Comparative Fault

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

• Lewis v. Timco, Inc.
  736 F.2d 163· 5th Cir.· 1984-07-12 ·cited 18×
  The court held that the trial court clearly erred in finding the injured worker 50% comparatively negligent, as his actions were not unreasonable under the circumstances and he was following orders.
• Tamala Jo Ryan v. McDONOUGH Power Equip., Inc.
  734 F.2d 385· 8th Cir.· 1984-05-16 ·cited 18×
  The court held that the district court did not abuse its discretion in granting a new trial based on the weight of the evidence and in including third-party defendants in that new trial, and that the exclusion of certain evidence and a jury instruction in the second trial was not
• Araujo v. Woods Hole
  693 F.2d 1· 1st Cir.· 1982-11-03 ·cited 18×
  The court held that Woods Hole was not entitled to indemnification from NET, either contractually or tort-based, and that the district court properly denied Woods Hole's motions for a directed verdict and judgment notwithstanding the verdict.
• Philip Morris USA Inc. v. Chadwell
  338 So. 3d 831· Fla. 3d DCA· 2024-06-19 ·cited 17×
  Philip Morris appeals from a wrongful death judgment in an Engle-progeny tobacco case. The court reverses the fraud and conspiracy claims for insufficient evidence of detrimental reliance under the new Prentice II standard, but affirms the negligence and strict liability verdicts
• Earth Trades, Inc. v. T & G Corp.
  108 So. 3d 580· Fla.· 2013-01-24 ·cited 17×
  The Florida Supreme Court held that a party's knowledge that a contractor is unlicensed is legally insufficient to establish the in pari delicto defense in a breach of contract action under Florida Statute § 489.128. The Court resolved a direct conflict between the Fifth and Thir
• Poole v. The Lowell Dunn Co.
  573 So. 2d 51· Fla. 3d DCA· 1990-12-26 ·cited 17×
  Homeowners sued quarry operators for damages caused by blasting operations, claiming nuisance and strict liability. The trial court directed a verdict on strict liability but limited damages to property harm, excluded emotional distress, and gave jury instructions on causation an
• Huffman v. Caterpillar Tractor Co.
  908 F.2d 1470· 10th Cir.· 1990-04-18 ·cited 17×
  The court held that Colorado's Comparative Fault statute, as applied to product liability actions, defines 'fault' broadly to include ordinary negligence, and that federal law governs the recovery of expert witness fees in diversity cases.
• McADAM v. Dean Witter Reynolds, Inc.
  896 F.2d 750· 3d Cir.· 1990-02-13 ·cited 17×
  The court held that the jury's award on the UCC counts was duplicative and unsustainable because it exceeded the plaintiff's net loss after accounting for refunds.
• Bosnor v. TUG L.A. Barrios
  796 F.2d 776· 5th Cir.· 1986-08-13 ·cited 17×
  The court held that a bareboat charterer has a proprietary interest sufficient to recover economic losses, and that the Ryan doctrine's application in maritime property damage cases is superseded by comparative fault principles.
• R.J. Reynolds Tobacco Co. v. Whitmire
  260 So. 3d 536· Fla. 1st DCA· 2018-12-18 ·cited 16×
  In this Engle-progeny tobacco litigation case, the court addresses whether a plaintiff must prove individual detrimental reliance on specific fraudulent statements by a tobacco company to succeed on a fraudulent concealment claim. The court holds that Engle plaintiffs must prove
• Smith v. Hooligan's PUB & Oyster BAR, Ltd.
  753 So. 2d 596· Fla. 3d DCA· 2000-02-16 ·cited 16×
  The Smith family appealed a wrongful death judgment against a bar for negligent security after their son was killed in an altercation outside the establishment. The court reversed and remanded for a new trial, holding that the trial court improperly admitted character evidence re
• Jovanovich v. United States
  813 F.2d 1035· 9th Cir.· 1987-04-01 ·cited 16×
  The court affirmed the judgment because the government raised its appellate issues for the first time on appeal and failed to preserve them in the trial court.
• Nunley v. M/V Dauntless Colocotronis
  727 F.2d 455· 5th Cir.· 1984-03-19 ·cited 16×
  The court held that the negligent upriver defendants were liable for damages caused by a subsequent collision with a sunken barge, contrary to established interpretation of the Wreck Act.
