Comparative Negligence

2,627 Florida cases classified under this topic · sorted by citation count

• Reinhart v. United States
  457 F.2d 151· 9th Cir.· 1972-03-13 ·cited 18×
  The dissenting judge would hold that the district court erred in finding the chief mate had a duty to inspect and correct damaged sheathing, and would reverse on liability.
• Andrews v. Chem. Carriers, Inc.
  457 F.2d 636· 3d Cir.· 1972-02-15 ·cited 18×
  The court affirmed the district court's judgment, holding that the respondents' arguments regarding proximate cause and the sufficiency of the comparative negligence reduction were unpersuasive and that arguments not raised below could not be considered on appeal.
• State OF Miss. for the Use of Mrs. Robert E. Derrow & Mrs. Robert E. Derrow v. Durham
  444 F.2d 152· 5th Cir.· 1971-06-08 ·cited 18×
  The court held that admitting a hearsay tape recording to impeach one's own witness, when the witness's testimony was not surprising and the tape was used substantively, constituted reversible error. The court also affirmed the trial court's instruction on the sheriff's duty of c
• Anderson v. Eagle Motor Lines, Inc.
  423 F.2d 81· 5th Cir.· 1970-02-16 ·cited 18×
  The court held that the jury verdict was supported by the evidence and that the trial court did not err in its jury instructions or in denying post-trial motions.
• Dore v. The Link Belt Co.
  391 F.2d 671· 5th Cir.· 1968-03-25 ·cited 18×
  The Death on the High Seas Act (DOHSA) provides the exclusive remedy for deaths occurring on the outer Continental Shelf beyond a marine league from shore, precluding application of broader state remedies.
• Boleski v. Am. Exp. Lines, Inc.
  385 F.2d 69· 4th Cir.· 1967-10-12 ·cited 18×
  The court held that the admission of expert testimony and the jury instructions regarding safety regulations were proper, and that the jury's findings on negligence, unseaworthiness, and contributory negligence were supported by sufficient evidence.
• Betty Bush and her husband v. Louisville & Nashville R.R. Co.
  260 F.2d 854· 5th Cir.· 1958-11-05 ·cited 18×
  The court held that the trial court did not err in its jury instructions regarding the railroad's right-of-way or in failing to provide an illustrative example of comparative negligence calculations.
• Maher v. Isthmian S.S. Co.
  253 F.2d 414· 2d Cir.· 1958-03-11 ·cited 18×
  An appellate court will not review a trial court's denial of a motion for a new trial based on an allegedly inadequate or compromise verdict unless the record clearly demonstrates such a compromise.
• Ill. Cent. R.R. Co. v. Underwood
  235 F.2d 868· 5th Cir.· 1956-08-03 ·cited 18×
  The court held that the evidence presented at the second trial demonstrated it was physically impossible for the engineer to have avoided the collision, thus negating the Last Clear Chance doctrine.
• Carls Mkts., Inc. v. Leonard
  73 So. 2d 826· Fla.· 1954-07-20 ·cited 18×
  Carl's Markets appeals from a jury verdict in favor of a customer who slipped and fell on waxed paper in the store. The Florida Supreme Court reversed, holding that the store had no duty to warn of or remove the paper where there was no evidence the store knew or should have know
• Peninsular Tel. Co. v. Dority
  128 Fla. 106· Fla.· 1937-04-26 ·cited 18×
  Peninsular Telephone Company appeals a $12,500 verdict to an injured lineman under Florida's Hazardous Occupation Act, claiming the employee was negligent in failing to inspect the telephone pole before climbing it. The Supreme Court affirmed the judgment conditionally, holding t
• Butler v. S. Ry. Co.
  63 Fla. 95· Fla.· 1912-01-01 ·cited 18×
  The Florida Supreme Court reversed the trial court's sustaining of demurrers to a wrongful death complaint brought by minor children against a railroad company for negligently operating a train that struck and killed their father. The court held that the complaint adequately stat
• Guardian v. Agency for Health Care Admin.
  24 So. 3d 590· Fla. 5th DCA· 2009-10-23 ·cited 17×
  The Court of Appeals correctly concluded that two trial errors violated clearly established federal law, but these errors did not prejudice the defendant and thus do not entitle him to relief.
