Comparative Fault

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

• Ishizaki Kisen Co., Ltd. v. United States
  510 F.2d 875· 9th Cir.· 1975-02-03 ·cited 8×
  The Pennsylvania Rule, which creates a presumption of fault for statutory violations, does not apply to collisions in foreign waters when the forum's interests do not outweigh those of the place of collision and when the foreign law, as modified by international convention, aboli
• R. J. Reynolds Tobacco Co. v. Prentice
  290 So. 3d 963· Fla. 1st DCA· 2019-10-24 ·cited 7×
  The trial court abused its discretion by refusing to give R.J. Reynolds' proposed jury instruction on conspiracy to commit fraudulent concealment, which correctly stated the law requiring proof that the plaintiff detrimentally relied on a false or misleading statement made in fur
• R.J. Reynolds Tobacco Co. v. Dion
  230 So. 3d 586· Fla. 2d DCA· 2017-11-08 ·cited 7×
• Philip Morris USA, Inc. v. Cuculino
  165 So. 3d 36· Fla. 3d DCA· 2015-05-06 ·cited 7×
  Philip Morris appeals a jury verdict awarding $5 million in compensatory damages to a smoker who contracted coronary heart disease, claiming improper closing argument comments by plaintiff's counsel warrant a new trial. The court affirms, finding the comments improper but not so
• Robert Jeffrey Chaskes, D.O. v. Gutierrez
  116 So. 3d 479· Fla. 3d DCA· 2013-05-15 ·cited 7×
  In a medical malpractice action arising from treatment of a Stage IV sacral decubitus ulcer at a nursing home, the Third District Court of Appeal reversed a jury verdict for the plaintiff estate, finding that the plaintiff failed to establish proximate causation under the Gooding
• Gawtrey v. Tonette Hayward
  50 So. 3d 739· Fla. 2d DCA· 2010-12-22 ·cited 7×
  In a dog-bite negligence case, the trial court erred in denying the defendant's motion for attorney's fees and costs based on a rejected settlement proposal. The appellate court reversed, holding that the defendant's $1,500 offer was made in good faith because she had a reasonabl
• Kilstein v. Enclave Resort, Inc.
  715 So. 2d 1165· Fla. 5th DCA· 1998-08-28 ·cited 7×
  The Kilsteins appealed the dismissal of their lawsuit against Enclave Resort for an injury claim arising from a malfunctioning elevator. The trial court dismissed the case as a sanction for the Kilsteins' alleged discovery violations, but the appellate court reversed, finding tha
• Builders Shoring & Scaffolding Equip. Co., Inc. v. Schmidt
  411 So. 2d 1004· Fla. 5th DCA· 1982-03-31 ·cited 7×
  Schmidt was injured when a scaffolding cross brace detached while he leaned on it. He sued both the manufacturer (Bil-Jax) and the lessor (Builders) for negligence and strict liability. The court reversed the judgment for Schmidt against Builders on the strict liability claim, fi
• J.L. Prop. Owners Ass'n, Inc. v. Schnurr
  336 So. 3d 291· Fla. 4th DCA· 2022-01-05 ·cited 6×
  The appellate court affirmed the trial court's decision to exclude the developer from the verdict form but reversed and remanded for a new trial on future medical expenses. This was because the trial court erred in denying a new trial when the defendant did not agree to the remit
• Philip Morris USA Inc. v. McKeever
  207 So. 3d 907· Fla. 4th DCA· 2017-01-04 ·cited 6×
  Florida appellate court affirmed a $17.4 million judgment against Philip Morris in a tobacco survival action but reversed the compensatory damages award to address comparative fault reduction.
• Luanna Shirey and Michael Shirey v. State Farm Mut. Auto. Ins. Co.
