Comparative Fault

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

• Cleveland Chouest v. A & P Boat Rentals, Inc.
  472 F.2d 1026· 5th Cir.· 1973-01-24 ·cited 32×
  An employer-intervenor who benefits from a plaintiff's recovery against a shipowner must compensate the plaintiff's lawyer for their efforts if the intervenor's counsel acts adversely to the plaintiff's cause.
• Gaines Ted Huson v. Chevron OIL Co.
  430 F.2d 27· 5th Cir.· 1970-07-14 ·cited 32×
  The court held that the Louisiana one-year statute of limitations does not bar the plaintiff's claim, and the doctrine of laches applies instead.
• Oriental Trading & Transp. Co. v. Gulf Oil Corp.
  173 F.2d 108· 2d Cir.· 1949-02-28 ·cited 32×
  The court held that the 'Brown' proved its statutory fault in failing to signal did not contribute to the collision, and that the 'Gulfcoast' failed to prove the 'Brown's' other alleged faults caused the collision.
• Lorillard Tobacco Co. v. Alexander
  123 So. 3d 67· Fla. 3d DCA· 2013-09-04 ·cited 31×
  Lorillard Tobacco Company appeals a jury verdict awarding damages to Dorothy Alexander for the smoking-related death of her husband Coleman. The court affirmed the $10 million remitted compensatory damages award and $25 million punitive damages award, rejecting Lorillard's challe
• Mrs. Katrina Pavlides v. Galveston Yacht Basin, Inc.
  727 F.2d 330· 5th Cir.· 1984-01-30 ·cited 31×
  The court held that the trial court applied an erroneous standard for the duty to warn and misapplied the burden of proof regarding actual knowledge, requiring a remand.
• Brink's Inc. v. The City OF NEW York
  717 F.2d 700· 2d Cir.· 1983-09-06 ·cited 31×
  The court affirmed the jury's verdict and damage awards, finding sufficient evidence for punitive damages and upholding the trial court's rulings on evidentiary matters and jury instructions.
• The People OF the State OF Cal. v. The Italian Motorship Ilice
  534 F.2d 836· 9th Cir.· 1976-03-05 ·cited 31×
  The court held that the case must be remanded to determine comparative fault under the new rule established in U.S. v. Reliable Transfer Co., and that the ship remains liable in rem for the compulsory pilot's negligence despite the owner's lack of personal liability.
• Circle J Dairy, Inc. v. A.O. Smith Harvestore Prods., Inc.
  790 F.2d 694· 8th Cir.· 1986-05-12 ·cited 30×
  The court held that while the refusal to instruct on comparative fault was error, the jury's damage instruction effectively served the same purpose, and sufficient evidence supported the awards for lost milk production and herd damage. Errors regarding the deceit claim were harml
• Agrico Chem. Co. v. M/V BEN W. Martin (ex: M/V Greenville)
  664 F.2d 85· 5th Cir.· 1981-12-17 ·cited 30×
  The court held that both Brent and Logicon were negligent and equally liable for the cargo loss, reversing the district court's finding of sole liability on Brent.
• Philip Morris USA, Inc. v. Hess
  95 So. 3d 254· Fla. 4th DCA· 2012-05-02 ·cited 29×
  Philip Morris USA appeals a judgment in favor of the estate of Stuart Hess, a deceased smoker, in an Engle progeny tobacco liability case. The court affirms the application of Engle findings on strict liability and negligence claims but reverses the fraudulent concealment claim a
• R.J. Reynolds Tobacco Co. v. Marotta
  214 So. 3d 590· Fla.· 2017-04-06 ·cited 28×
  The Florida Supreme Court held that federal law does not implicitly preempt state law strict liability and negligence claims brought by Engle progeny plaintiffs against tobacco manufacturers. The court rejected the argument that imposing tort liability for cigarette sales amounts
• R.J. Reynolds Tobacco Co. v. Hiott
  129 So. 3d 473· Fla. 1st DCA· 2014-01-03 ·cited 28×
  R.J. Reynolds Tobacco Company appeals a jury verdict awarding damages to the estate of Kenneth Hiott for smoking-related death, raising challenges to the admission of evidence regarding Reynolds' federal litigation against tobacco warnings, the denial of a statute of repose jury
• Lochrane Eng'g, Inc. v. Willingham Realgrowth Inv. Fund, Ltd.
