Comparative Fault

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

• Will Gearhart, M.D. v. Uniden Corp. OF Am.
  781 F.2d 147· 8th Cir.· 1986-01-09 ·cited 12×
  The court held that Missouri's adoption of comparative fault principles in Gustafson v. Benda applies to strict liability cases, requiring the jury to determine the relative fault of the plaintiff and defendant.
• Seal Offshore, Inc. v. Am. Standard, Inc.
  736 F.2d 1078· 5th Cir.· 1984-07-23 ·cited 12×
  An indemnity clause, strictly construed, does not indemnify a party for its own negligence unless explicitly stated, and implied indemnity based on active/passive negligence is not applicable in maritime comparative fault cases.
• Equilease Corp. v. Smith Int'l, Inc.
  588 F.2d 919· 5th Cir.· 1979-01-29 ·cited 12×
  The court held that even if Louisiana law recognizes negligent ignorance as a basis for liability, it does not apply in this case because Drilco lacked the means to discover the fraud despite suspicious circumstances.
• Dist. OF Columbia v. Nordstrom
  327 F.2d 863· D.C. Cir.· 1963-12-12 ·cited 12×
  The court held that the District was entitled to a jury instruction differentiating its duty of care for a mixed-use sidewalk area, and that the proximate cause of the accident was a jury question for Sinclair's negligence.
• R.J. Reynolds Tobacco Co. v. Konzelman
  248 So. 3d 134· Fla. 4th DCA· 2018-05-09 ·cited 11×
  Florida appellate court affirmed that the pre-1999 version of section 768.73 applies to Engle progeny wrongful death cases, but reversed the trial court's reduction of compensatory damages based on comparative fault.
• Philip Morris USA Inc. v. Gore
  238 So. 3d 828· Fla. 4th DCA· 2018-02-14 ·cited 11×
  This case involves an Engle progeny wrongful death lawsuit where the appellate court affirmed the main appeal regarding the admissibility of expert testimony but reversed and remanded on the cross-appeal concerning punitive damages and the application of comparative fault to comp
• Frazier v. Metro. Dade Cnty.
  701 So. 2d 418· Fla. 3d DCA· 1997-11-12 ·cited 11×
  A minor drowned at a Metro-Dade operated swimming facility while under supervision of lifeguards, her mother, and aunt. The court reversed the trial court's judgment on damages allocation, holding that a non-negligent survivor's recovery cannot be reduced by another survivor's ne
• Phillips Petroleum Co. v. Stokes OIL Co., Inc.
  863 F.2d 1250· 6th Cir.· 1988-12-12 ·cited 11×
  The court affirmed the trial court's judgments, finding no error in the apportionment of liability, rejection of the implied warranty claim, admission of evidence, determination of damages, or award of prejudgment interest.
• Vickers v. Chiles Drilling Co.
  822 F.2d 535· 5th Cir.· 1987-07-22 ·cited 11×
  The court held that the air compressor was defectively designed because the manufacturer failed to provide notice of its obscure internal access, rendering it unreasonably dangerous for foreseeable uses. The court reversed the district court's finding of no defect and remanded fo
• R.J. Reynolds Tobacco Co. & Philip Morris USA Inc. v. Andy R. Allen Sr. FOR the Estate OF Patricia L. Allen
  228 So. 3d 684· Fla. 1st DCA· 2017-10-18 ·cited 10×
  This is an Engle-progeny tobacco wrongful death case where the First District affirmed a jury verdict awarding compensatory and punitive damages against R.J. Reynolds and Philip Morris for the death of Patricia Allen from tobacco-related disease. The court rejected appellants' ch
• Philip Morris USA Inc. v. Ada Caro
  207 So. 3d 944· Fla. 4th DCA· 2016-12-07 ·cited 10×
  Philip Morris USA sought to disqualify the plaintiff's counsel, Attorney Lima and his law firm, based on Lima's prior representation of Philip Morris on substantially related tobacco litigation matters. The Fourth District Court of Appeal granted the petition and disqualified bot
• Nat'l Healthcorp Ltd. P'ship v. Cascio
  725 So. 2d 1190· Fla. 2d DCA· 1998-12-30 ·cited 10×
  National Healthcorp appeals an order granting a new trial after the original trial judge died before ruling on the motion. The successor judge refused to rule on the merits, believing he lacked authority to assess credibility issues. The court holds that successor judges must rul
• Metro. Dade Cnty. v. Jesumene Frederic
  698 So. 2d 291· Fla. 3d DCA· 1997-07-09 ·cited 10×
  Metropolitan Dade County appealed a wrongful death judgment for injuries caused by a Metro-Dade Police cruiser. The court affirmed liability but reversed the damages award, holding that the County could not be held jointly and severally liable under Florida law because its compar
• Lockley v. Deere & Co.
