Comparative Negligence

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

• Rockwell Int'l Corp. v. Gregorie Menzies and Ziol Menzies
  561 So. 2d 677· Fla. 3d DCA· 1990-05-15 ·cited 16×
  Rockwell International appealed a default judgment on product liability after the trial court struck its pleadings due to destruction of critical evidence—two bolts from a table saw—despite a court order prohibiting alteration or destruction. The court affirmed, holding that dest
• Racich v. The Celotex Corp.
  887 F.2d 393· 2d Cir.· 1989-10-05 ·cited 16×
  The court held that punitive damages were permissible under New York's revival statute and that the award was not tainted by improper remarks, nor did it violate constitutional due process protections that were properly preserved.
• Knapp v. Shores
  550 So. 2d 1155· Fla. 3d DCA· 1989-10-03 ·cited 16×
  The court held that limiting voir dire and closing arguments for one plaintiff was reversible error, and striking a comparative negligence finding based on a seat belt defense was also error due to lack of evidence.
• Geosearch, Inc. v. Howell Petroleum Corp.
  819 F.2d 521· 5th Cir.· 1987-06-08 ·cited 16×
  The court held that the trial court did not err in submitting the negligent misrepresentation claim to the jury, in its interpretation of the jury's damages award, or in its refusal to reduce the award for comparative negligence.
• Massey v. Netschke
  504 So. 2d 1376· Fla. 4th DCA· 1987-04-08 ·cited 16×
  In this negligence case arising from a motorcycle-automobile collision, the court reversed the trial court's denial of a new trial motion, finding that a zero-damage verdict was grossly inadequate as a matter of law despite jury findings of defendant's negligence. The appellate c
• Mullan v. Quickie Aircraft Corp.
  797 F.2d 845· 10th Cir.· 1986-07-21 ·cited 16×
  The court held that the district court did not err in denying a directed verdict on the breach of warranty claim and in allowing expert testimony based on factual portions of NTSB reports. However, the court reversed the striking of the disclaimer provision as unconscionable, fin
• Garnes v. Gulf & W. Mfg. Co.
  789 F.2d 637· 8th Cir.· 1986-04-30 ·cited 16×
  The court held that the trial court erred in instructing the jury on the manufacturer's duty to warn, as the danger was open and obvious, and also erred by allowing a double recovery for loss of consortium damages. The use of the term 'experts' and the 'non-delegable duty' instru
• Conti v. Ford Motor Co. & Winner Ford
  743 F.2d 195· 3d Cir.· 1984-09-17 ·cited 16×
  The court held that the plaintiffs failed to prove that the existence of any additional warning would have prevented the accident, thus the issue of causation should not have been submitted to the jury as a matter of law.
• Leahy v. The Sch. Bd. OF Hernando Cnty.
  450 So. 2d 883· Fla. 5th DCA· 1984-05-10 ·cited 16×
  A student was injured during a high school football drill when his face collided with another player's helmet after he was allowed to participate without protective equipment. The court reversed a directed verdict for the school board, holding that a jury could find the school ne
• Iowa Nat'l Mut. Ins. Co. v. Elease Worthy
  447 So. 2d 998· Fla. 5th DCA· 1984-03-22 ·cited 16×
  A PIP insurance company appealed a jury verdict awarding punitive damages for allegedly fraudulent inducement of a release. The court reversed, holding that the insurer's adjuster's suggestion to pursue remaining medical expenses through the at-fault party's liability insurer was
• Nunley v. M/V Dauntless Colocotronis
  727 F.2d 455· 5th Cir.· 1984-03-19 ·cited 16×
  The court held that the negligent upriver defendants were liable for damages caused by a subsequent collision with a sunken barge, contrary to established interpretation of the Wreck Act.
• Alean Hester Faust v. S.C. State Hwy. Dep't
  721 F.2d 934· 4th Cir.· 1983-11-01 ·cited 16×
  The United States is not liable for failing to mark or remove the ferry cable, and South Carolina is immune from suit under the Eleventh Amendment. Prior precedent on state waiver of immunity is overruled.
• Janeen Barber v. United States
  711 F.2d 128· 9th Cir.· 1983-07-19 ·cited 16×
  The court held that amended findings of fact were clearly erroneous because they were made to conform to a predetermined outcome rather than solely on the evidence.
