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

• S. Bell Tel. & Tel. Co. v. Welden
  483 So. 2d 487· Fla. 1st DCA· 1986-02-13 ·cited 28×
  The court held that the trial court erred in denying a motion for evidentiary hearing and discovery regarding allegations of fraud on the court, as the proffered evidence could constitute fraud rather than mere impeachment.
• AETNA Ins. Co. v. Norman
  468 So. 2d 226· Fla.· 1985-04-25 ·cited 28×
  Aetna Insurance Company sought review of a district court decision limiting its workers' compensation lien on a third-party tort settlement when the claimant's recovery was reduced by comparative negligence. The Florida Supreme Court held that while a carrier's lien on future ben
• Crane v. Consol. Rail Corp.
  731 F.2d 1042· 2d Cir.· 1984-03-30 ·cited 28×
  The court held that the district court abused its discretion by ordering a new trial on damages, as the issue of contributory negligence was separable from damages and the damages award was not tainted. However, the court affirmed the district court's discretion to order a new tr
• Thornburg v. Pursell
  446 So. 2d 713· Fla. 2d DCA· 1984-02-08 ·cited 28×
  In this negligence case involving injuries to an 11-year-old child who lost two permanent front teeth in a bicycle accident, the jury found liability but awarded damages equal only to past medical expenses ($575), excluding pain and suffering and future medical costs. The appella
• Besett v. Basnett
  437 So. 2d 172· Fla. 2d DCA· 1983-08-03 ·cited 28×
  In this real estate dispute, the trial court entered money judgments against real estate broker Czerwinski on both fraud and negligence counts arising from the sale of property with misrepresented acreage. The appellate court reversed the negligence judgment as a prohibited doubl
• Hylazewski v. WET 'N Wild, Inc.
  432 So. 2d 1371· Fla. 5th DCA· 1983-06-16 ·cited 28×
  The Florida District Court of Appeal reversed a dismissal, holding that a patron's complaint sufficiently alleged negligence against a water park. The patron claimed she was injured by an inflatable raft hurled by a wave machine, a danger she was unaware of and the park failed to
• In re the Complaint of Paducah Towing Co., Inc. v. Paducah Towing Co., Inc.
  692 F.2d 412· 6th Cir.· 1982-11-02 ·cited 28×
  The court held that the district court erred in admitting hearsay testimony and factual findings without proper foundation, and that the Endeavour's crew was also negligent, contributing to the accident.
• The Ins. Co. OF the State OF Pa. v. The Est. OF Frank Guzman
  421 So. 2d 597· Fla. 4th DCA· 1982-10-13 ·cited 28×
  An aircraft owned by Lauderdale Air Taxi, Inc. was lost while in the custody of Cavico Aircraft Sales for repairs. The jury awarded $80,000 to Lauderdale Air Taxi based on bailment and negligence theories. The appellate court reversed and remanded for a new trial, finding multipl
• Seese v. Volkswagenwerk A. G.
  648 F.2d 833· 3d Cir.· 1981-04-27 ·cited 28×
  The court held that North Carolina law does not recognize strict liability in tort for product defects, but does allow recovery for enhanced injuries under a crashworthiness theory. The exclusion of seat belt evidence was proper.
• Taenzler v. Burlington Northern
  608 F.2d 796· 8th Cir.· 1979-12-19 ·cited 28×
  The court held that expert testimony on future wage increases is admissible in FELA cases, even if it indirectly considers inflation, as long as it is not overly speculative and the jury is properly instructed on present value.
• Pub. Health Found. FOR Cancer & Blood Pressure Research, Inc. v. Cole
  352 So. 2d 877· Fla. 4th DCA· 1977-11-09 ·cited 28×
  This negligence case involves a plaintiff who was paralyzed after diving off a seawall at a recreation area owned by the defendants during low tide when water depths were dangerously shallow. The appellate court affirmed a $600,000 jury verdict for the plaintiff, rejecting the de
• Thibodeaux v. Tex. E. Transmission Corp.
  548 F.2d 581· 5th Cir.· 1977-03-11 ·cited 28×
  The court held that McDermott, not Texas Eastern, was actively negligent and breached its express warranty of workmanlike performance, thus Texas Eastern is entitled to indemnity from McDermott.