  94 So. 3d 619· Fla. 4th DCA· 2012-04-25 ·cited 6×
  The Shireys appealed summary judgment granted in favor of State Farm and the Sabinsons in a multi-vehicle collision case. The court affirmed, holding that the Shireys failed to rebut the presumption of negligence applicable to rear-end collisions by presenting insufficient eviden
• Festival FUN Parks, LLC v. Gooch
  904 So. 2d 542· Fla. 4th DCA· 2005-06-01 ·cited 6×
  Festival Fun Parks appeals a judgment holding it vicariously liable under the dangerous instrumentality doctrine for injuries sustained when a plaintiff's go-kart was bumped by another go-kart on an enclosed amusement track. The court reversed, holding that the dangerous instrume
• Nationsbank, N.A. v. KPMG Peat Marwick LLP
  813 So. 2d 964· Fla. 4th DCA· 2002-02-20 ·cited 6×
  Three banks sued their borrower's auditor, KPMG, for negligent misrepresentation, claiming reliance on inaccurate audited financial statements in managing a line of credit. The court affirmed the jury's finding of liability against KPMG but reversed the trial court's grant of set
• Hudson v. Moss
  653 So. 2d 1071· Fla. 3d DCA· 1995-04-12 ·cited 6×
• Wells Fargo Guard Servs. Inc. OF Fla. v. Nash
  654 So. 2d 155· Fla. 1st DCA· 1995-04-04 ·cited 6×
  Wells Fargo Guard Services appeals a negligence judgment for $556,000 awarded to a parking garage patron who was robbed and pistol-whipped. The court affirms liability but reverses and remands for a new trial because the verdict form failed to include the hospital as a non-party
• Bel-Bel Int'l Corp. v. Barnett Bank of S. Fla., N.A.
  158 B.R. 252· S.D. Fla.· 1993-08-17 ·cited 6×
  The court held that the defendants' motions to stay proceedings and dismiss counterclaims were unpersuasive, denying the stay and granting the dismissals.
• Yanez v. United States
  989 F.2d 323· 9th Cir.· 1993-03-29 ·cited 6×
  The court held that the district court erred in applying judicial estoppel and that the good faith settlement determination for the third-party complaint required further factual findings by the trial court.
• Horton v. Buhrke
  926 F.2d 456· 5th Cir.· 1991-03-18 ·cited 6×
  The court held that while the denial of motions for directed verdict and judgment notwithstanding the verdict was proper, the jury instructions were inadequate regarding the design defect and failure to warn theories, requiring a new trial.
• The Nodaway Valley Bank v. Cont'l Cas. Co.
  916 F.2d 1362· 8th Cir.· 1990-10-16 ·cited 6×
• Schneider Nat'l Carriers, Inc. v. Carr
  903 F.2d 1154· 7th Cir.· 1990-06-08 ·cited 6×
  The court held that the district court did not abuse its discretion in denying a stay of proceedings pending the outcome of a parallel state court action or in denying motions for a continuance of the trial date.
• Weston G. Strauch v. The Gates Rubber Co.
  879 F.2d 1282· 5th Cir.· 1989-08-15 ·cited 6×
  The court held that there was sufficient evidence to support the jury's finding of a defective product and proximate cause, and that the trial court properly dismissed the claim for exemplary damages.
• Bersett v. K-Mart Corp.
  869 F.2d 1131· 8th Cir.· 1989-03-14 ·cited 6×
  The dissenting judge would affirm the district court's judgment, finding the new rule from Cox v. J.C. Penney Co. should not be applied retroactively.
• Rini v. Oaklawn Jockey Club
  861 F.2d 502· 8th Cir.· 1988-09-27 ·cited 6×
  The court held that the district court erred in instructing the jury on assumption of risk because under Arkansas law, both Type 3 (reasonable implied secondary) and Type 4 (unreasonable implied secondary) assumption of risk are subsumed within the comparative fault statute and a
• Will v. United States
  849 F.2d 315· 8th Cir.· 1988-06-13 ·cited 6×
  The court held that the Government's failure to warn was not the proximate cause of the plaintiff's injury because the plaintiff had actual knowledge of the dangerous condition and was willing to assume the risk.
• Meloy v. Conoco, Inc.
  792 F.2d 56· 5th Cir.· 1986-06-03 ·cited 6×
  The court is withdrawing its prior opinion and proposing to certify controlling questions of Louisiana law to the Louisiana Supreme Court.
• Hull v. Merck & Co., Inc.
  758 F.2d 1474· 11th Cir.· 1985-04-25 ·cited 6×
  The court affirmed the jury verdict for Merck, finding no reversible error in the trial court's jury instructions or evidentiary rulings.
