Comparative Fault

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

• Bowers v. The Firestone Tire & Rubber Co.
  832 F.2d 64· 5th Cir.· 1987-11-12
  The court held that by settling with two codefendants, the plaintiffs relinquished their right to claim prejudgment interest on the portion of the judgment attributable to those settling defendants, and the remaining defendant was only liable for prejudgment interest on its propo
• Henningson v. Swift Bros. Constr. Co. & Egger Steel Co.
  739 F.2d 1341· 8th Cir.· 1984-07-25
  The court held that South Dakota law, as interpreted by prior rulings, precludes contractual and common law indemnity for an architect whose liability arose from its own negligent approval of shop drawings, and that denial of leave to amend the complaint was proper.
• Nat'l Marine Serv. Inc. v. Petroleum Serv. Corp.
  736 F.2d 272· 5th Cir.· 1984-07-16
  Assumption of the risk is not a separate defense barring recovery in maritime strict liability actions but must be analyzed under the principles of comparative fault.
• Hamme v. Dreis & Krump Mfg. Co. v. Cole Bus. Furniture
  716 F.2d 152· 3d Cir.· 1982-04-12
  The court held that federal courts are not strictly bound by intermediate state appellate court decisions when predicting how the state's highest court would rule, especially when there is significant disagreement among lower courts or dissenting opinions.
• Moran Towing & Transp. Co., Inc. v. The City OF NEW York
  620 F.2d 356· 2d Cir.· 1980-04-28
  The court held that both the City and the tug owner were negligent, and allocated damages proportionally to their respective degrees of fault.
• Portacci v. Moran Towing & Transp. Co.
  615 F.2d 293· 5th Cir.· 1980-04-09
  The court held that a finding of mutual fault alone does not justify an equal apportionment of damages; the district court must make findings to support equal division or demonstrate the impossibility of measuring comparative fault.
• Curtis BAY Towing Co. v. THE M/V Md. Clipper
  599 F.2d 1313· 4th Cir.· 1979-06-01
  The court held that the district court failed to properly apply the rule of comparative fault by not determining the proportionate degrees of fault between the two vessels.
• Thomas v. Diamond M Drilling Co.
  569 F.2d 926· 5th Cir.· 1978-03-17
  The court held that the drilling rig was seaworthy and the employer was not negligent, affirming the trial court's decision that the seaman's own negligence was the sole proximate cause of his injury.
• Adams v. Warren Rental & Serv. Ctr., Inc.
  352 So. 2d 555· Fla. 1st DCA· 1977-11-30
  Summary judgment for scaffold rental company affirmed where employee fell from scaffold after positioning himself outside protective equipment without using provided safety belts.
• China Union Lines, Ltd. v. States S.S. Co.
  378 F.2d 356· 9th Cir.· 1967-06-06
  The appellate court affirmed the district court's decision, finding its factual findings supported by substantial evidence and not clearly erroneous.