor in other contexts
• In & for Kent Cnty. Earl Strong
  2009 WL 2365675· Del. Super. Ct.· 2013-06-27 ·cited 28×
  The court granted summary judgment for the defendants, finding they were immune from tort liability under the Delaware County and Municipal Tort Claims Act and alternatively under 42 U.S.C. § 1983. The court determined that the plaintiff failed to establish a viable claim against
• Alfred Vincent Hess, M.D. v. Noreen Walton
  898 So. 2d 1046· Fla. 2d DCA· 2005-03-16 ·cited 28×
  Dr. Hess and Florida Orthopaedic Institute (FOI) appeal an award of attorneys' fees under Florida Rule of Civil Procedure 1.442 and section 768.79, challenging the plaintiff's strategy of making separate, differentiated settlement offers to two defendants—one actively negligent a
• Craighead v. E.F. Hutton & Co., Inc.
  899 F.2d 485· 6th Cir.· 1990-03-28 ·cited 28×
  The court affirmed the dismissal of the plaintiffs' federal securities and RICO claims, finding that the allegations lacked the requisite particularity under Federal Rule of Civil Procedure 9(b) and that certain statutes and rules did not provide for private causes of action.
• Scott & Jobalia Constr. Co., Inc. v. Halifax Paving, Inc.
  538 So. 2d 76· Fla. 5th DCA· 1989-02-02 ·cited 28×
  Halifax Paving sued Scott & Jobalia Construction for common law indemnity after paying a settlement to an injured employee (Grier) who was struck by a pipe that fell from Halifax's crane while being operated at Scott & Jobalia's direction. The court reversed the jury verdict for
• Nazworth v. Swire Fla., Inc.
  486 So. 2d 637· Fla. 1st DCA· 1986-04-04 ·cited 28×
  Florence Nazworth appealed a summary judgment in her wrongful death and personal injury action arising from an automobile collision involving a security guard employed by Consultants Realty, which managed Gateway Shopping Center for Swire Florida. The trial court ruled that Consu
• Clarence Eugene Jones aka Asmar Habeeb-Ullah Saleem v. Dr. Johnson
  781 F.2d 769· 9th Cir.· 1986-01-31 ·cited 28×
  The court held that the plaintiff's allegations sufficiently stated a claim for deliberate indifference to serious medical needs under the Fourteenth Amendment, and that claims against the county and supervisors could be based on official policy or custom.
• Khushro Ghandi v. Police Dep't OF the City OF Detroit
  747 F.2d 338· 6th Cir.· 1984-10-18 ·cited 28×
  The court affirmed dismissal of claims against the FBI based on sovereign immunity and affirmed summary judgment for federal agents due to qualified immunity and lack of evidence. It reversed summary judgment for some federal defendants and remanded for further proceedings.
• Williams v. Butler
  746 F.2d 431· 8th Cir.· 1984-10-15 ·cited 28×
  The court held that a city cannot be held liable under § 1983 solely based on an individual official's act if that act does not represent an official city policy or custom.
• Wine v. The United States
  705 F.2d 366· 10th Cir.· 1983-04-11 ·cited 28×
  Claims arising from intentional torts committed by government employees are barred by 28 U.S.C. § 2680(h), regardless of whether the employee was on or off duty, or if the claim is framed as negligence.
• Paxman v. Campbell
  612 F.2d 848· 4th Cir.· 1980-01-02 ·cited 28×
  The maternity leave policies requiring pregnant teachers to cease teaching at mandatory times violated the due process clause of the Fourteenth Amendment under Cleveland Board of Education v. LaFleur. School board members sued in their individual capacities are entitled to qualif
• Schenck v. The Gov't OF Guam
  609 F.2d 387· 9th Cir.· 1979-12-06 ·cited 28×
  The court held that Guam Memorial Hospital did not have an independent legal duty to supervise or review surgery performed by a private physician using hospital facilities, and the evidence was insufficient to establish respondeat superior liability.
• Black v. United States
  534 F.2d 524· 2d Cir.· 1976-04-23 ·cited 28×
  The court held that the Anti-Injunction Act barred injunctive relief and that the complaint failed to state a claim for damages due to lack of specificity regarding personal responsibility of officials.
• Rivello v. Cooper City
  322 So. 2d 602· Fla. 4th DCA· 1975-11-21 ·cited 28×
  Wayne Rivello appealed the dismissal of his amended complaint against municipal judge John Harrington and the City of Cooper City, alleging negligence, false imprisonment, and malicious prosecution arising from the judge's revocation of his probation. The court affirmed the dismi
• Gerardi v. Carlisle
  232 So. 2d 36· Fla. 1st DCA· 1969-12-30 ·cited 28×
  The Gerardi plaintiffs sued vehicle owner Bobby Polk and recovered a judgment, which Polk satisfied by depositing funds in the court registry without the plaintiffs' acceptance. The plaintiffs then sued the vehicle operator Elizabeth Carlisle for the same negligent operation. The
• Peak Drilling Co. v. Halliburton Oil Well Cementing Co.
  215 F.2d 368· 10th Cir.· 1954-08-16 ·cited 28×
  The court held that the Oklahoma Workmen's Compensation Act's exclusivity provision bars a third-party claim for indemnity when the employer's negligence is alleged to be active and primary, absent an independent contractual relationship.
