SCHROEDER

v.

ROZUM

Citator

Cited By (20 total)

• Atl. Coast Dev. Corp. v. Napoleon Steel Contractors, Inc., 385 So. 2d 676 (Fla. 3d DCA 1980)
  …ng from the delegated duties if breached. Accord Restatement (Second) of Agency § 214 and Ch. 14 Title C. Introductory Note (1958); Restatement (Second) of Torts § 427 (1965); see Mills v. Krauss, 114 So. 2d 817, 819 (Fla. 2d DCA 1959), cert. denied 119 So. 2d 293 (Fla.1960). In discussing nondelegable duties and indemnity, Chief Judge Breitel, for the Court of Appeals in New York, in Kelly v. Diesel Const. Div. of Carl A. Morse, Inc., 35 N.Y.2d 1, 7, 315 N.E. 2d 751, 754, 358 N.Y.S.2d 685, 689-90 (1974), st…
• Jaar v. The Univ. OF Miami, 474 So. 2d 239 (Fla. 3d DCA 1985)
  …ligently treated patient, failure to instruct jury that hospital may not escape contractual liability to provide emergency room care by use of independent contractor-doctor is error); Mills v. Krauss, 114 So. 2d 817 (Fla. 2d DCA 1959), cert. denied, 119 So. 2d 293 (Fla.1960). The [*244] University, having contracted with the Trust to provide medical care to hospital patients, remains liable for negligent acts performed by its employee in executing its contract obligations. For these reasons, we hold that the…
• Gertrude Tozier v. Jarvis, 469 So. 2d 884 (Fla. 4th DCA 1985)
  …presumption to be rebutted by appropriate testimony, another line of cases has defined the type of evidence that is insufficient to overcome the presumption. In Kimenker v. Greater Miami Car Rental, 115 So. 2d 191 (Fla. 3d DCA 1959), cert. denied, 119 So. 2d 293 (Fla.1960), the presumption wás not rebutted when the defendant hit the plaintiffs from behind while the plaintiffs were stopped at a red light. The defendant driver was apparently distracted by a bus, and put on some evidence that the bus may have…

Authorities Cited

• Corbett v. Milo F. Mitvalsky, 114 So. 2d 836 (Fla. 3d DCA 1959)