• Hall v. Holton
  330 So. 2d 81· Fla. 2d DCA· 1976-03-26 ·cited 28×
  A police officer injured when he fell through rotten flooring in an abandoned building sued the owner for negligence. The court reversed summary judgment, holding that a policeman is a licensee owed a duty of warning regarding hidden dangers, and that assumption of risk should me
• Sabala v. W. Gillette, Inc.
  516 F.2d 1251· 5th Cir.· 1975-08-04 ·cited 28×
  The court held that the district court did not err in finding that Western Gillette discriminated against minority employees by maintaining separate seniority systems and discouraging transfers, but erred in its calculation of back pay and attorney's fees.
• Johnson v. Serra
  521 F.2d 1289· 8th Cir.· 1975-06-30 ·cited 28×
  The court held that expert testimony projecting future inflation was too speculative for damage calculations, but the defendant's negligence was a proximate cause of the death despite the co-defendant's negligence. The court also held that contribution was not available due to wo
• Williams v. Brasea, Inc.
  497 F.2d 67· 5th Cir.· 1974-07-05 ·cited 28×
  The court held that the trial court's finding of negligence by Terry was clearly erroneous if Williams gave the order to engage the winch, and that Williams' contributory negligence was not a proximate cause if Terry acted without an order. The court reversed the products liabili
• Magill v. Westinghouse Elec. Corp.
  464 F.2d 294· 3d Cir.· 1972-07-14 ·cited 28×
  The court held that the jury's findings on liability were supported by sufficient evidence, but a new trial on damages was required due to the speculative nature of an earnings increase factor and an excessive survival action verdict.
• Mroz v. Dravo Corp.
  429 F.2d 1156· 3d Cir.· 1970-07-27 ·cited 28×
  The court held that the trial judge did not err in directing a verdict on the 1961 claim due to the statute of limitations and laches, nor in submitting issues of contributory negligence to the jury for the 1961 and 1965 claims, and that the jury could reasonably find negligence
• Abdo Tehr Hussein v. Isthmian Lines, Inc.
  405 F.2d 946· 5th Cir.· 1968-12-30 ·cited 28×
  The court held that the trial court erred in refusing to instruct the jury on unseaworthiness and in admitting foreign doctors' reports as business records. However, the court affirmed the trial judge's rulings on the requested charges regarding equipment selection and assumption
• Kennedy v. Pa. R.R. Co.
  282 F.2d 705· 3d Cir.· 1960-09-14 ·cited 28×
  The Railroad is entitled to recover from Steel the amount of the judgment paid to Kennedy due to Steel's failure to maintain the crossing.
• Holley v. THE S.S. Manfred Stansfield
  269 F.2d 317· 4th Cir.· 1959-07-09 ·cited 28×
  The court held that the Virginia Wrongful Death Act, when applied in admiralty, incorporates the maritime rule of comparative negligence, not the common law bar of contributory negligence.
• Martin v. Maynard R. Tindell
  98 So. 2d 473· Fla.· 1957-11-13 ·cited 28×
  A railroad traveling mechanic sued under the Federal Employers' Liability Act for injuries sustained when he slipped on water leaking from a faulty air conditioning unit, which had been repeatedly reported to the railroad prior to the accident. The trial court awarded $125,000, a
• Atl. Coast Line R.R. Co. v. Gornto
  89 Fla. 97· Fla.· 1925-02-07 ·cited 28×
  The Florida Supreme Court reversed a jury verdict awarding damages to a motorist injured in a collision with a railroad train at a highway crossing, holding that the plaintiff failed to exercise reasonable prudence when attempting to cross in front of a rapidly approaching train
• Philip Morris USA, Inc. v. Tullo
  121 So. 3d 595· Fla. 4th DCA· 2013-08-07 ·cited 27×·via Comparative Fault
  This appeal addresses whether a trial court properly instructed the jury on concurring causes for Engle class membership and whether improper closing arguments by plaintiff's counsel warranted a new trial in a tobacco death case. The Fourth District affirmed the jury verdict awar
• Philip Morris USA, Inc. v. Lucinda Naugle
  103 So. 3d 944· Fla. 4th DCA· 2012-12-12 ·cited 27×·via Comparative Fault
  Philip Morris USA appeals a judgment awarding Lucinda Naugle $36.7 million for injuries caused by cigarette addiction. The court affirmed the liability findings under Engle tobacco litigation principles but reversed and remanded for a new trial on damages, finding the jury's awar
• Quarantello v. Leroy
  977 So. 2d 648· Fla. 5th DCA· 2008-02-15 ·cited 27×
  The court resolved whether Florida Statute 316.613(3), which prohibits evidence of failure to use child passenger restraints from being considered comparative negligence, also bars such evidence entirely in negligence actions by injured children against caretakers. The court held
• Citrus Cnty. v. McQUILLIN
  840 So. 2d 343· Fla. 5th DCA· 2003-02-21 ·cited 27×
  Citrus County appeals a jury verdict in a wrongful death case awarding $5.56 million (reduced by 80% for comparative negligence) to the estate of Deborah McQuillin, who died in a car accident. The court affirmed the liability and damages awards except for the $50,400 net accumula
• Scott v. TPI Rests., Inc.
