Comparative Negligence

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

• Nicosia v. Otis Elevator Co.
  548 So. 2d 854· Fla. 3d DCA· 1989-09-12 ·cited 15×
  In this negligence case, the court reversed a directed verdict for the elevator owner and service contractor in a case where a passenger was injured escaping from a stalled elevator whose emergency telephone was inoperative. The court held that whether the plaintiff's escape acti
• Carnival Cruise Lines, Inc. v. Rosania
  546 So. 2d 736· Fla. 3d DCA· 1989-06-06 ·cited 15×
  The court reversed for a new trial due to improprieties in the plaintiffs' counsel's final argument, but disagreed on the admissibility of evidence concerning post-accident repairs.
• Allstate Ins. Co. v. Morales
  533 So. 2d 952· Fla. 5th DCA· 1988-11-23 ·cited 15×
  Allstate sought a set-off of $10,000 in liability insurance proceeds paid to Morales by the tortfeasor's carrier against Allstate's underinsured motorist coverage. The court held that UM coverage is the mirror image of liability coverage and necessarily encompasses the same damag
• Trinidad Corp. v. S.S. Keiyoh Maru
  845 F.2d 818· 9th Cir.· 1988-04-25 ·cited 15×
  The court held that the KEIYOH MARU was entirely at fault for the collision because it violated navigational rules by traversing restricted areas, and the FORT WORTH's statutory violations did not contribute to the accident.
• Ryan v. Atl. Fertilizer & Chem. Co.
  515 So. 2d 324· Fla. 3d DCA· 1987-11-10 ·cited 15×
  Ryan appealed a trial court order granting Atlantic Fertilizer a new trial after a jury verdict favoring Ryan on both Atlantic's collection claim and Ryan's counterclaim for negligence and breach of warranty. The appellate court affirmed, holding that the trial court properly gra
• Davis v. The Hon. John Marsh, Jr.
  807 F.2d 908· 11th Cir.· 1987-01-13 ·cited 15×
  The court held that the district court lacked subject matter jurisdiction to award damages exceeding the amount presented in the initial administrative claim under the FTCA, and that the award of damages for lost support and services was improper as that claim had been waived.
• Smith v. Trans-World Drilling Co.
  772 F.2d 157· 5th Cir.· 1985-09-30 ·cited 15×
  The court held that the failure to install a railing on the exhaust pipe used as a passageway constituted negligence per se under the Jones Act, entitling the plaintiff to a directed verdict on that claim. However, the court affirmed the denial of a directed verdict on the unseaw
• Cleopatra Gayle Anglin and Thomas P. Anglin v. State OF Fla. Dep't OF Transp.
  472 So. 2d 784· Fla. 1st DCA· 1985-07-02 ·cited 15×
  The Anglins were injured when their truck stalled in a pool of water on a highway and was subsequently hit by another vehicle. The court reversed summary judgment for the defendants (FDOT and railroad), holding that whether an independent intervening cause was foreseeable is ordi
• Armindo Pedreira v. Silva
  468 So. 2d 1073· Fla. 3d DCA· 1985-05-14 ·cited 15×
  The court held that sufficient evidence existed to present jury questions on whether the plaintiff was an invitee and whether the defendant negligently failed to maintain the premises.
• Am. Cyanamid Co. v. ROY
  466 So. 2d 1079· Fla. 4th DCA· 1984-12-19 ·cited 15×
  American Cyanamid Company appeals a jury verdict awarding the Roys damages for injuries caused by AM-9, a chemical grout product, finding liability based on defective warnings and awarding compensatory damages ($292,000 to Roy, $12,500 consortium to his wife) and punitive damages
• Bradley v. Gov't Emps. Ins. Co.
  460 So. 2d 981· Fla. 3d DCA· 1984-12-18 ·cited 15×
  Florida appellate court affirmed judgment for GEICO, holding that the trial court (not arbitrators) must determine uninsured motorist coverage applicability, and that an insured is not entitled to uninsured motorist benefits when she has already recovered benefits from the tortfe
• Harbor TUG & Barge, Inc. v. Belcher Towing Co.
  733 F.2d 823· 11th Cir.· 1984-06-04 ·cited 15×
  The court affirmed the district court's apportionment of damages, holding that the trial court did not err in assigning 75% liability to Belcher Towing Company for supplying an underpowered tug without disclosing its failing, which was the main cause of the collision.
• Keegan v. Anchor Inns, Inc.