• Tacher v. Asmus
  743 So. 2d 157· Fla. 3d DCA· 1999-10-20 ·cited 17×
  In this rear-end collision case, the trial court directed a verdict finding the rear driver negligent based on the presumption of negligence applicable to rear-end collisions. The appellate court affirmed, holding that a sudden stop at a busy intersection is reasonably foreseeabl
• K-Mart Corp. v. Collins
  707 So. 2d 753· Fla. 2d DCA· 1998-01-09 ·cited 17×
  K-Mart appealed a trial judge's order granting the Collins a new trial in a slip-and-fall case where the jury found K-Mart 30% negligent and the plaintiff 70% negligent. The appellate court reversed, holding that the trial judge abused discretion by improperly substituting its ju
• Parvin Wright v. Caruana
  640 So. 2d 197· Fla. 3d DCA· 1994-08-02 ·cited 17×
  In this negligence action arising from a 1987 automobile accident, the court addressed whether a defendant's offer of judgment made only 27 days before trial could serve as a basis for recovering costs and attorney's fees. The court held that offers of judgment must provide the o
• Bonita Conquest
  637 So. 2d 40· Fla. 2d DCA· 1994-05-11 ·cited 17×
  Bonita Conquest appealed the dismissal of her complaint against Auto-Owners Insurance Company, seeking damages for unfair claims settlement practices after winning a negligence verdict against the insured. The Second District Court of Appeal held that third parties may bring stat
• Bulldog Leasing Co., Inc. v. Curtis
  630 So. 2d 1060· Fla.· 1994-01-27 ·cited 17×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's decision requiring a new trial in a seat belt defense case, holding that competent evidence of existing seat belts in a vehicle establishes a prima facie case that they were operational, without requiring de
• Schindler Corp. v. Timm Ross
  625 So. 2d 94· Fla. 3d DCA· 1993-10-05 ·cited 17×
  Schindler Corporation appealed a negligence judgment in a case involving a police officer injured when entering a misleveleled elevator. The Florida appellate court reversed and remanded, finding two reversible errors: the trial court improperly refused to allow the jury to asses
• Stokes v. Ruttger
  610 So. 2d 711· Fla. 4th DCA· 1992-12-23 ·cited 17×
  A property owner's judgment notwithstanding the verdict was reversed where a jury found both parties 50% negligent in a case involving a landscaper who lost his foot when his mower fell into a hole near the owner's seawall. The court held sufficient evidence supported the jury's
• Helmut R. Tevini v. Roscioli Yacht Sales, Inc.
  597 So. 2d 913· Fla. 4th DCA· 1992-04-22 ·cited 17×
  Buyers of a yacht sued the yacht broker and others for negligent misrepresentation regarding the vessel's title. The Florida appellate court reversed the trial court's denial of a directed verdict for the broker, holding that the express contract disclaimer regarding title repres
• Williams v. Jader Fuel Co., Inc.
  944 F.2d 1388· 7th Cir.· 1991-10-01 ·cited 17×
  The court held that the trial court erred in granting a directed verdict on the breach of contract claim and the willfulness claim, as there were triable issues of fact for the jury.
• Myers v. Griffin-Alexander Drilling Co.
  910 F.2d 1252· 5th Cir.· 1990-09-07 ·cited 17×
  The court held that the trial court did not abuse its discretion in admitting expert testimony, that sufficient evidence supported the jury's liability verdict, and that the defendant was not entitled to an offset for a prior settlement. However, a portion of the damages awarded
• Huffman v. Caterpillar Tractor Co.
  908 F.2d 1470· 10th Cir.· 1990-04-18 ·cited 17×
  The court held that Colorado's Comparative Fault statute, as applied to product liability actions, defines 'fault' broadly to include ordinary negligence, and that federal law governs the recovery of expert witness fees in diversity cases.
• McADAM v. Dean Witter Reynolds, Inc.
  896 F.2d 750· 3d Cir.· 1990-02-13 ·cited 17×
  The court held that the jury's award on the UCC counts was duplicative and unsustainable because it exceeded the plaintiff's net loss after accounting for refunds.