  798 So. 2d 907· Fla. 5th DCA· 2001-11-09 ·cited 27×
  The court held that the trial court erred in granting a directed verdict for the defendant because the evidence, viewed in the light most favorable to the plaintiff, could support a jury verdict in her favor.
• Knight v. Waltman
  774 So. 2d 731· Fla. 2d DCA· 2000-10-27 ·cited 27×
  The Knights appealed a summary judgment in a personal injury case arising from Mr. Knight's fall through a hole in the roof while helping the Waltmans reroof their house. The court affirmed summary judgment on the negligent luring and failure to warn claims but reversed on the pr
• Jacobs v. Westgate
  766 So. 2d 1175· Fla. 3d DCA· 2000-09-13 ·cited 27×
  Jonathan Jacobs appealed a judgment in his negligence suit against his landlord Christopher Westgate and neighbor Russell Lyons after they disposed of his personal property by moving it into the street. The court reversed and remanded, holding that Jacobs was entitled to directed
• Ass'n FOR Retarded Citizens-Volusia, Inc. v. Fletcher
  741 So. 2d 520· Fla. 5th DCA· 1999-06-18 ·cited 27×·via Comparative Fault
  ARC operated a summer camp where a 17-year-old boy with uncontrolled seizures drowned and died from aspirated water and subsequent ARDS. The trial court granted summary judgment preventing ARC from arguing that negligent medical treatment caused the death, and the jury found ARC
• Griefer v. DiPIETRO
  708 So. 2d 666· Fla. 4th DCA· 1998-04-08 ·cited 27×
  In a second trial of a personal injury case stemming from a pedestrian accident, the trial court excluded the plaintiff's human factors expert and denied rebuttal testimony, committing reversible error. The appellate court reversed, finding the exclusion of expert testimony to be
• Cygler v. Presjack
  667 So. 2d 458· Fla. 4th DCA· 1996-01-31 ·cited 27×
  Helen Cygler, as executrix of two deceased estates, appeals a summary judgment in favor of the Florida Department of Transportation (FDOT) in a wrongful death and personal injury case arising from a 1993 highway accident. The court affirmed, holding that FDOT retained sovereign i
• ED Ricke & Sons, Inc. v. Green
  609 So. 2d 504· Fla.· 1992-10-22 ·cited 27×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision that estopped Ed Ricke & Sons from introducing evidence it did not install a defective water heater. The Court held that newly discovered evidence should be allowed in subsequent trials absent prejud
• United States v. Cannons Eng'g Corp.
  899 F.2d 79· 1st Cir.· 1990-03-20 ·cited 27×·via Comparative Fault
  The court affirmed the district court's approval of CERCLA consent decrees, finding them procedurally and substantively fair, and reasonable, deferring to the EPA's expertise in structuring settlements.
• Jules Simeon, Sr. v. T. Smith & SON, Inc.
  852 F.2d 1421· 5th Cir.· 1988-08-10 ·cited 27×·via Comparative Fault
  The court held that concurrent tortfeasors in maritime law are jointly and severally liable, even when the plaintiff is contributorily negligent, and this rule applies to a Jones Act defendant alongside a general maritime law defendant. The court also found that the jury's award
• Mazzilli v. James W. Doud & the City of Hialeah
  485 So. 2d 477· Fla. 3d DCA· 1986-03-25 ·cited 27×
  Mazzilli and Story, DEA agents, were shot by police officer Doud during an arrest operation and sued the City of Hialeah and Doud for personal injury, assault and battery, negligence, and civil rights violations. The court affirmed the directed verdict dismissing the municipal ci
• Kapetanopoulos v. Herbert
  449 So. 2d 947· Fla. 2d DCA· 1984-05-04 ·cited 27×
  Appellants were defaulted for failing to file responsive pleadings in a personal injury action, and a judgment was entered against them. The court reversed, finding that appellants established both excusable neglect and a meritorious defense, as they reasonably relied on represen
• Copeland v. The Celotex Corp.
