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S.D. Fla.·
2021-07-02
The court granted in part and denied in part Plaintiffs' motion to strike affirmative defenses, ordering a more definite statement for one defense and treating two others as denials.
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M.D. Fla.·
2021-04-22
The court granted in part and denied in part the motion to dismiss, finding contribution claims failed under Ohio and Florida law but survived under Maryland law, and all indemnification claims failed.
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S.D. Fla.·
2021-01-22
The court held that the defendant failed to demonstrate that the requested DCF records were necessary for the determination of an issue before the court, as required by Fla. Stat. § 415.107(3)(e).
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Fla. 1st DCA·
2021-01-15
The appellate court reversed a trial court's judgment against R.J. Reynolds, finding that the jury instructions were flawed. The court held that to prove fraudulent concealment, the plaintiff must demonstrate detrimental reliance on a false statement, which was not adequately ins
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M.D. Fla.·
2021-01-05
The court held that an uneven sidewalk joint, which was open and obvious and not inherently dangerous, did not constitute a breach of the landowner's duty to maintain the premises in a reasonably safe condition.
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S.D. Fla.·
2020-11-17
The court held that a third-party plaintiff's claims for common law indemnity and statutory contribution were properly dismissed because the plaintiff failed to plead a "special relationship" for indemnity and statutory contribution is unavailable under Florida's comparative faul
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308 So. 3d 1068·
Fla. 5th DCA·
2020-10-21
R.J. Reynolds appeals a judgment in a wrongful death case where a jury found its Winston and Doral cigarettes were defectively designed and caused Lois Stucky's death from lung cancer. While the appellate court upheld most of the trial judgment, it reversed the punitive damages a
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Fla. 4th DCA·
2020-09-09
The appellate court reversed a bad-faith insurance case verdict, finding that the trial court erred by admitting an insurance carrier's activity log note detailing the plaintiffs' settlement offer. The court held this note was irrelevant, inadmissible as a settlement negotiation,
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S.D. Fla.·
2020-09-04
The court held that prejudgment interest is generally awarded in admiralty cases, but not on future damages awarded as a lump sum, and post-judgment interest is awarded at the statutory rate.
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M.D. Fla.·
2020-08-10
The court granted and denied in part Plaintiffs' Motion in Limine, ruling on the admissibility of various anticipated evidence and arguments.
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Fla. 4th DCA·
2020-07-22
Section 768.81, Florida's comparative fault statute, applies to breach of contract actions where one defendant is a professional whose conduct constitutes professional malpractice. When a professional malpractice claim and a general contractor's breach claim arise from the same c
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299 So. 3d 28·
Fla. 4th DCA·
2020-06-24
The appellate court reversed a trial court's judgment, holding that insurance companies were entitled to set off settlement amounts from a jury verdict. The court found that settlement agreements, even if not explicitly apportioned, should be offset against damages awarded to pre
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M.D. Fla.·
2020-06-16
The court held that the defendant failed to present sufficient evidence to rebut the presumption of negligence in a rear-end collision, and therefore granted partial summary judgment for the plaintiff on the issue of negligence.
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Fla. 1st DCA·
2020-06-08
The appellate court reversed a jury verdict against DZE Corporation, finding that the intoxicated driving of Christopher Generoso was the sole proximate cause of the deaths, not DZE's product or failure to warn. The court held that Generoso's actions broke the chain of causation
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Fla. 2d DCA·
2020-05-22
The appellate court reversed a medical malpractice judgment against the University of South Florida (USF) because the trial court improperly prevented USF from presenting its defense that other medical providers, not USF's surgeon, caused the patient's injuries. The court found t
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Fla. 4th DCA·
2020-04-15
The trial court's judgment in favor of the defendants was affirmed.
