Comparative Negligence

2,641 Florida cases classified under this topic, plus 374 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• The Boeing Co. v. Shipman
  411 F.2d 365· 5th Cir.· 1969-04-07 ·cited 2436×
  The court held that in diversity cases, federal courts must apply a federal standard, not the FELA standard, for determining the sufficiency of evidence to create a jury question. The proper standard is whether reasonable minds could reach different conclusions from substantial e
• Hoffman v. Jones
  280 So. 2d 431· Fla.· 1973-07-10 ·cited 1189×
  The Florida Supreme Court adopted the doctrine of comparative negligence to replace the absolute bar of contributory negligence in tort cases. The Court held that because contributory negligence is a judicial creation that has become inequitable in modern society, courts have the
• Argonaut Ins. Co. v. MAY Plumbing Co.
  474 So. 2d 212· Fla.· 1985-07-03 ·cited 656×
  The Florida Supreme Court quashed a district court's decision that reversed an award of prejudgment interest, holding that the award was proper despite comparative negligence affecting the final damage amount.
• McCAIN v. Fla. Power Corp.
  593 So. 2d 500· Fla.· 1992-01-23 ·cited 646×
  The Florida Supreme Court reversed the Second District Court of Appeal's directed verdict for Florida Power Corporation in a negligence case where the plaintiff was injured by an underground electrical cable. The Court clarified that foreseeability operates differently in the dut
• Howard A. Engle, M.D. v. Liggett Grp., Inc.
  945 So. 2d 1246· Fla.· 2006-12-21 ·cited 544×
  This landmark case addresses the decertification of a nationwide tobacco class action and reverses a $145 billion punitive damages award while reinstating most compensatory damages to two of three class representatives. The Florida Supreme Court held that the Florida Settlement A
• West v. Caterpillar Tractor Co., Inc.
  336 So. 2d 80· Fla.· 1976-07-21 ·cited 444×
  Florida Supreme Court adopts the doctrine of strict liability in tort for defective products, extending liability to both users and foreseeable bystanders. The court holds that contributory negligence is not a defense when based on failure to discover defects, but ordinary lack o
• Fabre v. Marin
  623 So. 2d 1182· Fla.· 1993-08-26 ·cited 431×
  The Florida Supreme Court interprets section 768.81(3) of the Florida Statutes, which eliminates joint and several liability for noneconomic damages, holding that a defendant is liable only for damages proportionate to that defendant's percentage of fault among all accident parti
• Wills v. Sears
  351 So. 2d 29· Fla.· 1977-09-08 ·cited 351×
  The Florida Supreme Court reversed a summary judgment granted to Sears in a negligence case, holding that genuine issues of material fact existed regarding whether Sears created a dangerous condition and whether that condition proximately caused Mrs. Wills' injuries when she fell
• Kaisner v. Kolb
  543 So. 2d 732· Fla.· 1989-03-30 ·cited 291×
  The Florida Supreme Court held that police officers owe a duty of care to motorists they detain during roadside traffic stops, and that operational negligence in conducting such stops is not shielded by governmental immunity. The court reversed summary judgment and remanded for t
• Dania Jai-Alai Palace, Inc. v. Sykes
  450 So. 2d 1114· Fla.· 1984-05-03 ·cited 272×
  The Florida Supreme Court reversed a district court decision that pierced the corporate veil of a parent company without finding improper conduct, holding that piercing the corporate veil requires a showing of improper conduct, fraud, or misuse of the corporate form. The Court al
• Gooding v. Univ. Hosp. Bldg., Inc.
  445 So. 2d 1015· Fla.· 1984-01-19 ·cited 258×
  The Florida Supreme Court held that in medical malpractice actions, a plaintiff must prove the defendant's negligence more likely than not caused the injury, rejecting the "loss of a chance to survive" theory that would allow recovery based merely on decreased chances of survival
• Smith v. Dep't OF Ins.