• Prince v. Leesona Corp., Inc.
  720 F.2d 1166· 10th Cir.· 1983-11-07 ·cited 16×
  The court held that the Kansas savings statute applies to actions initially filed in another state, and that the Kansas Comparative Negligence Act properly allows for the allocation of fault to a "phantom" employer in a products liability case.
• Griffith v. Wheeling-Pittsburgh Steel Corp.
  657 F.2d 25· 3d Cir.· 1981-08-11 ·cited 16×
  The court reinstated its prior judgment, holding that the Supreme Court's decision in Scindia did not alter the prior determination that American Commercial Lines, Inc. was negligent in delivering a barge with a known defective cover mechanism.
• Phipps v. The S.S. Santa Maria
  418 F.2d 615· 5th Cir.· 1969-11-19 ·cited 16×
  The court held that the trial court's assessment of comparative fault must be reconsidered in light of specific regulatory violations and the distinct causes of unseaworthiness.
• Lorillard Tobacco Co. ("Lorillard") v. Mrozek
  106 So. 3d 479· Fla. 1st DCA· 2012-12-21 ·cited 15×
  Lorillard appeals a $15.2 million judgment in a wrongful death case brought by Michelle Mrozek as an Engle class plaintiff. The court affirms, holding that Mrozek satisfied the class definition because her mother was addicted to nicotine cigarettes and died of lung cancer caused
• Philip Morris USA, Inc. v. Barbanell
  100 So. 3d 152· Fla. 4th DCA· 2012-10-17 ·cited 15×
  Philip Morris appealed a wrongful death judgment in favor of the estate of Shirley Barbanell, claiming the statute of limitations barred the claims. The court affirmed the trial judgment, holding that knowledge of a smoking-related respiratory disease does not trigger the statute
• Fla. Power & Light Co. v. Goldberg
  856 So. 2d 1011· Fla. 3d DCA· 2002-05-22 ·cited 15×
  Florida Power & Light Company appeals a wrongful death judgment for $37.4 million awarded after its employee negligently disabled a traffic signal during emergency repairs, causing a fatal multi-vehicle collision. The appellate court affirmed liability but remitted the damages to
• Seminole Gulf Railway v. Fassnacht
  635 So. 2d 142· Fla. 2d DCA· 1994-04-15 ·cited 15×
  Under Florida Statute § 768.81(3), a defendant's liability for noneconomic damages must be determined on the basis of that defendant's percentage of fault, requiring reduction of the plaintiff's award by the defendant's comparative negligence percentage.
• Wal-Mart Stores, Inc. v. Budget Rent-A-Car Sys.
  567 So. 2d 918· Fla. 1st DCA· 1990-09-04 ·cited 15×
  Wal-Mart appeals the dismissal of its contribution claim against vehicle rental companies and related parties after paying a judgment in a personal injury case. The court reverses, holding that Florida law—not Georgia law—applies to Wal-Mart's contribution claim under the dangero
• Beacham v. Lee-Norse and Ingersoll-Rand
  714 F.2d 1010· 10th Cir.· 1983-07-14 ·cited 15×
  The court held that the trial court did not err in excluding evidence related to the defendant's affirmative defenses of assumption of risk, misuse, and alteration, as the evidence did not establish these defenses as a matter of law.
• Mar. Overseas Corp. v. Ne. Petroleum Indus., Inc.
  706 F.2d 349· 1st Cir.· 1983-04-26 ·cited 15×
  Indemnity was not warranted because the shipowner was actively negligent, but contribution is allowed between the joint tortfeasors based on their relative fault.
• AETNA Cas. & Sur. Co. v. Jeppesen & Co.
  642 F.2d 339· 9th Cir.· 1981-04-20 ·cited 15×
  The court held that the trial court erred in finding the crew free from negligence and in its method of apportioning damages.