  552 So. 2d 228· Fla. 5th DCA· 1989-10-12 ·cited 28×
  This case addresses the proper measure of damages for breach of implied warranty in the sale of new residential units with an inadequate septic tank system, and the liability of a design engineer for negligent design. The court held that damages should be limited to repair costs
• Philip Morris USA, Inc. v. Tullo
  121 So. 3d 595· Fla. 4th DCA· 2013-08-07 ·cited 27×
  This appeal addresses whether a trial court properly instructed the jury on concurring causes for Engle class membership and whether improper closing arguments by plaintiff's counsel warranted a new trial in a tobacco death case. The Fourth District affirmed the jury verdict awar
• Philip Morris USA, Inc. v. Lucinda Naugle
  103 So. 3d 944· Fla. 4th DCA· 2012-12-12 ·cited 27×
  Philip Morris USA appeals a judgment awarding Lucinda Naugle $36.7 million for injuries caused by cigarette addiction. The court affirmed the liability findings under Engle tobacco litigation principles but reversed and remanded for a new trial on damages, finding the jury's awar
• Ass'n FOR Retarded Citizens-Volusia, Inc. v. Fletcher
  741 So. 2d 520· Fla. 5th DCA· 1999-06-18 ·cited 27×
  ARC operated a summer camp where a 17-year-old boy with uncontrolled seizures drowned and died from aspirated water and subsequent ARDS. The trial court granted summary judgment preventing ARC from arguing that negligent medical treatment caused the death, and the jury found ARC
• United States v. Cannons Eng'g Corp.
  899 F.2d 79· 1st Cir.· 1990-03-20 ·cited 27×
  The court affirmed the district court's approval of CERCLA consent decrees, finding them procedurally and substantively fair, and reasonable, deferring to the EPA's expertise in structuring settlements.
• Jules Simeon, Sr. v. T. Smith & SON, Inc.
  852 F.2d 1421· 5th Cir.· 1988-08-10 ·cited 27×
  The court held that concurrent tortfeasors in maritime law are jointly and severally liable, even when the plaintiff is contributorily negligent, and this rule applies to a Jones Act defendant alongside a general maritime law defendant. The court also found that the jury's award
• Copeland v. The Celotex Corp.
  447 So. 2d 908· Fla. 3d DCA· 1984-03-06 ·cited 27×
  This case of first impression in Florida addresses whether plaintiffs exposed to asbestos products over many years can recover damages when they cannot identify which manufacturer's specific product caused their injuries. The court adopts the market share liability doctrine, allo
• Nash v. Gen. Motors Corp.
  734 So. 2d 437· Fla. 3d DCA· 1999-04-28 ·cited 25×
  Brian Nash, as personal representative of his deceased wife Maria Nash's estate, appeals a products liability verdict in favor of General Motors and Potamkin Chevrolet, challenging the trial court's exclusion of a biased juror and admission of prejudicial evidence regarding the o
• In re U.S. OIL AND GAS Litigation. Gerald B. Wald v. Gurdon Wolfson
  967 F.2d 489· 11th Cir.· 1992-07-28 ·cited 25×
  In this case of first impression in the Eleventh Circuit, the court affirmed a district court's settlement bar order extinguishing a settling defendant's cross-claims against another settling defendant in a complex oil and gas securities fraud class action. Pinnacle Reinsurance c
• Ceja v. Mike Hooks, Inc.
  690 F.2d 1191· 5th Cir.· 1982-11-08 ·cited 25×
  The court held that a seaman's failure to seek or obtain a longer tow line was not contributory negligence, but failure to heed warnings to move from a dangerous position could be. The court also reversed the denial of prejudgment interest and the deduction of maintenance from lo
• Mason v. Texaco, Inc.
  948 F.2d 1546· 10th Cir.· 1991-11-18 ·cited 24×
  The court held that the trial court did not err in retrying punitive damages after a general remand, and that there was sufficient evidence for the jury to find against the Coast Guard. However, the court remanded for a remittitur on the punitive damages award.
• Cent. Rivers Towing, Inc. v. City OF Beardstown
  750 F.2d 565· 7th Cir.· 1984-12-06 ·cited 24×
  The court held that the City was liable for negligently failing to remove a submerged bridge pier that became a hazard, and that the United States was liable for the Coast Guard's failure to properly mark the obstruction. The court also affirmed the district court's findings on c
• Verrett v. McDONOUGH Marine Serv.
  705 F.2d 1437· 5th Cir.· 1983-05-31 ·cited 24×
  The court held that the district court's findings of negligence against Superior Oil and Boudreaux Towing, and the finding of no contributory negligence by the plaintiff, were not clearly erroneous, but the award of damages for future pain was erroneous.