• Darrell Swanson Consol. Servs. v. Davis
  433 So. 2d 651· Fla. 1st DCA· 1983-06-27 ·cited 16×
  The court held that attorney's fees under the Florida Deceptive and Unfair Trade Practices Act were improperly awarded because the transaction did not qualify as a 'consumer transaction' due to the plaintiff's prior engagement in the business.
• United Parcel Servs. & Liberty Mut. Ins. Co. v. Carmadella
  432 So. 2d 702· Fla. 3d DCA· 1983-06-07 ·cited 16×
  This case concerns whether a workers' compensation carrier is entitled to a pro rata distribution from a settlement obtained by an injured employee against a third-party tortfeasor, when the employee was 100% at fault.
• Walston v. Florida Highway Patrol
  429 So. 2d 1322· Fla. 5th DCA· 1983-04-20 ·cited 16×
  Police officers owe a duty of care to arrestees to protect them from foreseeable danger, but owe no such duty to intoxicated individuals not under arrest who are injured by a third party's actions.
• Kendrick v. Ill. Cent. Gulf R.R. Co.
  669 F.2d 341· 5th Cir.· 1982-03-05 ·cited 16×
  This case involves an appeal from a quiet title action where the appellants argued the trial court erred in denying their motion to dismiss for failure to join an indispensable party, Urbanek, who had improperly conveyed the property.
• Orlando Sports Stadium, Inc. v. Gerzel
  397 So. 2d 370· Fla. 5th DCA· 1981-04-15 ·cited 16×
  The court reversed the dismissal of a third-party complaint seeking contribution from parents whose negligent supervision of their young children allegedly combined with the defendants' negligence to cause the children's injuries at a motorcycle race. The court held that parents
• Webber v. Jordan
  366 So. 2d 51· Fla. 2d DCA· 1978-12-06 ·cited 16×
  In this negligence action arising from a motor vehicle accident, the appellate court reversed the jury verdict dismissing the husband's derivative claim for loss of consortium while affirming the wife's personal injury award. The court held that the husband was entitled to a new
• Balart v. Michel's Kartway, Inc.
  364 So. 2d 90· Fla. 3d DCA· 1978-11-14 ·cited 16×
  The court reversed a directed verdict for the defendant go-kart facility operator, holding that the plaintiff presented sufficient evidence of negligence to submit the case to a jury. The court found questions of fact regarding both the operator's duty to provide safety protectio
• Verona Deloach Downs v. J. M. Huber Corp.
  580 F.2d 794· 5th Cir.· 1978-09-21 ·cited 16×
  An intervening decision by the Texas Supreme Court abolishing the 'no duty rule' applies retroactively to cases pending on appeal, requiring reversal of a directed verdict based on the prior rule.
• Stuyvesant Ins. Co. v. Royce S. Bournazian
  342 So. 2d 471· Fla.· 1976-12-16 ·cited 16×
  The court held that in a comparative negligence case with cross-claims, the net judgment between parties should be determined before assessing the liability of their respective insurers, allowing for set-off between the parties' awards.
• CNA Ins. v. Minton
  334 So. 2d 257· Fla.· 1976-03-31 ·cited 16×
  The Florida Supreme Court reversed the District Court of Appeal's decision that had applied the comparative negligence doctrine from Hoffman v. Jones retroactively to a case tried under the old contributory negligence rule before Hoffman was decided. The Court held that Hoffman's
• Farmhand, Inc. v. Brandies
  327 So. 2d 76· Fla. 1st DCA· 1976-02-11 ·cited 16×
  Farmhand appeals a jury verdict awarding damages to Gene Brandies Jr. for injuries sustained when his hand was caught in a high-speed auger on a Farmhand Feedmaster feed mixer. The case presents the question whether a manufacturer can be held liable for injuries from an obvious a
• Fla. E. Coast Ry. Co. v. Hunt
  322 So. 2d 68· Fla. 3d DCA· 1975-10-28 ·cited 16×
  Florida East Coast Railway Company appeals a jury verdict finding it 10% at fault for a fatal railroad crossing accident. The main issue was whether the trial court properly excluded reputation evidence from railroad employees regarding a switchman's credibility, and the appellat
• Vitale Fireworks Mfg. Co., Inc. v. Emil Paul Marini and Rose Christine Marini
  314 So. 2d 176· Fla. 1st DCA· 1975-05-23 ·cited 16×
  Vitale Fireworks Manufacturing Company appeals a jury verdict awarding damages to Emil Marini for lost hand and forearm injuries caused by a prematurely exploding rocket. The central issue is whether the trial court properly instructed the jury on the doctrine of res ipsa loquitu
• Gale Kinne v. Burgin
  311 So. 2d 695· Fla. 3d DCA· 1975-04-08 ·cited 16×
  The court held that the jury's award of zero damages to the wife for loss of consortium was improper and inconsistent with the evidence, requiring a new trial on her damages. The judgment on liability was affirmed.