  606 F.2d 35· 3d Cir.· 1979-09-24 ·cited 15×
  The court held that the trial court did not err in refusing to instruct the jury on assumption of risk because the plaintiff's conduct was negligent and thus subsumed by the Virgin Islands' comparative negligence statute.
• Seaboard Coast Line R.R. Co. v. Elliott Buchman
  358 So. 2d 836· Fla. 2d DCA· 1978-04-21 ·cited 15×
  In this wrongful death case arising from a train-automobile crossing accident, the Florida appellate court reversed the jury verdict against the railroad, holding that expert testimony improperly invaded the jury's province by offering opinions on matters within the comprehension
• Janet M. d'Hedouville v. Pioneer Hotel Co. & Pioneer Hotel Props.
  552 F.2d 886· 9th Cir.· 1977-04-26 ·cited 15×
  The court affirmed judgments against Monsanto, finding sufficient evidence for strict liability, rejecting claims of error in jury instructions and evidence admission, and upholding awards for wrongful death and property damage.
• Godfrey Arthur v. Flota Mercante Gran Centro Americana S.A.
  487 F.2d 561· 5th Cir.· 1973-11-27 ·cited 15×
  The court held that a violation of Safety and Health Regulations can constitute negligence per se for a shipowner's duty to provide safe access to an invitee, and that the shipowner was solely responsible for its own negligence in providing inadequate access.
• Jeanett Brown v. Killinger
  146 So. 2d 124· Fla. 1st DCA· 1962-11-08 ·cited 15×
  In this automobile negligence case, the plaintiff appealed a jury verdict in favor of the defendant-driver under Florida's Guest Statute. The court affirmed, holding that the plaintiff was a guest who must prove gross negligence rather than simple negligence, rejecting the argume
• Hutton v. Atl. Coast Line R.R. Co.
  92 So. 2d 528· Fla.· 1957-02-06 ·cited 15×
  The Florida Supreme Court reversed a trial judge's judgment notwithstanding verdicts (JNOV) in a railroad crossing collision case, holding that under Florida's comparative negligence statute, the jury properly could have found the railroad negligent in failing to warn of a standi
• Berger v. Nathan
  66 So. 2d 278· Fla.· 1953-07-03 ·cited 15×
  Three pedestrians were struck by a car in a well-lighted street where both the pedestrians and driver failed to see each other. The plaintiffs appealed from judgments in the defendant's favor, arguing the defendant admitted negligence by pleading contributory negligence. The Flor
• Goff v. Atl. Coast Line R. Co.
  53 So. 2d 777· Fla.· 1951-08-03 ·cited 15×
  The Florida Supreme Court reversed a summary judgment for a railroad company in a personal injury case. The court found that the "standing train doctrine" was not applicable and that genuine issues of material fact existed regarding the railroad's negligence and the proximate cau
• Thurston v. United States
  179 F.2d 514· 9th Cir.· 1950-01-10 ·cited 15×
  The court held that a seaman's cause of action under the Clarification Act arises upon administrative disallowance of the claim, not upon injury, and that the doctrine of comparative negligence applies when a seaman's negligence combines with the ship's unseaworthiness.
• Brickley v. Atl. Coast Line R.R. Co.
  153 Fla. 1· Fla.· 1943-05-11 ·cited 15×
  A widow sued a railroad company for the wrongful death of her husband who was killed in a collision at a railroad crossing. The trial court erred by failing to instruct the jury on comparative negligence and by admitting portions of the widow's pleadings in a separate suit agains
• Atl. Coast Line R.R. Co. v. McIlvaine
  121 Fla. 78· Fla.· 1935-09-03 ·cited 15×
  The Florida Supreme Court affirmed a trial court's grant of a new trial in a wrongful death action against a railroad company. The court held that even after reversing the first trial due to an erroneous jury instruction on negligence, the trial court retained authority to grant
• Howard Delivery Serv., Inc. v. Zurich Am. Ins. Co.
  547 U.S. 651· U.S.· 2006-06-15 ·cited 14×
  Payments for workers' compensation coverage are contributions to an employee benefit plan arising from services rendered, and thus are entitled to priority under 11 U.S.C. § 507(a)(5).