• Carey v. Bahama Cruise Lines
  864 F.2d 201· 1st Cir.· 1988-12-20 ·cited 17×
  The court held that maritime law, not Massachusetts comparative negligence law, governs the calculation of damages for a maritime tort, and that the district court erred in applying the Massachusetts rule which barred recovery when the plaintiff was more than 50% negligent.
• Montgomery Ward & Co., Inc. v. Pope
  532 So. 2d 722· Fla. 3d DCA· 1988-09-20 ·cited 17×
• Johnson v. Fla. Farm Bureau Cas. Ins. Co.
  542 So. 2d 367· Fla. 4th DCA· 1988-01-20 ·cited 17×
  The personal representative of a child killed by a tractor-trailer driver appeals a judgment excluding punitive damages evidence. The court reverses and remands for a new trial on punitive damages after the Florida Supreme Court's Brackin decision made blood alcohol test results
• City OF Coral Gables v. Prats
  502 So. 2d 969· Fla. 3d DCA· 1987-02-10 ·cited 17×
  The City of Coral Gables appealed a jury verdict finding it liable for injuries caused by a dangerous barricade placed by its independent contractor. The appellate court held that the City assumed a nondelegable duty to maintain sidewalks safely under its contract with the Depart
• Robbins v. Dep't OF Natural Res.
  468 So. 2d 1041· Fla. 1st DCA· 1985-05-07 ·cited 17×
  The trial court erred in granting summary judgment for the defendant based on express assumption of risk, as there was a genuine issue of material fact regarding the plaintiff's subjective appreciation of the risk.
• Pritchett v. Jacksonville Auction, Inc.
  449 So. 2d 364· Fla. 1st DCA· 1984-04-13 ·cited 17×
  Pritchett appeals a directed verdict granted in favor of the defendant driver and vehicle owner after the driver backed a pickup truck over her in a parking lot. The appellate court reversed, holding that whether the driver exercised reasonable care was a jury question and that s
• Honeywell, Inc. v. Trend Coin Co.
  449 So. 2d 876· Fla. 3d DCA· 1984-04-03 ·cited 17×
  The court held that the trial court erred in excluding expert testimony regarding the value of stolen merchandise and in awarding prejudgment interest on an unliquidated claim.
• Mansur v. Eubanks
  368 So. 2d 645· Fla. 1st DCA· 1979-03-20 ·cited 17×
  The court agrees that defendants have a right to prove death-qualified jurors are conviction-prone and that the jury was so qualified, which would warrant a new trial.
• McPHEE v. Dade Cnty.
  362 So. 2d 74· Fla. 3d DCA· 1978-08-15 ·cited 17×
  A personal representative of a drowning victim's estate appealed a summary judgment dismissing her negligence suit against Dade County and its insurer. The court affirmed the dismissal, holding that Dade County enjoys absolute sovereign immunity as a state agency, which is not wa
• Elvenier Owens v. Int'l Paper Co.
  528 F.2d 606· 5th Cir.· 1976-03-15 ·cited 17×
  The court held that plaintiffs failed to present sufficient evidence of a "peculiar environment" to overcome Mississippi's occupied crossing doctrine, and thus, the trial court's instructed verdict was proper.
• Allstate Ins. Co. v. Greenstein
  308 So. 2d 561· Fla. 3d DCA· 1975-02-25 ·cited 17×
  The court held that the trial court did not err in directing a verdict for the plaintiff based on strict liability for a dog bite statute, nor in refusing to apply comparative negligence to the liability aspect of the case.
• Loftin v. Ozie Lee Nolin
  86 So. 2d 161· Fla.· 1956-02-10 ·cited 17×
  In a railroad crossing accident case, the Florida Supreme Court affirmed that a jury could find the railroad company partially negligent despite the plaintiff's decedent traveling at high speed, but reversed for a new trial because the trial court erroneously instructed the jury
• Odom v. R.J. Reynolds Tobacco Co.