• Sobik's Sandwich Shops, Inc. v. Davis
  371 So. 2d 709· Fla. 4th DCA· 1979-06-06 ·cited 15×
  Sobik's and State Farm appealed a trial court's denial of their motion for contribution against Jackson's insurance carrier under Florida's Uniform Contribution Among Joint Tortfeasors Act. The court held that a settlement and release negotiated by the injured claimant's counsel
• Philip Morris USA, Inc. v. Duignan
  243 So. 3d 426· Fla. 2d DCA· 2017-11-15 ·cited 14×
  This Florida appellate case reverses and remands a judgment for the estate of a deceased smoker in an Engle progeny tobacco liability suit, finding two critical trial errors: the trial court's instruction regarding jury readback of a key defense witness's deposition testimony was
• Hess v. Hess
  758 So. 2d 1203· Fla. 4th DCA· 2000-05-17 ·cited 14×
  This case addresses whether a probate court must consider comparative fault under Florida's wrongful death statute when allocating settlement proceeds that are negotiated before suit is filed. The court held that section 768.20 of the Florida Statutes applies to pre-suit settleme
• Hardy v. Gulf OIL Corp.
  949 F.2d 826· 5th Cir.· 1992-01-07 ·cited 14×
  A party that settles with the plaintiff after a judgment waives any right to contribution or indemnity from other defendants.
• Garnac Grain Co., Inc. v. F.Duane Blackley
  932 F.2d 1563· 8th Cir.· 1991-05-17 ·cited 14×
  The court held that the exclusion of Professor Howard Stettler's expert testimony was an abuse of discretion, requiring reversal of summary judgment on earlier claims, but affirmed the exclusion of other expert testimony and the dismissal of a contract counterclaim.
• Dohmen-Ramirez v. Commodity Futures Trading Comm'n & Ronald Ho
  837 F.2d 847· 9th Cir.· 1988-01-20 ·cited 14×
  The court held that the Commodity Futures Trading Commission (CFTC) did not err in affirming the Administrative Law Judge's (ALJ) finding that Handy was acting as an agent for Dohmen-Ramirez and Wellington, making them liable for Handy's fraudulent acts under the Commodity Exchan
• Zeno v. The Great Atl. & Pac. TEA Co.
  803 F.2d 178· 5th Cir.· 1986-10-24 ·cited 14×
  The court held that the jury's award of general damages was excessive and disproportionate to the plaintiff's injuries.
• Robertson v. Superior PMI, Inc.
  791 F.2d 402· 5th Cir.· 1986-06-11 ·cited 14×
  The court held that comparative fault should not be applied to reduce the manufacturer's strict liability in this case, as doing so would not realistically promote careful product use and would undermine the goals of products liability doctrine.
• Oglebay Norton Co. v. CSX Corp.
  788 F.2d 361· 6th Cir.· 1986-04-14 ·cited 14×
  A wharfinger's breach of the implied warranty of workmanlike service entitles a shipowner to indemnity, and the shipowner's negligence does not preclude recovery unless it prevents or seriously hampers the wharfinger's performance.
• N. States Power Co. v. Itt Meyer Indus.
  777 F.2d 405· 8th Cir.· 1985-11-14 ·cited 14×
  The court held that the buyer's notice of breach was timely as a matter of law and that express warranties created by technical specifications were not disclaimed by the contract's limitation of liability clause.
• Dobson v. D.R. Camden
  705 F.2d 759· 5th Cir.· 1983-05-26 ·cited 14×
  The dissenting judge argues the majority erred in rejecting the one-satisfaction rule for § 1983 cases, creating a new tort scheme without authority and misinterpreting deterrence principles.
• Reyes v. Vantage S.S. Co., Inc.
  672 F.2d 556· 5th Cir.· 1982-04-09 ·cited 14×
  The court held that the trial court properly allowed withdrawal of an admission regarding bankruptcy notice and that the bankruptcy discharge defense lacked merit.
• Flowers Transp., Inc. v. M/V Peanut Hollinger
  664 F.2d 112· 5th Cir.· 1981-12-18 ·cited 14×
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment.
• Tolar v. Kinsman Marine Transit Co.
  618 F.2d 1193· 6th Cir.· 1980-04-08 ·cited 14×
  The court affirmed the award, finding the shipowner negligent and the vessel unseaworthy, and that the plaintiff's injuries permanently disabled him from his former occupation.
• McCUNE v. F. Alioto Fish Co.