  507 So. 2d 1080· Fla.· 1987-04-23 ·cited 249×
  The Florida Supreme Court upheld most of the Tort Reform and Insurance Act of 1986, which was enacted in response to a commercial liability insurance crisis. However, the Court held unconstitutional the $450,000 cap on noneconomic damages and struck down provisions retroactively
• Atl. Coast Line R.R. Co. v. Crosby
  53 Fla. 400· Fla.· 1907-01-01 ·cited 231×
  In this negligence case, a 10-year-old passenger sued the Atlantic Coast Line Railroad for injuries sustained when a locomotive struck passenger cars where she was standing on the platform. The court reversed the jury verdict of $5,000 for plaintiff because the trial court's init
• Clay Elec. Coop., Inc. v. Johnson
  873 So. 2d 1182· Fla.· 2003-12-18 ·cited 207×
  The Florida Supreme Court held that Clay Electric Cooperative owed a legally recognized duty of reasonable care to maintain streetlights it had contracted to maintain, even to third parties not in privity with the company. The court reversed summary judgment and applied the under
• Gates v. Foley
  247 So. 2d 40· Fla.· 1971-04-07 ·cited 197×
  The Florida Supreme Court overruled its prior precedent denying wives a cause of action for loss of consortium when their husbands are negligently injured, holding that such discrimination based on sex is unconstitutional and contrary to modern understandings of marriage as a par
• State Farm Mut. Auto. Ins. Co. v. Nichols
  932 So. 2d 1067· Fla.· 2006-06-01 ·cited 196×
  The Florida Supreme Court held that the offer of judgment statute applies to personal injury protection (PIP) insurance suits and that a PIP claim is a "civil action for damages." However, the Court affirmed the reversal of attorney's fees because the insurer's settlement proposa
• Stahl v. Metro. Dade Cnty.
  438 So. 2d 14· Fla. 3d DCA· 1983-06-07 ·cited 193×
  This appeal concerns whether Metropolitan Dade County's negligent maintenance of a bicycle path proximately caused the death of a 13-year-old bicyclist who was forced off the path by its poor condition and struck by a car in the adjoining street. The court reverses summary judgme
• Fla. E. Coast Ry. Co. v. Rouse
  194 So. 2d 260· Fla.· 1966-06-29 ·cited 188×
• Blackburn v. Dorta
  348 So. 2d 287· Fla.· 1977-05-05 ·cited 183×
  The Florida Supreme Court resolved a split among district courts by holding that the affirmative defense of implied assumption of risk has been merged into the defense of contributory negligence and is now subject to comparative negligence principles following Hoffman v. Jones. T
• Tyus v. Apalachicola N. R.R. Co.
  130 So. 2d 580· Fla.· 1961-05-17 ·cited 172×
  In a railroad crossing collision case, the Florida Supreme Court reversed the District Court of Appeal's reversal of a jury verdict in favor of the widow of a truck driver killed in the accident. The Court held that when there is conflicting testimony regarding defendant's neglig
• Merchs. Transp. Co. v. Daniel
  109 Fla. 496· Fla.· 1933-04-22 ·cited 170×
  In this wrongful death case, Annie Daniel recovered a $5,000 judgment against Merchants Transportation Company for the death of her husband, a road foreman struck by defendant's truck. The Florida Supreme Court affirmed the judgment, holding that the evidence supported liability
• Erling David Larsen v. Gen. Motors Corp.
  391 F.2d 495· 8th Cir.· 1968-03-11 ·cited 165×
  A manufacturer has a duty to use reasonable care in the design of its product to avoid subjecting the user to an unreasonable risk of injury or enhanced injury in the event of a foreseeable collision or impact.
• Duval v. Hunt
  34 Fla. 85· Fla.· 1894-06-01 ·cited 164×
  This is the first wrongful death action under Florida's 1883 statute. The court reversed a judgment for the plaintiffs, holding that two adult sisters lacked standing as "dependents," that the deceased employee's own negligence barred recovery under comparative negligence princip
• Wells v. Tallahassee Mem'l Reg'l Med. Ctr., Inc.
  659 So. 2d 249· Fla.· 1995-06-15 ·cited 161×
  The Florida Supreme Court held that setoff statutes do not apply to noneconomic damages in cases governed by Florida's comparative fault statute, which eliminates joint and several liability for noneconomic damages. Settlement proceeds must be apportioned between economic and non
• Owens v. Publix Supermarkets, Inc.
  802 So. 2d 315· Fla.· 2001-11-15 ·cited 158×
  The Florida Supreme Court reversed the directed verdicts in two slip-and-fall cases involving bananas on supermarket floors, holding that once a plaintiff proves they fell due to a transitory foreign substance, a rebuttable presumption of negligence arises, shifting the burden to
• Gross v. S. Ry. Co.
  414 F.2d 292· 5th Cir.· 1969-05-30 ·cited 149×
  The court held that genuine issues of material fact existed regarding negligence and comparative negligence, which should have been submitted to a jury, not decided by summary judgment.