• Spicuglia v. Green
  302 So. 2d 772· Fla. 2d DCA· 1974-11-01 ·cited 16×
  In a comparative negligence case without a counterclaim, costs follow the judgment, meaning the prevailing party recovers all costs. If a counterclaim exists, costs should be apportioned between the parties.
• Souto v. Segal
  302 So. 2d 465· Fla. 3d DCA· 1974-10-15 ·cited 16×
  In this automobile accident case, the trial court reduced one plaintiff's jury verdict by 75% despite a jury finding that the plaintiff was free from negligence, based on comparative negligence doctrine. The appellate court reversed, holding that comparative negligence does not a
• Emil Perzinski v. Chevron Chem. Co.
  503 F.2d 654· 7th Cir.· 1974-09-19 ·cited 16×
  Statements by a corporate agent concerning a matter within the scope of their employment are admissible as admissions against the party-opponent, even if the agent lacks specific authority to speak on liability. A violation of a statute regulating pesticide distribution constitut
• Hurdich v. Eastmount Shipping Corp.
  503 F.2d 397· 2d Cir.· 1974-09-12 ·cited 16×
  A shipowner's own conduct, including actual knowledge of a hazardous condition and failure to remedy it, can preclude indemnity from a contractor for breach of workmanlike service, allowing for contribution instead.
• E. Hampton Dewitt Corp. & Gen. Accident Fire & Life Assurance Corp. v. State Farm Mut. Auto. Ins. Co.
  490 F.2d 1234· 2d Cir.· 1973-12-28 ·cited 16×
  The court held that the alleged faulty construction of the building was a proper issue for the jury and that the jury instructions regarding the effect of such construction on the defendant's liability were not reversible error. The court also found that the trial judge properly
• Bern v. Evans
  349 F.2d 282· 8th Cir.· 1965-08-03 ·cited 16×
  The court held that the jury instructions regarding audible signals and contributory negligence were proper and that the plaintiff's objections were either adequately addressed, cumulative, or not properly preserved for appeal.
• Puleo v. Shaw
  149 So. 2d 880· Fla. 1st DCA· 1963-01-31 ·cited 16×
  In this negligence action arising from a rear-end automobile collision, the jury found liability against the defendants but awarded zero damages. The appellate court reversed and remanded for a new trial on damages, holding that the medical evidence of the plaintiff-minor's whipl
• S. Ry. Co. v. Mrs. Mary I. Campbell
  309 F.2d 569· 5th Cir.· 1962-11-07 ·cited 16×
  The court held that the trial court's findings of fact and conclusions of law were supported by the evidence and that the order for production of documents was proper.
• Jackson v. Haney
  124 So. 2d 719· Fla. 2d DCA· 1960-12-02 ·cited 16×
  The court held that the evidence was insufficient to warrant submission of the plaintiff's case to the jury, affirming the directed verdict for the defendants.
• Thedorf v. Lipsey
  237 F.2d 190· 7th Cir.· 1956-10-12 ·cited 16×
  The court held that the trial court did not err in refusing to admit a manual on stopping distances, in submitting the issue of proximate cause to the jury, or in refusing to instruct the jury on the legal effect of their comparative negligence findings.
• Uline ICE, Inc. v. Sullivan
  187 F.2d 82· D.C. Cir.· 1950-12-21 ·cited 16×
  The court held that the question of whether a sports arena owner was negligent in failing to provide adequate screening or warnings, and whether a patron assumed the risk of injury from a puck, were questions of fact for the jury.
• Fid. & Cas. Co. of N.Y. v. Fed. Express, Inc.