• Hunter v. Ward
  812 So. 2d 601· Fla. 1st DCA· 2002-04-08 ·cited 14×
  In this rear-end collision personal injury case, the Florida District Court of Appeal reversed the trial court's denial of a directed verdict on liability, holding that the appellee driver failed to rebut the presumption of negligence arising from striking the vehicle ahead at a
• Safelite Glass Corp. v. Samuel
  771 So. 2d 44· Fla. 4th DCA· 2000-09-27 ·cited 14×
  The Fourth District Court of Appeal affirmed an award of attorney's fees to the Samuels, holding that their joint settlement proposal complied with Florida Rule of Civil Procedure 1.442 despite failing to allocate the $400,000 settlement amount between the two plaintiff offerors
• Hess v. Hess
  758 So. 2d 1203· Fla. 4th DCA· 2000-05-17 ·cited 14×
  This case addresses whether a probate court must consider comparative fault under Florida's wrongful death statute when allocating settlement proceeds that are negotiated before suit is filed. The court held that section 768.20 of the Florida Statutes applies to pre-suit settleme
• Schindler Elevator Corp. v. Digna Viera
  693 So. 2d 1106· Fla. 3d DCA· 1997-05-21 ·cited 14×
  Schindler Elevator Corporation appeals a trial court's order granting a new trial in a wrongful death case after the Third District Court of Appeal en banc decision in Shufflebarger v. Galloway receded from the earlier panel decision in Viera I. The court affirms the new trial or
• Lindenfield v. Dorazio
  606 So. 2d 1255· Fla. 4th DCA· 1992-10-28 ·cited 14×
  A child severely burned in a landlord's apartment received a $1.00 jury verdict despite stipulated medical expenses of $29,000 and permanent injuries. The appellate court affirmed denial of judgment notwithstanding the verdict but reversed the trial court's limited additur/new tr
• Keene v. Chicago Bridge & Iron Co.
  596 So. 2d 700· Fla. 1st DCA· 1992-02-18 ·cited 14×
  In this personal injury negligence case, Keene, a subcontractor employee, was injured when a 1000-pound sandblasting machine owned by Chicago Bridge fell on his hand while he attempted to move it from atop his employer's scaffolding boards. The trial court granted Chicago Bridge'
• Fla. E. Coast Ry. Co. v. Pickard
  573 So. 2d 850· Fla. 1st DCA· 1990-09-04 ·cited 14×
  Florida East Coast Railway Company appeals from a jury verdict finding it 10% liable for injuries suffered by Alan Pickard, a drifter who lost both legs attempting to board a moving freight train at 30 MPH. The appellate court reverses, holding that FEC owed Pickard no duty to wa
• Portage II v. Bryant Petroleum Corp.
  899 F.2d 1514· 6th Cir.· 1990-04-06 ·cited 14×
  The court held that the district court erred in entering judgment for the defendant or granting a new trial, as the jury's verdict was reasonably reached and supported by sufficient evidence. The court reversed the district court's judgment and ordered reinstatement of the jury v
• Irwin Robert Miller v. Christopher
  887 F.2d 902· 9th Cir.· 1989-09-27 ·cited 14×
  A good faith settlement between a plaintiff and one tortfeasor bars a contribution action by a co-defendant against the settling tortfeasor under federal maritime law.
• State v. Rejrat
  540 So. 2d 911· Fla. 2d DCA· 1989-03-29 ·cited 14×
  The Florida Department of Transportation petitioned for a writ of certiorari to quash a trial court order permitting post-trial juror interviews in a personal injury case. The appellate court held that juror interviews are unavailable to challenge matters intrinsic to the verdict
• Fleming v. Albertson's, Inc.
  535 So. 2d 682· Fla. 1st DCA· 1988-12-22 ·cited 14×
  The court reversed a zero-dollar judgment for loss of consortium, finding that the trial court erred in allowing workers' compensation benefits to become a feature issue and in denying a collateral source instruction, while affirming the denial of an assumption of risk instructio
• Jupiter Inlet Corp. & Jupiter Inlet Ltd. P'ship # 1 v. Marguarita Brocard
  538 So. 2d 857· Fla. 4th DCA· 1988-08-24 ·cited 14×
  Jupiter Inlet Corporation appealed a jury verdict awarding $670,500 in damages to the estate of George Brocard, a worker who died falling from an unprotected roof during condominium construction. The court addressed whether OSHA regulations constitute evidence of negligence and r
• Mann v. Pensacola Concrete Constr. Co., Inc.
  527 So. 2d 279· Fla. 1st DCA· 1988-06-16 ·cited 14×
  Union activity to preserve work customarily performed by its members is protected primary activity under the National Labor Relations Act, even if it involves refusing to install pre-fabricated materials.