• The Fla. Cent. & Peninsular R.R. Co. v. Foxworth
  41 Fla. 1· Fla.· 1899-01-01 ·cited 148×
  The Florida Supreme Court reversed a wrongful death judgment against a railroad company, holding that while a widow may recover damages for loss of her husband's comfort, society, and protection, the trial court erred in allowing recovery for the full value of the deceased's futu
• Fla. E. Coast Ry. Co. v. Hayes
  67 Fla. 101· Fla.· 1914-02-11 ·cited 146×
  The Florida Supreme Court reviewed a wrongful death judgment obtained by an administrator for a thirteen-year-old boy killed by the defendant railroad, establishing that damages awarded to an infant's estate must be limited to the present value of earnings the child would have ac
• Krol v. City OF Orlando
  778 So. 2d 490· Fla. 5th DCA· 2001-02-23 ·cited 141×
  Theresa Krol sued the City of Orlando after falling into an open storm drain and breaking her ankle. The trial court granted summary judgment to the City based on sovereign immunity for planning decisions and the obvious danger doctrine. The appellate court reversed, finding genu
• Jacksonville v. Peninsular Land
  27 Fla. 1· Fla.· 1891-01-01 ·cited 140×
  Jacksonville, Tampa & Key West Railway Company appeals a jury verdict of $52,909.03 in favor of Peninsular Land, Transportation and Manufacturing Company for damages caused by a fire that destroyed plaintiff's buildings and property in Tavares, Florida on April 9, 1888. The fire
• Carls Mkts., Inc. v. Meyer
  69 So. 2d 789· Fla.· 1953-07-28 ·cited 138×
  In this premises liability case, the Florida Supreme Court reversed a judgment for damages against a supermarket operator where a customer fell on a wet floor, finding reversible error in the trial court's handling of insurance evidence and improper admission of deposition testim
• Ryan v. Roscoe Noble
  95 Fla. 830· Fla.· 1928-04-27 ·cited 136×
  This case concerns the application of a statute making employers liable for employee injuries caused by negligence, specifically when the employer operates automobiles for public use. The court affirmed a jury verdict for an injured employee, finding sufficient evidence that the
• Finney P. Lynch v. Walker
  159 Fla. 188· Fla.· 1947-06-24 ·cited 130×
  In this automobile negligence case, the Florida Supreme Court held that a bailor-owner of an automobile for hire is liable for injuries caused by the negligent operation of the vehicle by a bailee, even without a master-servant relationship. The court overruled prior precedent li
• Pittman v. Volusia Cnty.
  380 So. 2d 1192· Fla. 5th DCA· 1980-03-12 ·cited 129×
  This case addresses whether a property owner's duty to an invitee is limited to warning of known dangers, or whether it extends to maintaining premises in a reasonably safe condition. The court held that an occupier owes two separate duties: to warn of concealed perils and to mai
• Philip Morris USA, Inc. v. Douglas
  110 So. 3d 419· Fla.· 2013-03-14 ·cited 128×·via Comparative Fault
  The Florida Supreme Court affirmed that the Phase I findings from the Engle class action tobacco litigation have res judicata effect in individual damages actions, allowing class members to establish the defendants' common liability without relitigating conduct and defect element
• Hervey v. Alfonso
  650 So. 2d 644· Fla. 2d DCA· 1995-02-01 ·cited 126×
  Appellant David Hervey challenged a summary judgment in a slip-and-fall negligence case against building maintenance contractor Anthony Alfonso. The appellate court reversed, holding that genuine issues of material fact existed regarding whether warning signs were actually presen
• Lincenberg v. Issen
  318 So. 2d 386· Fla.· 1975-07-30 ·cited 125×
  Florida's Supreme Court held that the common law rule against contribution among joint tortfeasors is no longer viable and must be abolished. The court reconciled this rule with its prior adoption of comparative negligence in Hoffman v. Jones, and applied the newly enacted Unifor
• Persis Stevens v. Tampa Elec. Co.