• The First Nat'l Bank OF Chicago v. Material Serv. Corp.
  597 F.2d 1110· 7th Cir.· 1979-04-27 ·cited 24×
  The court held that Material Service's statutory faults contributed to the collision, but also found the decedent, Hart, contributorily negligent, requiring apportionment of damages.
• Rich v. United States Lines, Inc.
  596 F.2d 541· 3d Cir.· 1979-03-06 ·cited 24×
  The court affirmed the judgment notwithstanding the verdict because the plaintiff failed to present evidence on the theories of liability argued to the district court, despite the concurring judge's view that a negligence claim under land-based theories might have been viable.
• Bd. OF Comm'rs OF the Port OF NEW Orleans v. M/V Farmsum
  574 F.2d 289· 5th Cir.· 1978-06-05 ·cited 24×
  The court held that the M/V FARMSUM was solely at fault for the collision with the wharf, reversing the lower court's finding of contributory fault against the INGRAM.
• Mark J. Letzter, M.D. v. Cephas
  792 So. 2d 481· Fla. 4th DCA· 2001-01-24 ·cited 23×
  In this medical malpractice appeal, the court addressed whether an initial treating physician (Dr. Letzter) could be held liable for subsequent medical negligence by a second treating physician (Dr. Armand) under the Stuart v. Hertz doctrine, and whether non-economic damages must
• Rachelle M. Stellas v. Alamo Rent-A-Car, Inc.
  673 So. 2d 940· Fla. 3d DCA· 1996-05-22 ·cited 23×
  In a direct negligence action against a rental car company for failure to warn of dangers in a particular area, the Florida No-Fault Motor Vehicle statute does not apply, and plaintiffs need not prove permanent injury to recover noneconomic damages. A jury may apportion fault bet
• O'Gilvie v. Int'l Playtex, Inc.
  821 F.2d 1438· 10th Cir.· 1987-06-18 ·cited 23×
  The court held that the trial court erred in reducing the punitive damages award based on post-trial events and that the plaintiff did not waive his right to appeal the remittitur. The court also affirmed the jury's liability verdict and rejected Playtex's arguments regarding com
• Grossman v. SEA AIR Towers
  513 So. 2d 686· Fla. 3d DCA· 1987-09-01 ·cited 22×
  The court affirmed a jury's finding of liability against an architect and structural engineers for a deck collapse caused by underdesign, and also affirmed a judgment for indemnity between the defendants.
• Smith & Kelly Co. v. The S/S Concordia Tadj
  718 F.2d 1022· 11th Cir.· 1983-11-03 ·cited 22×
  The court held that the Ryan indemnity doctrine, which required stevedores to indemnify shipowners for injuries to longshoremen, does not apply to injuries sustained by seamen at sea, and that damages should be apportioned based on comparative fault.
• LeSUEUR Creamery, Inc. v. Haskon, Inc.
  660 F.2d 342· 8th Cir.· 1981-09-17 ·cited 22×
  The court held that a jury's negligence verdict can be sustained even with other claims, and that damages must be reduced by the plaintiff's percentage of contributory negligence as required by statute.
• Unterburger v. The Snow Co., Inc.
  630 F.2d 599· 8th Cir.· 1980-09-10 ·cited 22×
  The court held that the district court did not err in admitting evidence of subsequent remedial measures, refusing to instruct on product modification or assumption of risk, or revising the jury's answer regarding causation.
• Gumbs v. Int'l Harvester, Inc.
  718 F.2d 88· 3d Cir.· 1983-09-30 ·cited 21×
  The court held that a buyer must prove actual reliance on the seller's skill or judgment to establish a breach of implied warranty of fitness for a particular purpose, and that the elements of strict products liability and breach of implied warranty of merchantability are general
• Philip Morris USA Inc. v. Boatright
  217 So. 3d 166· Fla. 2d DCA· 2017-04-12 ·cited 20×
  In this tobacco liability case, the Second District Court of Appeal largely affirmed a $32.75 million judgment against Philip Morris and Liggett for a smoker's COPD and his wife's loss of consortium, but reversed and remanded on the issue of comparative fault reduction, holding t
• R.J. Reynolds Tobacco Co. v. Grossman
  211 So. 3d 221· Fla. 4th DCA· 2017-01-04 ·cited 20×
  R.J. Reynolds Tobacco Company appeals a judgment in favor of the estate of Laura Grossman, a smoker who died of lung cancer. The court largely affirmed the judgment but reversed and remanded regarding comparative fault reduction of compensatory damages, holding that comparative n
• BDO Seidman v. Banco Espirito Santo Int'l
  38 So. 3d 874· Fla. 3d DCA· 2010-06-23 ·cited 20×
  BDO Seidman appeals a jury verdict awarding over $159 million in compensatory damages and $351 million in punitive damages. The Florida appellate court reverses and remands for a new trial, finding that the trial court's "trifurcation" of the case—requiring the jury to determine
• Sanchez v. Int'l Park Condo. Ass'n, Inc.