• Joseph Morton Co., Inc. v. The United States
  757 F.2d 1273· Fed. Cir.· 1985-03-15 ·cited 6×
  Fraud committed in one aspect of a contract prior to termination for default constitutes an independent basis for upholding the termination, even if not expressly stated as the ground by the Contracting Officer. Government claims related to a pre-CDA contract must first be the su
• S. Natural GAS Co. v. Pontchartrain Materials, Inc.
  711 F.2d 1251· 5th Cir.· 1983-08-15 ·cited 6×
  The Corps of Engineers had a duty to use due care in issuing dredging permits and to accurately chart submarine pipelines, and its failure to do so constituted a breach that caused the accident.
• Shell OIL Co. v. Harrison
  425 So. 2d 67· Fla. 1st DCA· 1982-12-15 ·cited 6×
  Shell Oil Company appeals a jury verdict finding it liable for negligence, strict liability, and breach of warranty when a homeowner was exposed to DBCP fumes from a spilled container of Fasco Nemagon 70EC. The court reverses, holding that a bulk chemical manufacturer has no nond
• Harris v. Karri-On Campers, Inc.
  640 F.2d 65· 7th Cir.· 1981-01-27 ·cited 6×
  The court held that the trial court erred in instructing the jury on the 'unreasonably dangerous' standard for strict liability and in refusing to instruct the jury on the adequacy of warnings. The court also found insufficient evidence to instruct the jury on assumption of risk.
• The Kinsman Marine Transit Co. v. The Great Lakes Towing Co.
  532 F.2d 1073· 6th Cir.· 1976-04-01 ·cited 6×
  The court held that while the finding of concurrent negligence was correct, the damages must be reallocated proportionally to the degree of fault, not equally, following the Reliable Transfer decision.
• Denenea v. Shipping Enter. Corp.
  486 F.2d 549· 5th Cir.· 1973-10-31 ·cited 6×
  The court held that the district court's findings regarding damages and the application of comparative fault were not clearly erroneous.
• August E. Denny v. Jugoslavenska Oceanska Plov.
  455 F.2d 1277· 5th Cir.· 1972-03-02 ·cited 6×
  A shipowner's violation of a safety regulation for longshoring, which resulted in the unseaworthiness of the vessel, was a proximate cause of a longshoreman's personal injury.
• Philip Morris USA Inc. v. Martin
  262 So. 3d 769· Fla. 4th DCA· 2018-12-12 ·cited 5×
  In this Engle wrongful death tobacco case, the appellate court addressed whether the post-1999 version of Florida's punitive damages statute, which bars successive awards, applied to the plaintiff's claim. The court held that because the decedent's tobacco-related lung cancer man
• R.J. Reynolds Tobacco Co. v. Robinson
  216 So. 3d 674· Fla. 1st DCA· 2017-02-24 ·cited 5×
  R.J. Reynolds appealed the denial of its motion for new trial after a jury verdict in a tobacco-related wrongful death case, arguing that plaintiff's counsel made numerous improper closing arguments disparaging Reynolds for defending itself at trial and failing to 'accept respons
• Whitney v. R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc.
  157 So. 3d 309· Fla. 1st DCA· 2014-12-05 ·cited 5×
  In this tobacco case, the appellate court reversed a directed verdict granted to tobacco manufacturers on negligence and strict liability claims, holding that the plaintiff presented sufficient evidence of causation to reach a jury. The court clarified that under Florida law, a d
• Kellner v. David
  140 So. 3d 1042· Fla. 5th DCA· 2014-05-30 ·cited 5×
  Appellants appeal a jury verdict in a negligence case arising from a motorcycle-SUV collision, challenging the exclusion of the defendant driver's testimony about accident scene measurements and the amount of damages awarded for loss of future earning capacity. The court affirmed
• CSX Transp., Inc. v. Prof'l Transp., Inc.
  467 F. Supp. 2d 1333· M.D. Fla.· 2006-11-13 ·cited 5×
  The court held that the provision requiring parties to negotiate in good faith concerning contract modification was an unenforceable agreement to agree because essential terms were left open, and thus, CSX was entitled to summary judgment.