  254 So. 3d 268· Fla.· 2018-09-20 ·cited 16×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's decision that had overturned a $4.5 million noneconomic damages award to an adult daughter for her mother's wrongful death from tobacco-related lung cancer. The Supreme Court held that the trial court did no
• Cruz-Govin v. Torres
  29 So. 3d 393· Fla. 3d DCA· 2010-03-03 ·cited 16×
  Petitioners sought a writ of certiorari to quash discovery orders requiring disclosure of Cruz-Govin's substance abuse treatment records from a rehabilitation facility. The court held that the psychotherapist-patient privilege protected these records because the opposing party (T
• Owen v. Morrisey
  793 So. 2d 1018· Fla. 4th DCA· 2001-07-11 ·cited 16×
  A Florida appellate court reversed a jury verdict awarding substantial future economic damages (approximately $1.8 million) to an injured truck driver where the jury found no permanent injury. The court held that while a permanent injury is not an absolute prerequisite to recover
• Smith v. Hooligan's PUB & Oyster BAR, Ltd.
  753 So. 2d 596· Fla. 3d DCA· 2000-02-16 ·cited 16×
  The Smith family appealed a wrongful death judgment against a bar for negligent security after their son was killed in an altercation outside the establishment. The court reversed and remanded for a new trial, holding that the trial court improperly admitted character evidence re
• Cleomene Alexandre and Edner Francois v. Staci Lee Meyer
  732 So. 2d 44· Fla. 4th DCA· 1999-05-05 ·cited 16×
  A plaintiff's demand for judgment under section 768.79 is not made in bad faith solely because the defendant's insurance policy limits are lower than the demand amount.
• Kidron, Inc. v. Carmona
  665 So. 2d 289· Fla. 3d DCA· 1995-12-06 ·cited 16×
  Kidron, Inc. appeals a jury verdict awarding wrongful death damages to Iliana Carmona for the death of her husband, whose vehicle was forced under a Kidron-manufactured truck lacking a rear under-ride guard. The court reverses and remands, holding that comparative negligence prin
• City OF Miami v. Cisneros
  662 So. 2d 1272· Fla. 3d DCA· 1995-09-13 ·cited 16×
  The City of Miami appeals a negligence judgment against it for injuries sustained by an 11-year-old football player. The court affirms, holding that while participation in contact sports may constitute assumption of inherent risks, it does not shield a coach from liability for ne
• Nadia Bach and Ronald Carter v. Murray
  658 So. 2d 546· Fla. 3d DCA· 1995-05-10 ·cited 16×
  In this personal injury appeal, the court reversed a trial judgment awarding zero damages and finding equal liability where undisputed evidence showed the plaintiff sustained injuries and the defendant failed to yield at a stop sign. The court held that a jury cannot award zero d
• Standard Havens Prods., Inc. v. Benitez
  648 So. 2d 1192· Fla.· 1994-12-01 ·cited 16×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a plaintiff's knowing misuse of a product in an unforeseeable manner bars recovery on a negligence-based products liability claim. The Court held that product misuse does not const
• Mason v. The Dist. Bd. OF Trs. OF Broward Cmty. Coll.
  644 So. 2d 160· Fla. 4th DCA· 1994-10-26 ·cited 16×
  Appellant Mason sought additur or new trial after a jury found him and the college equally negligent but awarded him only $9,000 for past medical expenses while denying damages for past pain and suffering, future expenses, and future pain and suffering. The Fourth District revers
• Langmead v. Admiral Cruises, Inc.
  610 So. 2d 565· Fla. 3d DCA· 1992-12-08 ·cited 16×
  This case involves an employee's personal injury claim against her employer after an accident on a cruise ship. The appellate court affirmed the jury's finding of comparative negligence but reversed the directed verdict on the maintenance and cure claim, remanding for further pro
• Doyle Bradshaw v. Freightliner Corp. & Nat'l Seating Co.
  937 F.2d 197· 5th Cir.· 1991-08-02 ·cited 16×
  The court held that the jury instructions were proper, hearsay testimony was harmless, and the plaintiff's comparative negligence was correctly applied under the Texas Tort Reform Act.
• McCLOUD v. Sherman Mobile Concrete Co., Inc.
  579 So. 2d 773· Fla. 2d DCA· 1991-05-03 ·cited 16×
  The appellants sought a new trial on damages after a jury returned a zero damages verdict despite finding the defendant negligent and the plaintiff injured. The court reversed, holding that while conflicting evidence on permanent injury could support a reduced damages award, ther