• In re A.H. Robins Co. v. AETNA Cas. & Sur. Co.
  828 F.2d 1023· 4th Cir.· 1987-09-09 ·cited 14×
  The court held that a bankruptcy court has authority to stay suits against a third-party defendant when those suits, even if disavowing interest in the debtor's assets, would inevitably burden the debtor's officers, directors, and employees, thereby interfering with the reorganiz
• Lucien J. Harmon and Bernice F. Harmon v. Grande Tire Co., Inc.
  821 F.2d 252· 5th Cir.· 1987-07-13 ·cited 14×
  The court held that the Texas Supreme Court would not, as a matter of law, forbid recovery of mental anguish damages by a wife whose husband was injured, even if she did not witness the accident or her husband did not die.
• Ocean Club OF Palm Beach Shores Condo. Ass'n, Inc. v. Est. OF Betty C. Daly
  504 So. 2d 1377· Fla. 4th DCA· 1987-04-08 ·cited 14×
  The Florida Court of Appeal reversed a trial court order disqualifying the condominium association's counsel due to an alleged conflict of interest. The court held that representing a condominium association in litigation against one of its unit-owner members does not create an i
• Davlan v. Otis Elevator Co.
  816 F.2d 287· 7th Cir.· 1987-04-01 ·cited 14×
  The court held that the plaintiff failed to establish a prima facie case of negligence against the elevator maintainer, Otis Elevator Company, because there was insufficient evidence of prior knowledge or failure to discover a defect.
• Sikes v. Seaboard Coast Line R.R. Co.
  487 So. 2d 1118· Fla. 1st DCA· 1986-04-09 ·cited 14×
  In this wrongful death negligence action arising from a truck-train collision, the Florida District Court of Appeal reversed the trial court's judgment on juror qualification grounds, finding reversible error in the trial court's refusal to excuse a juror who admitted she knew on
• McDONOUGH Power Equip., Inc. v. Brown
  486 So. 2d 609· Fla. 4th DCA· 1986-02-26 ·cited 14×
  McDonough Power Equipment appeals from a final judgment after a new trial on damages in a personal injury case involving a child injured by a riding lawnmower. The court affirmed the judgment, holding that the trial court properly used a single comparative negligence question for
• Webster v. M/V Moolchand
  730 F.2d 1035· 5th Cir.· 1984-04-30 ·cited 14×
  The court affirmed the judgment, holding that the jury interrogatory and charge were not defective, prior conviction evidence was harmless error, travel expenses were not taxable costs, and prejudgment interest was properly awarded under maritime law.
• Metro. Dade Cnty. v. Anne ST. Claire and Douglas St. Claire
  445 So. 2d 614· Fla. 3d DCA· 1984-01-31 ·cited 14×
  Metropolitan Dade County appealed a judgment finding it liable for damages when a police officer shot a hotel clerk after a dog attack, with the bullet passing through the clerk's arm. The court reversed, holding that the trial judge erred in instructing the jury on res ipsa loqu
• Gomez v. Am. Elec. Power Serv. Corp.
  726 F.2d 649· 10th Cir.· 1984-01-30 ·cited 14×
  The court held that the 1975 Contract did not obligate McCulloch to indemnify AEP, and AEP was not entitled to common law indemnity under Utah law.
• Fassoulas v. Ramey
  450 So. 2d 822· Fla.· 1984-01-19 ·cited 14×
  This case is a dissenting opinion arguing against the reasoning and holding of the lower court in a wrongful birth case, which adopted prior untenable district court opinions.
• Gary v. Party Time Co., Inc.
  434 So. 2d 338· Fla. 3d DCA· 1983-07-05 ·cited 14×
  The court held that the plaintiff expressly assumed the risk of injury through her voluntary aberrant acts and the signed release, thus the directed verdict was proper.
• Higgins v. Johnson
  434 So. 2d 976· Fla. 2d DCA· 1983-06-24 ·cited 14×
  In this medical malpractice action, the Florida appellate court reversed a trial judgment and remanded for a new trial because the trial court erroneously refused to instruct the jury on concurring and intervening causes, which was necessary to properly assess the negligence of t
• Rodriguez v. Ager
  705 F.2d 1229· 10th Cir.· 1983-01-10 ·cited 14×
  The court held that Sammons Trucking Company, as the lessee-carrier, was legally responsible for the accident due to ICC regulations requiring the lessee to assume exclusive possession and responsibility for leased equipment, even if the driver was not on a specific mission for S