  933 F.2d 1378· 8th Cir.· 1991-05-13 ·cited 10×
  The court held that the open and obvious danger rule is not an absolute bar to recovery in strict products liability cases under Arkansas law, and that punitive damages are recoverable in such cases. The court affirmed the district court's denial of motions for judgment notwithst
• Mason v. Texaco Inc.
  862 F.2d 242· 10th Cir.· 1988-11-28 ·cited 10×
  The court held that the jury instructions regarding a bulk seller's duty to warn and the duty to train salesmen were erroneous under Kansas law, requiring reversal and remand.
• Bulgo v. Munoz
  853 F.2d 710· 9th Cir.· 1988-08-02 ·cited 10×
  The court affirmed the district court's rulings, finding that the unfair trade practices statute did not apply to securities transactions, the statute of limitations barred the securities claim, the fraud claim lacked sufficient evidence, and jury instructions and attorney's fees
• Jerry H. Peveto and wife v. Sears
  807 F.2d 486· 5th Cir.· 1987-01-13 ·cited 10×
  The court held that the trial court did not err in denying the plaintiffs' motion for judgment on the jury's purported 'true verdict' or in refusing a new trial, as juror testimony about mental processes is inadmissible under Fed. R. Evid. 606(b) and the jury instructions were no
• Faries v. Atlas Truck Body MFG. Co.
  797 F.2d 619· 8th Cir.· 1986-08-28 ·cited 10×
  The court held that the district court erred in instructing the jury on comparative fault in a strict liability case and in admitting the accident report and expert testimony based on unreliable information.
• Winston v. Int'l Harvester Corp.
  791 F.2d 430· 5th Cir.· 1986-06-11 ·cited 10×
  Comparative fault principles should be applied to reduce a strict liability award when doing so realistically promotes careful product use without drastically reducing the manufacturer's incentive to make a safer product.
• Corrine Nicholas v. Homelite Corp.
  780 F.2d 1150· 5th Cir.· 1986-01-15 ·cited 10×
  Louisiana law requires application of comparative fault to reduce a damage award in a products liability case when the consumer's negligent use of a defective product incentivizes careful future use and does not drastically reduce the manufacturer's incentive to produce safer pro
• Delvaux v. Ford Motor Co.
  764 F.2d 469· 7th Cir.· 1985-06-12 ·cited 10×
  The court held that a convertible automobile is not unreasonably dangerous as a matter of law due to its design, and that the trial court did not abuse its discretion in denying the plaintiff's request to interview jurors.
• Bower v. O'Hara
  759 F.2d 1117· 3d Cir.· 1985-04-17 ·cited 10×
  A guilty plea can have preclusive effect in subsequent civil litigation, estopping a party from contesting facts essential to the offense.
• Martinez v. Union Pac. R.R. Co.
  714 F.2d 1028· 10th Cir.· 1983-08-18 ·cited 10×
  The court held that the district court erred in its submission of the case to the jury under the Wyoming Comparative Negligence Statute by failing to submit a special interrogatory on the driver's identity, improperly referencing joint venture, and failing to separate the plainti
• Crown Zellerbach Corp. v. Willamette-Western Corp.
  519 F.2d 1327· 9th Cir.· 1975-07-02 ·cited 10×
  The court held that the district court correctly applied comparative fault principles and awarded damages for lost productive capacity, affirming the judgment.
• Colosimo v. The MAY Dep't Store Co.