  597 F.2d 1244· 9th Cir.· 1979-05-30 ·cited 14×
  The court held that a settlement agreement mooted the plaintiff's claim against the shipowner, and that the plaintiff's claim against the manufacturer was barred by laches due to inexcusable delay and prejudice. The court also held that the shipowner's indemnity claim against the
• Price v. Mosler
  483 F.2d 275· 5th Cir.· 1973-08-10 ·cited 14×
  The court held that the district court did not err in refusing to order a new trial based on the plaintiff's alleged misstatements about a prior injury or the jury's verdict regarding contributory negligence, and that the maintenance award was not excessive.
• LaBARGE v. Cnty. OF Mariposa
  798 F.2d 364· 9th Cir.· 1986-08-26 ·cited 13×
  The United States is immune from contribution suits under the Federal Tort Claims Act when it would be analogized to a private employer covered by state workers' compensation laws, which provide exclusive liability for employers.
• Brinda Coates v. R.J. Reynolds Tobacco Co.
  48 Fla. L. Weekly S1· Fla.· 2023-06-15 ·cited 12×
  The Florida Supreme Court held that section 768.79, Florida's offer-of-judgment statute, is not a prevailing-party statute and therefore does not require a party to prevail in a proceeding to recover attorney's fees. The court concluded that Coates, despite not prevailing on appe
• Peoples Gas Sys. v. Posen Constr., Inc.
  322 So. 3d 604· Fla.· 2021-06-10 ·cited 12×
  Peoples Gas System sought to recover settlement payments it made to an employee injured by a gas pipeline rupture, arguing the Underground Facility Damage Prevention and Safety Act created a cause of action for statutory indemnification against the excavating company that damaged
• Philip Morris USA Inc. v. McCall
  234 So. 3d 4· Fla. 4th DCA· 2017-12-13 ·cited 12×
  Philip Morris appeals a judgment in favor of Bernice McCall on survival and loss of consortium claims related to her husband's death from lung cancer allegedly caused by smoking PM-manufactured cigarettes. The court reversed the loss of consortium award as time-barred under the s
• Cohen v. Philip Morris USA, Inc.
  203 So. 3d 942· Fla. 4th DCA· 2016-09-07 ·cited 12×
  David Cohen, representing his deceased wife Helen's estate, appealed a trial court's directed verdict in favor of Philip Morris on causation and an order granting defendants a new trial based on plaintiff's counsel's improper closing arguments. The Fourth District affirmed the ne
• O'Malley v. Ranger Constr. Indus., Inc.
  133 So. 3d 1053· Fla. 4th DCA· 2014-01-08 ·cited 12×
  O'Malley sued Ranger Construction for negligence after a single-vehicle accident on Interstate 95 during resurfacing work. The trial court granted summary judgment for Ranger based on impermissible inference stacking, but the appellate court reversed, finding that O'Malley's caus
• Gibbs v. Hernandez
  810 So. 2d 1034· Fla. 4th DCA· 2002-03-13 ·cited 12×
  Vincent Gibbs appealed a summary judgment dismissing his negligence action against Freedom Pipeline Corp. for injuries sustained when his motorcycle was struck by a car at an intersection under construction. The trial court found that Gibbs's decision to proceed into the intersec
• Creighton E. Miller v. Am. President Lines, Ltd.
  989 F.2d 1450· 6th Cir.· 1993-03-23 ·cited 12×
  Punitive damages are not available in a general maritime law unseaworthiness action for the wrongful death of a seaman, and the active-passive negligence doctrine is rejected in favor of comparative fault for indemnity and contribution claims.
• Pennzoil Producing Co. v. Offshore Express, Inc.
  943 F.2d 1465· 5th Cir.· 1991-10-18 ·cited 12×
  The court affirmed the district court's apportionment of damages based on comparative fault, holding that the vessel owner was partially liable for the allision and that the gas well owner's failure to mitigate damages reduced its recovery.
• Transorient Navigators Co., S.A. v. M/S Southwind
  788 F.2d 288· 5th Cir.· 1986-04-28 ·cited 12×
  The court held that the district court lacked jurisdiction to award the United States contribution against the SOUTHWIND in rem because the vessel was not arrested and the bond posted was a special bond. It also held that Transorient could recover full interest from the SOUTHWIND