  447 So. 2d 908· Fla. 3d DCA· 1984-03-06 ·cited 27×·via Comparative Fault
  This case of first impression in Florida addresses whether plaintiffs exposed to asbestos products over many years can recover damages when they cannot identify which manufacturer's specific product caused their injuries. The court adopts the market share liability doctrine, allo
• Taylor v. Tolbert Enters., Inc.
  439 So. 2d 991· Fla. 1st DCA· 1983-10-26 ·cited 27×
  Plaintiff Taylor appealed the grant of summary judgment in a negligence action arising from her slip-and-fall on a motel walkway. The court reversed, holding that even where a dangerous condition is open and obvious, summary judgment is improper when there is a disputed question
• Cummings v. Sine
  404 So. 2d 147· Fla. 2d DCA· 1981-09-09 ·cited 27×
  The Florida District Court of Appeal granted a writ of certiorari to vacate a trial court's order permitting respondents to interview jurors post-verdict. The court held that juror interviews are improper when they would necessarily inquire into jurors' thought processes, reasoni
• Mariano Santiesteban v. McGRATH
  320 So. 2d 476· Fla. 3d DCA· 1975-10-21 ·cited 27×
  The court reviewed consolidated appeals from a jury verdict in a car accident damage suit, addressing the plaintiff's argument that the trial court erred in submitting the issue of comparative negligence to the jury after directing a verdict on the defendant's liability.
• Green v. Atl. Co.
  61 So. 2d 185· Fla.· 1952-10-31 ·cited 27×
  The Supreme Court of Florida reversed a jury verdict for the defendant in a wrongful death action. The court found that the jury instructions given by the trial court were abstract and did not adequately address the specific facts of the case, particularly concerning the defendan
• Stanaland v. Atl. Coast Line R. Co.
  192 F.2d 432· 5th Cir.· 1951-11-20 ·cited 27×
  The court held that the complaint's allegations, when treated as true, sufficiently stated a claim for wrongful death, precluding dismissal for failure to state a claim.
• Powell v. Jackson Grain Co.
  134 Fla. 596· Fla.· 1938-10-24 ·cited 27×
  The Florida Supreme Court reversed a trial court's directed verdict for a railroad company in a negligence action arising from a train-truck collision at a street crossing, holding that the jury should have decided the conflicting evidence on negligence, contributory negligence,
• Lawrence R. Grobman, M.D. v. Posey
  863 So. 2d 1230· Fla. 4th DCA· 2003-12-31 ·cited 26×
  In this medical malpractice case, the Fourth District Court of Appeal held that non-settling defendants are entitled to a full setoff for settlement payments made by a settling defendant when the settling defendant's liability is based solely on vicarious or derivative liability
• Ortlieb v. Carmen and Tracy Butts
  849 So. 2d 1165· Fla. 4th DCA· 2003-07-23 ·cited 26×
  In a rear-end collision case, the Fourth District Court of Appeal reversed the trial court's grant of additur (increase in damages) and its denial of a directed verdict on liability. The court held that the jury's verdict was supported by conflicting evidence regarding the extent
• Fenster v. Publix Supermarkets, Inc.
  785 So. 2d 737· Fla. 4th DCA· 2001-05-30 ·cited 26×
  Marilyn Fenster sued Publix Supermarkets for negligence after tripping over a stock cart while shopping. The trial court granted Publix summary judgment, but the appellate court reversed, finding genuine disputes of material fact precluded summary judgment in this negligence case
• Dolphin Cruise Line, Inc. v. Stylianos Stassinopoulos
  731 So. 2d 708· Fla. 3d DCA· 1999-02-10 ·cited 26×
  Dolphin Cruise Line appeals a jury verdict awarding damages to a crew member for injuries sustained in a slip-and-fall accident on the ship, while the crew member cross-appeals the zero award for non-economic damages. The court affirms the main appeal but reverses the cross appea
• Lotto v. Point E. TWO Condo. Corp., Inc.
  702 So. 2d 1361· Fla. 3d DCA· 1997-12-24 ·cited 26×
  Edith Lotto sued her condominium association for negligence after slipping and falling on a cracked, uneven exterior sidewalk. The trial court granted summary judgment to the association, but the appellate court reversed, holding that even though the sidewalk's deteriorated condi