  136 F.2d 35· 6th Cir.· 1943-06-03 ·cited 16×
  A tort-feasor cannot seek indemnity from another joint tort-feasor when their concurrent negligence injured a third party, as they are considered equally culpable.
• R.J. Reynolds Tobacco Co. v. Whitmire
  260 So. 3d 536· Fla. 1st DCA· 2018-12-18 ·cited 15×
  In this Engle-progeny tobacco litigation case, the court addresses whether a plaintiff must prove individual detrimental reliance on specific fraudulent statements by a tobacco company to succeed on a fraudulent concealment claim. The court holds that Engle plaintiffs must prove
• Guadagno v. Lifemark Hosps. OF Fla., Inc.
  972 So. 2d 214· Fla. 3d DCA· 2007-12-05 ·cited 15×
  The court held that the plaintiff failed to establish proximate cause for medical malpractice and that the doctor was not an apparent agent of the hospital, affirming the trial court's judgments.
• Hornblower v. Toynetta C. Cobb
  932 So. 2d 402· Fla. 2d DCA· 2006-04-07 ·cited 15×
  Dale Hornblower appeals the denial of his motion to vacate a clerk's default and for a new trial stemming from a 2001 auto accident. The court affirmed the denial of the default motion but reversed the nonjury trial ruling, holding that jury trial rights cannot be waived by mere
• Bulkmatic Transp. Co. v. Taylor
  860 So. 2d 436· Fla. 1st DCA· 2003-08-26 ·cited 15×
  In this products liability case arising from a motor vehicle accident, the appellate court reversed the trial court's order granting a new trial, holding that the trial court abused its discretion by basing the new trial on four legal grounds that did not individually or collecti
• Food Lion v. Jackson
  712 So. 2d 800· Fla. 5th DCA· 1998-06-26 ·cited 15×
  Food Lion appeals a trial court order granting additur or new trial for damages only after a jury awarded a plaintiff only past medical expenses without pain and suffering damages. The appellate court reverses and remands for a new trial on both liability and damages, finding the
• Ramey v. Winn Dixie Montgomery, Inc.
  710 So. 2d 191· Fla. 1st DCA· 1998-04-29 ·cited 15×
  Tim Ramey sued Winn Dixie for damages from a slip-and-fall injury caused by butter on a supermarket floor. Although a jury found both parties 50% negligent and awarded Ramey medical bills plus $6,000 for past pain and suffering, it awarded zero damages for future medical care and
• Loureiro v. Pools BY Greg, Inc.
  698 So. 2d 1262· Fla. 4th DCA· 1997-07-30 ·cited 15×
  Loureiro sued Pools by Greg for negligence after falling into an uncompleted swimming pool. The trial court erroneously submitted the liability of non-parties to the jury on the verdict form without proper pleading amendments, but because the jury found Pools not negligent, rever
• State Farm Mut. Auto. Ins. Co. v. Hassen
  650 So. 2d 128· Fla. 2d DCA· 1995-02-01 ·cited 15×
  State Farm appeals a summary judgment awarding the Hassens uninsured motorist coverage under their insurance policy despite their unauthorized settlement with the tortfeasor's liability carrier. The court reverses, holding that applying the 1992 amendment to section 627.727(6) to
• Seminole Gulf Railway v. Fassnacht
  635 So. 2d 142· Fla. 2d DCA· 1994-04-15 ·cited 15×
  The appellate court affirmed the trial court's judgment, holding that the defendant failed to preserve the issue of applying section 768.81 regarding comparative fault reduction of damages by not raising it as an affirmative defense or requesting appropriate jury instructions bef
• The Upjohn Co. v. Anne Marie MacMURDO
  562 So. 2d 680· Fla.· 1990-05-31 ·cited 15×
  The Florida Supreme Court reversed a jury verdict against Upjohn Company, holding that the adequacy of drug warnings can be a question of law when the warning is accurate, clear, and unambiguous, and that expert testimony is required to establish inadequacy. The Court found insuf
• Frank Music Corp. v. Metro-Goldwyn-Mayer Inc.
  886 F.2d 1545· 9th Cir.· 1989-09-27 ·cited 15×
  The Ninth Circuit held that prejudgment interest is available under the Copyright Act of 1909 and reversed the district court's finding of no substantial connection between MGM, Inc. and MGM Grand, making MGM, Inc. jointly liable for infringement.