  81 Fla. 512· Fla.· 1921-04-12 ·cited 122×
  In a negligence suit arising from a street car-automobile collision, the Florida Supreme Court affirmed a directed verdict for the defendant street car company, holding that once a defendant railroad or street car company affirmatively proves its employees exercised all ordinary
• Auburn Mach. Works Co., Inc. v. Jones
  366 So. 2d 1167· Fla.· 1979-01-18 ·cited 115×
  The Florida Supreme Court rejected the 'patent danger' doctrine, which had previously barred manufacturer liability when a product's hazard was obvious to the user. The Court held that obviousness of danger is not an absolute exception to liability but rather a factor in determin
• GAY v. Ocean Transp. & Trading, Ltd.
  546 F.2d 1233· 5th Cir.· 1977-02-11 ·cited 110×
  Vessels are liable under the LHWCA only for their own negligence, guided by land-based tort principles, not for unseaworthiness or the negligence of stevedores. The obviousness of a danger does not automatically absolve a vessel of duty, but the stevedore's negligence can be the
• Fla. Cent. & Peninsular R.R. Co. v. Williams
  37 Fla. 406· Fla.· 1896-01-01 ·cited 108×
  A blind man was struck by a railroad engine at a public crossing in Gainesville, Florida, and recovered $500 in damages. The Florida Supreme Court reversed, finding the trial judge's instructions on contributory negligence and the plaintiff's duties as a blind person were erroneo
• Donnie E. Spinks v. Chevron OIL Co. & Barge Facilities, Inc.
  507 F.2d 216· 5th Cir.· 1975-01-27 ·cited 105×
  The court held that an employer's negligence need only be a contributing cause, not the sole proximate cause, of an injury to establish liability under the Jones Act. It also held that a seaman can have more than one Jones Act employer.
• Liggett Grp. Inc. v. Howard A. Engle, M.D.
  853 So. 2d 434· Fla. 3d DCA· 2003-05-21 ·cited 104×·via Comparative Fault
  The Third District Court of Appeal reversed a massive class action judgment against tobacco companies, decertifying the smokers' class and reversing a $145 billion punitive damages award. The court held that certification of smokers' class actions violates predominance and superi
• Am. Home Assurance Co. v. Nat'l R.R. Passenger Corp.
  908 So. 2d 459· Fla.· 2005-07-07 ·cited 103×·via Comparative Fault
  The Florida Supreme Court answered four certified questions from the Eleventh Circuit regarding comparative fault apportionment to vicariously liable parties and the enforceability of municipal indemnification agreements under Florida sovereign immunity law. The Court held that c
• Conway v. Chem. Leaman Tank Lines, Inc.
  610 F.2d 360· 5th Cir.· 1980-01-25 ·cited 102×
  The trial court abused its discretion in setting aside the jury's verdict and granting a new trial, as the verdict was supported by the evidence and not against the great weight thereof.
• Napoli v. [Transpacific Carriers Corp. & Universal Cargo Carriers
  536 F.2d 505· 2d Cir.· 1976-05-25 ·cited 100×
  The court held that a jury charge relieving a shipowner of liability for an obvious danger, without considering whether the shipowner should have anticipated the harm despite its obviousness, was erroneous under the revised Longshoremen's and Harbor Workers' Compensation Act.
• Gilchrist Timber Co. v. ITT Rayonier, Inc.
  696 So. 2d 334· Fla.· 1997-06-26 ·cited 99×
  The Florida Supreme Court addresses whether a party who negligently transmits false information can be liable for negligent misrepresentation when the recipient relied on it despite being able to discover its falsity through investigation. The Court holds that such liability exis
• Cenco Inc. v. Seidman & Seidman
  686 F.2d 449· 7th Cir.· 1982-03-26 ·cited 99×
  The court held that a corporation cannot shift the entire responsibility for fraud perpetrated by its top management for the company's benefit onto its auditors, and that auditors lack standing under RICO to sue for damages when used as a tool of the criminal enterprise.
• Quinn v. Truman Alan Millard
  358 So. 2d 1378· Fla. 3d DCA· 1978-05-09 ·cited 97×
  In this personal injury case arising from an automobile accident, the appellate court affirmed the jury verdicts for the plaintiff but reversed and remanded on the issue of Allstate's insurance policy limits, which the trial court failed to properly address. The court also reject
• Hagan v. SUN Bank OF Mid-Florida, N.A.
  666 So. 2d 580· Fla. 2d DCA· 1996-01-19 ·cited 96×
  Ruth Hagan appeals a trial court's grant of a new trial in her personal injury negligence case against Sun Bank. The trial court vacated a jury verdict in Hagan's favor, finding her attorney's closing argument was so inflammatory and prejudicial as to preclude rational jury consi