• Halliburton Oil Well Cementing Co. v. Paulk
  180 F.2d 79· 5th Cir.· 1950-02-16 ·cited 28×
  The court held that Halliburton, as the general employer, remained liable for the negligence of its employee Harvey, and that the work order did not provide Halliburton with indemnity against its own negligence.
• Quick v. Peoples Bank OF Cullman Cnty.
  993 F.2d 793· 8th Cir.· 1993-06-21 ·cited 27×
  The court held that respondeat superior can apply to RICO actions if the enterprise benefits from the violation, and that the plaintiffs' petition for attorney fees was untimely under local rules.
• Cabrales v. Cnty. OF LOS Angeles
  864 F.2d 1454· 9th Cir.· 1988-12-28 ·cited 27×
  The court affirmed the denial of the JNOV motion, the denial of summary judgment, and the jury verdict, finding that the defendants waived sufficiency of evidence arguments by failing to move for a directed verdict. The court also affirmed the attorneys' fees award, finding no ab
• Josiah Haynesworth and Fred Hancock v. Miller
  820 F.2d 1245· D.C. Cir.· 1987-05-29 ·cited 27×
  The court's holding is not a single unified one, but rather a series of concurrences and disagreements on various claims and dismissals.
• Mazzilli v. James W. Doud & the City of Hialeah
  485 So. 2d 477· Fla. 3d DCA· 1986-03-25 ·cited 27×
  Mazzilli and Story, DEA agents, were shot by police officer Doud during an arrest operation and sued the City of Hialeah and Doud for personal injury, assault and battery, negligence, and civil rights violations. The court affirmed the directed verdict dismissing the municipal ci
• Rankin v. Colman
  476 So. 2d 234· Fla. 5th DCA· 1985-08-29 ·cited 27×
  Roberta Rankin appealed the dismissal of her complaint alleging that Sheriff Colman unconstitutionally conducted a strip and body cavity search on her after her arrest for a traffic violation (failure to produce a driver's license). The appellate court reversed the dismissal, hol
• In re Covington Grain Co., Inc. v. Wiley Deal
  638 F.2d 1357· 5th Cir.· 1981-03-13 ·cited 27×
  The denial of a petition for substitution is an appealable order under the collateral order doctrine, but the bankruptcy and district courts did not abuse their discretion in denying the petition for substitution.
• Price v. Gray's Guard Serv., Inc.
  298 So. 2d 461· Fla. 1st DCA· 1974-07-16 ·cited 27×
  Roy Price's estate sued Gray's Guard Service and its insurer after Price was shot and killed by guard Petty during an unprovoked assault. The court affirmed summary judgment for the defendants, holding that Petty acted in lawful self-defense when he fired upon Price and Motes who
• Evanoff v. City OF ST. Petersburg
  186 So. 2d 68· Fla. 2d DCA· 1966-04-29 ·cited 27×
  In this negligence case, the court reversed a summary judgment entered in favor of the City of St. Petersburg, holding that the plaintiff stated a jury question regarding municipal liability for injuries sustained when a fleeing suspect's vehicle struck the plaintiff's car during
• Int'l Shoe Co. v. Hewitt
  123 Fla. 587· Fla.· 1936-03-31 ·cited 27×
  In this wrongful death action arising from a fatal automobile accident, the Florida Supreme Court addresses issues of party joinder, tort liability under respondent superior, and damages calculation. The court affirms the judgment against all defendants jointly but reduces the ve
• Tsuji v. Fleet
  366 So. 3d 1020· Fla.· 2023-06-29 ·cited 26×
  Section 733.710(1) bars claims filed more than two years after a decedent's death against the decedent's estate and personal representative, regardless of whether the plaintiff seeks recovery only from casualty insurance. The term "liable" in section 733.710(1) means legally resp
• Vernon v. Med. Mgmt. Assocs. of Margate, Inc.
  912 F. Supp. 1549· S.D. Fla.· 1996-01-16 ·cited 26×
  The court held that individual defendants cannot be sued under Title VII, but claims for battery and intentional infliction of emotional distress against employers and supervisors may proceed under certain circumstances.
• Equal Emp. Opportunity Comm'n v. Hacienda Hotel
  881 F.2d 1504· 9th Cir.· 1989-08-10 ·cited 26×
  The court held that the Hacienda Hotel's practices of terminating pregnant employees, failing to accommodate religious beliefs, and retaliating against employees for opposing discrimination violated Title VII. The court also affirmed liability for sexual harassment creating a hos
• Shah v. Cnty. OF LOS Angeles
  797 F.2d 743· 9th Cir.· 1986-08-15 ·cited 26×
  The court held that a claim for substantive due process violation is not barred by the availability of state remedies, and that a municipal liability claim based on alleged policy or custom cannot be dismissed on the pleadings alone.
• Grotta v. State OF R.I.
  781 F.2d 343· 1st Cir.· 1986-01-17 ·cited 26×
  A state that waives its Eleventh Amendment immunity is a "person" suable under 42 U.S.C. § 1983, but liability requires proof of a state policy or custom causing the deprivation, not just respondeat superior.
• The City OF Miami v. Harris
  490 So. 2d 69· Fla. 3d DCA· 1985-12-17 ·cited 26×
  The City of Miami appealed a jury verdict finding it liable under 42 U.S.C. § 1983 for a municipal policy regarding high-speed police pursuits that resulted in the death of an innocent bystander, Mrs. Doretha Rolle, when police rammed a suspect's vehicle into a bus bench. The cou
• Daniels v. Williams
  748 F.2d 229· 4th Cir.· 1984-11-16 ·cited 26×