• Victor Doig, M.D. v. Chester
  776 So. 2d 1043· Fla. 5th DCA· 2001-02-02 ·cited 5×
  Mary Chester recovered $507,321 in arbitration against Dr. Doig for her husband's death from medical malpractice, including $250,000 in non-economic damages capped by statute. The court addressed whether Chester's prior $150,000 settlement with Halifax Hospital should offset the
• Meloy v. Conoco, Inc.
  794 F.2d 992· 5th Cir.· 1986-07-18 ·cited 5×
  The court certified questions of Louisiana law to the Louisiana Supreme Court regarding indemnity obligations and the applicability of the Louisiana Oilfield Indemnity Act.
• Collias v. Gateway Acad. of Walton Cnty., Inc.
  313 So. 3d 163· Fla. 1st DCA· 2021-01-11 ·cited 4×
  The appellate court reversed a summary judgment for a private school in a negligence case brought by a seven-year-old student injured during gym class. The court found that genuine issues of material fact existed regarding the school's negligence, particularly concerning the plac
• Palmentere Bros. Cartage Serv., Inc. v. Copeland
  277 So. 3d 729· Fla. 1st DCA· 2019-07-29 ·cited 4×
  A plaintiff who disclaims punitive damages in a settlement proposal under section 768.79 cannot later recover attorney's fees and costs based on punitive damages awarded at trial, because offers of judgment must be evaluated as of the date made, when punitive damages were not par
• Egline Henry v. Jena Hoelke and Stephen McCulloch
  82 So. 3d 962· Fla. 4th DCA· 2011-08-10 ·cited 4×
  Plaintiff Egline Henry appealed the trial court's denial of her motion for directed verdict on defendant's seatbelt defense in an automobile rollover crash that left her paraplegic. The court reversed, holding that the defendant failed to present competent evidence establishing a
• Jackson v. York Hannover Nursing Ctrs.
  876 So. 2d 8· Fla. 5th DCA· 2004-05-07 ·cited 4×
  Annie Jackson, as personal representative of a nursing home resident who died, appealed a judgment apportioning fault between York Hannover Nursing Centers and Brooksville Regional Medical Center. The Fifth District Court of Appeal affirmed the trial court's decision to include t
• Nury M. Suarez v. Gonzalez
  820 So. 2d 342· Fla. 4th DCA· 2002-03-27 ·cited 4×
  Suarez appeals a jury verdict finding her 55% negligent and liable for $2.7 million in damages to a tenant injured when a kitchen cabinet she had installed fell and struck him. The court affirms, holding that a landlord can be liable for an independent contractor's negligence bas
• D.J. Spencer Sales v. Colletta P. Clampitt
  704 So. 2d 601· Fla. 1st DCA· 1997-10-15 ·cited 4×
  In a rear-end collision case, the trial court granted the appellee's motion for partial summary judgment on the issue of comparative fault, finding the rear-driver appellant failed to rebut the presumption of negligence. The appellate court reversed, holding that the rear driver'
• Alvarado v. Rice
  614 So. 2d 498· Fla.· 1993-03-04 ·cited 4×
  The Florida Supreme Court held that a claimant in a personal injury action is entitled to prejudgment interest on past medical expenses only when the claimant made actual, out-of-pocket payments on those bills prior to judgment. The Court rejected Alvarado's claim for interest on
• Phillips v. Duro-Last Roofing, Inc.
  973 F.2d 869· 10th Cir.· 1992-08-25 ·cited 4×
  The court held that a new trial is necessary because the jury was misled by an incorrect jury instruction on comparative fault, and it would be unjust to speculate on the jury's decision had they been correctly instructed.
• FOX v. Allied-Signal, Inc.
  966 F.2d 626· 11th Cir.· 1992-07-16 ·cited 4×
  A federal appellate court certified to the Florida Supreme Court the question of whether a jury must consider a non-party's comparative fault when apportioning liability under Florida's Tort Reform Act, where the plaintiff's employer was immune from suit under workers' compensati
• Christopherson v. Deere & Co.
  941 F.2d 692· 8th Cir.· 1991-08-12 ·cited 4×
  The court held that Iowa law requires joint and several liability for defendants found fifty percent or more at fault, even when other parties are also at fault.