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301 So. 3d 343·
Fla. 3d DCA·
2020-02-26
This case concerns a plaintiff injured on a condominium dock. The appellate court affirmed the trial court's decision regarding the allocation of fault among parties but reversed the denial of joint and several liability for the condominium association concerning the damages caus
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Fla. 1st DCA·
2020-02-26
In this Engle-progeny tobacco litigation, the Fourth District affirmed a $3 million judgment for the estate of a deceased smoker against R.J. Reynolds, holding that a plaintiff need not prove reliance on any specific statement to prevail on fraudulent concealment and conspiracy c
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M.D. Fla.·
2019-12-11
The court held that it has personal jurisdiction over HJC Corp. because the company purposefully availed itself of the Florida market by placing its products into the stream of commerce with the expectation they would be purchased by consumers in Florida.
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S.D. Fla.·
2019-11-04
The court granted the defendant's motion for leave to file an amended answer to add an affirmative defense alleging nonparty fault.
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M.D. Fla.·
2019-10-17
The court held that the defendant may present evidence regarding proximate causation and comparative fault, and therefore denied the plaintiff's motion in limine.
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Fla. 3d DCA·
2019-09-11
The appellate court affirmed a jury's verdict and judgment in a personal injury case. The court found no abuse of discretion in the trial court's handling of allegedly improper closing arguments and upheld the jury's damages award, finding it was supported by the evidence and not
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266 So. 3d 272·
Fla. 5th DCA·
2019-03-15
When an appellate court reverses an underlying judgment, any award of attorney's fees dependent upon that judgment must also be reversed.
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42 Fla. L. Weekly S951·
Fla. 4th DCA·
2018-02-14
A trial court may not reduce a compensatory damage award by the plaintiff's comparative fault in a tobacco liability case when the supreme court has determined such reduction was improper.
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236 So. 3d 919·
Fla.·
2018-02-01
This per curiam opinion authorizes proposed amendments to Florida's standard jury instructions in civil cases, modifying language regarding burden of proof, comparative negligence, and apportionment of liability to ensure consistency with legal causation principles and comparativ
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64 So. 3d 705·
Fla. 5th DCA·
2011-05-06
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913 So. 2d 613·
Fla. 3d DCA·
2005-03-09
Even improper argument by counsel will not require a new trial unless the remarks are so egregious as to interfere with the essential justice of the result.
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788 So. 2d 343·
Fla. 1st DCA·
2001-06-05
The trial court abused its discretion by granting a new trial based on a legal conclusion that the jury was required to allocate fault to a nonparty defendant, rather than a factual determination.
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775 So. 2d 965·
Fla. 3d DCA·
2000-08-09
Doctors Meitus and Schneider appeal summary judgment requiring them to indemnify Carnival Cruise Lines for alleged medical malpractice in treating a crew member who suffered permanent injury from viral encephalitis. The court reversed, holding that genuine issues of material fact
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760 So. 2d 120·
Fla.·
2000-05-18
The Florida Supreme Court formally abolished the "standing train doctrine," which had previously barred recovery for accidents involving trains at railroad crossings. The Court held that the doctrine is incompatible with Florida's comparative negligence system and is anachronisti
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748 So. 2d 346·
Fla. 3d DCA·
1999-12-15
Flamingo Oil Company appealed a judgment for damages in a negligent repair case, challenging a jury instruction that incorrectly stated all damages would be apportioned by fault percentage. The appellate court reversed and remanded for a new trial, finding the misinstruction was
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730 So. 2d 703·
Fla. 2d DCA·
1998-01-30
Ball, a housekeeper, sued Jimenez, an independent contractor's employee, for injuries sustained after slipping on mineral spirits he left on a kitchen floor. The court reversed summary judgment, holding that McCarty's property-owner immunity doctrine does not shield an independen
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677 So. 2d 328·
Fla. 3d DCA·
1996-05-01
This appeal concerns whether a tortfeasor can seek contribution from a co-tortfeasor who was previously exonerated in a separate action brought by the same injured party. The court held that a judgment exonerating one tortfeasor in an action where a second tortfeasor was not a pa
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992 F.2d 1408·
5th Cir.·
1993-06-15
The court held that the seller of an ice plant auger had no duty to warn of its danger because the danger was obvious, thus affirming summary judgment in favor of the seller.