  563 So. 2d 197· Fla. 3d DCA· 1990-06-26 ·cited 20×
  The appellate court reversed the denial of a new trial, holding that a new trial should be granted when a juror makes derogatory ethnic remarks, regardless of whether those remarks demonstrably influenced the verdict.
• In re P & E Boat Rentals, Inc. v. Ennia Gen. Ins. Co.
  872 F.2d 642· 5th Cir.· 1989-05-10 ·cited 20×
  The court held that a time charterer can be liable for its own negligence, not just for unseaworthiness or crew negligence. It also held that punitive damages against a principal for an agent's conduct require authorization, ratification, or reckless hiring, aligning with a more
• The Ohio River Co. v. Peavey Co.
  731 F.2d 547· 8th Cir.· 1984-04-04 ·cited 20×
  The court held that the district court erred in setting the prejudgment interest rate based on other cases rather than evidence presented, and that the salvage costs were properly allocated.
• Valley Towing Serv., Inc. v. S/S Am. Wheat
  618 F.2d 341· 5th Cir.· 1980-06-04 ·cited 20×
  The court held that the Inland Rules of Navigation requiring fog signals apply to vessels navigating near a fog bank when another vessel might emerge. The court also found ambiguity in the lower court's ruling on the point-bend custom and remanded for clarification and potential
• McPHAIL v. Municipality OF Culebra
  598 F.2d 603· 1st Cir.· 1979-05-09 ·cited 20×
  The court held that appellants could not raise new theories on appeal after failing to present them to the trial court and failing to object to jury instructions that excluded those theories.
• Martin v. Royal Caribbean Cruises, Ltd.
  310 F.R.D. 678· S.D. Fla.· 2025-08-11 ·cited 19×
  The court denied the motion to strike the defendant's Tenth Affirmative Defense, finding it sufficiently pleaded as a superseding cause defense.
• Philip Morris USA, Inc. v. Ledoux
  230 So. 3d 530· Fla. 3d DCA· 2017-10-18 ·cited 19×
  Philip Morris USA and R.J. Reynolds Tobacco Company appealed a jury verdict awarding $10 million in compensatory damages and $12.5 million each in punitive damages to the estate of Patricia Ledoux, who died from lung cancer allegedly caused by smoking cigarettes manufactured by d
• Ray Cruise & Epic Mortg. & Fin. Servs., Inc. v. Graham
  622 So. 2d 37· Fla. 4th DCA· 1993-07-07 ·cited 19×
  In a real estate transaction dispute, Graham sought damages for fraudulent misrepresentation when mortgage lender Epic Mortgage and employee Ray Cruise secured a first mortgage exceeding the agreed-upon limit, preventing Graham from protecting his second mortgage position. The tr
• Philip Morris USA Inc. v. Cohen
  102 So. 3d 11· Fla. 4th DCA· 2012-09-12 ·cited 18×
  Philip Morris USA and R.J. Reynolds Tobacco Company appealed a jury verdict awarding compensatory and punitive damages to the estate of Nathan Cohen, an Engle-progeny tobacco litigation case. The Fourth District affirmed the $10 million compensatory damages award but reversed the
• Petit Paul Dorestin and Jeannette K. Dorestin v. Hollywood Imports, Inc.
  45 So. 3d 819· Fla. 4th DCA· 2010-08-11 ·cited 18×
  The Dorestins purchased a vehicle from Maroone Honda after participating in fraud by falsifying employment information on a credit application. A jury found Maroone liable for fraudulent inducement and FDUTPA violations, but the trial court entered judgment notwithstanding the ve
• Allstate Ins. Co. v. Rush
  777 So. 2d 1027· Fla. 4th DCA· 2000-12-27 ·cited 18×
  This case addresses how uninsured motorist (UM) carriers are entitled to credits against damages awards when an injured party settles with an underinsured tortfeasor before trial. The court held that a UM carrier's credit is limited to the damages that could have been recovered f