  466 F.2d 1234· 3d Cir.· 1972-07-27 ·cited 10×
  Plaintiff cannot recover because his voluntary assumption of risk is a complete defense under Pennsylvania law, even if the jury found otherwise.
• Philip Morris USA Inc. v. Gore
  344 So. 3d 1· Fla. 4th DCA· 2022-04-13 ·cited 9×
  The appellate court reversed an attorney's fees award, holding that a non-settling defendant is entitled to a reduction in fees to prevent a double recovery when another defendant has already paid for the same fees. The court affirmed other issues on appeal.
• Crime v. Looney
  Fla. 1st DCA· 2021-11-24 ·cited 9×
  The appellate court reversed a trial court's decision in a vehicle collision case, finding that the trial court improperly applied the rear-end presumption and erred in disallowing a comparative fault defense. The court ordered a new trial on both liability and damages.
• R.J. Reynolds Tobacco Co. v. Schleider
  273 So. 3d 63· Fla. 3d DCA· 2018-12-26 ·cited 9×
  R.J. Reynolds Tobacco Company appeals a wrongful death judgment in favor of Diane Schleider and her daughter following Andrew Schleider's death from lung cancer and COPD. The Florida District Court of Appeal, Third District affirms the judgment, holding that the closing arguments
• R.J. Reynolds Tobacco Co. v. Odom
  210 So. 3d 696· Fla. 4th DCA· 2016-11-30 ·cited 9×
  R.J. Reynolds appeals a $18.5 million judgment in a wrongful death tobacco case brought by the representative of a deceased smoker's estate as an Engle class member. The Fourth District affirmed liability and reliance findings but reversed and remanded for remittitur of the compe
• R.J. Reynolds Tobacco Co. v. Lyantie Townsend
  118 So. 3d 844· Fla. 1st DCA· 2013-06-13 ·cited 9×
  R.J. Reynolds Tobacco Company appeals a $20 million remitted punitive damages judgment in this Engle progeny tobacco case, arguing the trial court erred by denying its request for a new trial on damages and contending the remitted judgment violates federal due process. The appell
• Hibbard v. McGRAW
  918 So. 2d 967· Fla. 5th DCA· 2005-12-02 ·cited 9×
  The Florida Fifth District Court of Appeal reversed a trial court's award of attorney's fees to defendants and remanded for recalculation of damages, finding that defendants' settlement proposal was ambiguous as to which plaintiffs it addressed and that the trial court used an in
• R.J. Reynolds Tobacco Co. v. Konzelman
  Fla. 2d DCA· 2018-05-09 ·cited 8×
  The trial court's judgment for the appellee was affirmed.
• R.J. Reynolds Tobacco Co. v. Evers
  232 So. 3d 457· Fla. 2d DCA· 2017-09-15 ·cited 8×
  R.J. Reynolds appeals a judgment in a wrongful death action brought by the personal representative of an Engle class member who died of lung cancer. The court affirms the judgment, holding that the pre-1999 version of Florida's punitive damages statute applies to Engle-progeny ca
• Philip Morris USA, Inc. v. Green
  175 So. 3d 312· Fla. 5th DCA· 2015-07-31 ·cited 8×
  Philip Morris appeals a judgment in an Engle-progeny tobacco case, arguing the trial court erred by entering full joint and several liability against the defendants without apportioning damages based on comparative fault. The court reversed on this issue, finding that the plainti
• Brown v. R.J. Reynolds Tobacco Co.
  576 F. Supp. 2d 1328· M.D. Fla.· 2008-08-28 ·cited 8×
  The court held that the Rooker-Feldman doctrine does not bar federal jurisdiction and that the Engle Phase I findings can only have issue preclusive effect, not claim preclusive effect, because they did not establish liability.
• Fast Laundry II v. Gray
  861 So. 2d 81· Fla. 3d DCA· 2003-11-12 ·cited 8×
  Fast Laundry appealed the trial court's grant of a motion for judgment notwithstanding the verdict (JNOV) in a premises liability slip-and-fall case. The appellate court reversed, holding that sufficient evidence supported the jury's verdict apportioning fault among multiple defe
• Y.H. Invs., Inc. v. Godales
  690 So. 2d 1273· Fla.· 1997-03-27 ·cited 8×
  The Florida Supreme Court held that under the state's comparative fault statute (§ 768.81), a jury may consider the negligence of a non-party parent or guardian when determining a minor plaintiff's damages in a negligence action against a third-party tortfeasor, even though the p
• Olson v. N. Cole Constr., Inc.