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979 F.2d 1444·
10th Cir.·
1992-11-18
Under Colorado law, a manufacturer has no duty to notify previous purchasers of later-developed safety devices or to retrofit non-defective products. A jury instruction that allows liability for failure to retrofit a non-defective product is erroneous.
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975 F.2d 169·
5th Cir.·
1992-10-16
The court held that the trial court erred in refusing to instruct the jury on the "sophisticated purchaser" defense, which could relieve manufacturers of the duty to warn employees if the employer is knowledgeable and has a duty to warn its own workers.
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974 F.2d 646·
5th Cir.·
1992-10-13
The court held that a genuine issue of material fact exists regarding whether Varco's actions were a legal cause of the plaintiff's injuries, and that ODECO's negligence was not a superseding cause as a matter of law.
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972 F.2d 6·
1st Cir.·
1992-08-06
The court held that the district court did not abuse its discretion in excluding expert testimony, admitting redacted documents under Rule 407, or refusing jury instructions on comparative fault and intervening cause.
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1992 WL 86418·
M.D. Fla.·
1992-04-14
The court held that the Louisiana was partially at fault due to excessive speed, and the City of Tampa was also at fault for creating and failing to mark a submerged obstruction in violation of federal law, while Misener Marine Construction was not liable.
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954 F.2d 430·
7th Cir.·
1992-01-17
The court held that the decedent's contributory negligence, under Indiana's pre-comparative fault law, barred recovery even if the government was also negligent.
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935 F.2d 985·
8th Cir.·
1991-06-21
The court held that any error in the jury instruction on assumption of risk was harmless because the jury found the plaintiff 100% at fault, and other instructions clarified that assumption of risk is an element of comparative fault, not a complete defense.
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580 So. 2d 800·
Fla. 3d DCA·
1991-05-07
The court reversed a judgment notwithstanding the verdict (JNOV) and new trial order, finding the jury verdict for plaintiffs on partial liability was amply supported by the record.
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926 F.2d 47·
1st Cir.·
1991-02-13
The court held that an indemnity agreement, even if partially void as against public policy, can be enforced to the extent of the subcontractor's negligence, absent bad faith or deliberate overreaching.
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912 F.2d 252·
8th Cir.·
1990-08-23
The court held that Barry & Sewall breached the express warranty of line speeds, but reversed damages for increased energy costs and lost profits due to Metal-Prep's failure to mitigate and lack of warranty. The court affirmed damages for edge burners and reversed the award for a
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742 F. Supp. 1147·
S.D. Fla.·
1990-07-20
The court held that Roscioli, as a bareboat charterer without privity or knowledge of the negligence, was entitled to exoneration under the Limitation of Liability Act, while Guy Gannett, also a bareboat charterer, was denied limitation due to its privity and knowledge of the neg
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875 F.2d 1351·
8th Cir.·
1989-07-06
The court held that the unseaworthiness of the tug was a contributing cause of the accident, and that the costs of lightering cargo and repairing the hull should be reconsidered as damages.
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871 F.2d 82·
8th Cir.·
1989-03-28
The court held that the jury's apportionment of fault was supported by substantial evidence and that the jury instruction on future loss of earning capacity was proper.
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868 F.2d 1·
1st Cir.·
1989-02-10
The court affirmed the judgment against the driver Randy Sczapa and reversed the judgment against Saybrook Ford, Inc., ordering a new trial on the issue of consent.
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856 F.2d 64·
8th Cir.·
1988-09-07
The court held that the district court did not err in excluding the plaintiff's expert opinion on product defectiveness due to inadequate warning, as admissibility of evidence lies within the trial judge's discretion.
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851 F.2d 303·
10th Cir.·
1988-06-30
The court held that Gates is equitably estopped under Michigan law from litigating Duncan's alleged negligence because Gates failed to present its claims or defenses in the prior Michigan action.