  681 So. 2d 799· Fla. 2d DCA· 1996-10-04 ·cited 8×
  Helen Olson appeals the trial court's calculation of damages in a personal injury case arising from an automobile accident at a construction site. The court reverses the trial court's erroneous damage calculation and remands for entry of a corrected award reflecting proper applic
• Perez v. Fla. E. Coast Ry. Co.
  673 So. 2d 62· Fla. 3d DCA· 1996-03-20 ·cited 8×
• Williams v. Arai Hirotake, Ltd.
  931 F.2d 755· 11th Cir.· 1991-05-16 ·cited 8×
  The court held that the district court erred in granting summary judgment because Florida statutes and case law require an analysis of the parties' intent regarding the release of non-settling tortfeasors.
• Alexander v. Seaquest Inc.
  575 So. 2d 765· Fla. 4th DCA· 1991-03-06 ·cited 8×
  The court affirmed the trial judge's set-off of a settlement against a jury verdict in a wrongful death case, holding that a probate court's unilateral settlement apportionment made without notice to non-settling defendants and before knowledge of the jury verdict was properly co
• United States for the Use of Valders Stone & Marble v. C-Way Constr. Co.
  909 F.2d 259· 7th Cir.· 1990-08-03 ·cited 8×
  The court held that Selvick, as an incidental beneficiary, could not sue Valders for breach of contract or under the warranty of workmanlike performance, and that pendent appellate jurisdiction did not apply to Valders's cross-appeal.
• Knotts v. United States
  893 F.2d 758· 5th Cir.· 1990-02-06 ·cited 8×
  The court affirmed the district court's judgment, holding that the prior appeal established the law of the case regarding the statutory employer defense and that the apportionment of fault and denial of divorce-related damages were not clearly erroneous.
• Roggow v. Mineral Processing Corp.
  894 F.2d 246· 7th Cir.· 1990-01-29 ·cited 8×
  The court held that the magistrate did not err in refusing to instruct the jury on last clear chance or intervening/superseding causes, and that the damages award was supported by evidence.
• Cipollone v. Liggett Grp., Inc.
  893 F.2d 541· 3d Cir.· 1990-01-05 ·cited 8×
  The court held that the district court erred in allowing the jury to consider post-1965 conduct for comparative fault on the failure to warn claim and in its jury instructions on the express warranty claim. A new trial is ordered for the failure to warn claim.
• Meloy v. Conoco, Inc.
  817 F.2d 275· 5th Cir.· 1987-05-08 ·cited 8×
  The court's holding is not explicitly stated as the opinion is a dissent. However, it implies that the obligation to defend is determined by the pleadings, not the outcome of the case.
• Jones v. T.G. & Y. Stores Co.
  775 F.2d 663· 5th Cir.· 1985-11-06 ·cited 8×
  The court held that comparative fault principles apply to a customer's slip and fall in a retail store, even under Louisiana's strict liability statutes.
• Grinnell Mut. Reinsurance Co. v. Empire Fire & Marine Ins. Co.
  722 F.2d 1400· 8th Cir.· 1983-12-08 ·cited 8×
  The court held that Grinnell's garage liability policy provided primary coverage for the accident, and Excalibur's policy provided excess coverage, denying indemnity claims between the parties.
• Consol. Grain & Barge Co. v. Archway Fleeting & Harbor Serv., Inc.
  712 F.2d 1287· 8th Cir.· 1983-08-02 ·cited 8×
  The court held that the district court's findings of equal fault between the barge owner and the towing service were not clearly erroneous, but erred in failing to award prejudgment interest as stipulated by the parties.
• Tringali Bros. v. United States
  630 F.2d 1089· 5th Cir.· 1980-11-19 ·cited 8×
  The court held that the Coast Guard's failure to exercise due care in maintaining a navigational buoy, despite the vessel owner's significant negligence, warranted assessing the government with 20% of the fault for the resulting collision.