Comparative Negligence

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

• Zrust v. Spencer Foods, Inc.
  667 F.2d 760· 8th Cir.· 1982-01-11 ·cited 14×
  The court held that the jury instruction regarding a landowner's duty to an invitee was consistent with Nebraska law, and that while an assumption of risk instruction should have been given, its omission was harmless error.
• Howard D. Jury, Inc. v. R & G Sloane Mfg. Co., Inc.
  666 F.2d 1348· 10th Cir.· 1981-12-18 ·cited 14×
  The court held that the trial court did not err in denying the plaintiff's motion for a new trial, as there was no clear evidence of jury confusion that infected the verdict, and it was not error to refuse to reread all instructions when the jury's questions were specific and ans
• Cobb Coin Co. v. Unidentified
  525 F. Supp. 186· S.D. Fla.· 1981-10-02 ·cited 14×
  The court held that the State of Florida's actions in threatening arrests and prosecution constituted bad faith harassment, justifying federal injunctive relief despite the Younger v. Harris doctrine, and that the court possessed admiralty jurisdiction over the salvage dispute.
• Adams v. Texaco, Inc.
  640 F.2d 618· 5th Cir.· 1981-03-23 ·cited 14×
  A shipowner who has contributed to a seaman's injury through its own negligence is entitled to contribution from a third-party joint tortfeasor for maintenance and cure benefits paid, proportionate to the third party's fault.
• Platis v. Stockwell
  630 F.2d 1202· 7th Cir.· 1980-09-09 ·cited 14×
  Federal Rule of Civil Procedure 51, requiring objection to jury instructions, applies in diversity cases, even if contrary state law exists, because it is a procedural rule within the scope of the Rules Enabling Act.
• Sarauw v. Oceanic Navigation Corp. & VLCC Andreas Atlas
  622 F.2d 1168· 3d Cir.· 1980-05-20 ·cited 14×
  The court held that a vessel owner owes a duty of reasonable care to longshoremen regarding the securing of a gangway, even if owned by the stevedore, and that the jury had sufficient evidence to find a breach of this duty. The court also held that the equitable credit doctrine f
• Giglio v. Farrell Lines Inc.
  613 F.2d 429· 2d Cir.· 1980-01-04 ·cited 14×
  The court affirmed the district court's judgment, finding no basis for actual or constructive notice of the dangerous condition on the ship's deck.
• Bella Phillips and Thom Phillips v. Hartford Cas. Ins. Co.
  373 So. 2d 415· Fla. 4th DCA· 1979-07-25 ·cited 14×
  Bella Phillips appealed the grant of summary judgment in her personal injury action against a building contractor (Hunt) who was working at a grocery store. The court reversed, finding that Phillips' allegations of negligence and breach of duty in failing to warn of dangerous con
• Gibbs v. United States
  599 F.2d 36· 2d Cir.· 1979-05-23 ·cited 14×
  The court affirmed the judgment for the plaintiff against the United States but reversed the dismissal of the third-party complaint, holding that the indemnity clause required the contractor to indemnify the government for its own negligence.
• Elton Cowart v. Barnes
  370 So. 2d 103· Fla. 1st DCA· 1979-05-02 ·cited 14×
  The jury was entitled to find that the plaintiff's injury was not caused by the accident, but by prior or subsequent events.
• Edmonds v. Compagnie Generale Transatlantique
  577 F.2d 1153· 4th Cir.· 1978-06-22 ·cited 14×
• Blaw-Knox Food & Chem. Equip. Corp. & Travelers Ins. Cos. v. Seavy L. Holmes and Agnes J. Holmes
  348 So. 2d 604· Fla. 4th DCA· 1977-07-01 ·cited 14×
  Blaw-Knox, manufacturer of a potato chip cooker, appeals a judgment for employee Holmes who fell into hot oil while performing a repair procedure he had done 150 times before. The court affirmed, holding that the patent danger doctrine is merged into comparative negligence and th
• Fla. Rock & Sand Co. v. COX
  344 So. 2d 1296· Fla. 3d DCA· 1977-04-19 ·cited 14×
  A concurring opinion argues against dismissing a passenger from a third-party complaint, stating that if a joint venture is found, the passenger's recovery should be reduced by the joint venturer's negligence under comparative negligence principles.
• Cormier v. Rowan Drilling Co.
  549 F.2d 963· 5th Cir.· 1977-03-30 ·cited 14×
  The court held that Rowan must indemnify Continental for attorney's fees and costs because the jury found Rowan solely negligent, making it liable under general maritime law principles for indemnity between tortfeasors.
• Martin v. United States
  546 F.2d 1355· 9th Cir.· 1976-12-03 ·cited 14×
  The court held that the United States is not liable under the Federal Tort Claims Act for the death of a park visitor attacked by a bear, as the Park Service's actions constituted discretionary functions protected by 28 U.S.C. § 2680(a).
• DeSANTIS v. Parker Feeders, Inc.
  547 F.2d 357· 7th Cir.· 1976-11-18 ·cited 14×
  The court held that a manufacturer of component parts for a cattle feeder could be held strictly liable for injuries caused by a defect in the assembled product, even if the product was not used for its intended purpose, if the defect was foreseeable.
• Sanchez v. The Denver & RIO Grande W. R.R. Co.
  538 F.2d 304· 10th Cir.· 1976-07-22 ·cited 14×
  The court held that the trial court erred in prohibiting the plaintiff from using a reenactment motion picture as evidence, but that this error only affected the comparative negligence finding and could be cured by reinstating the full jury verdict.
• Alexander v. Fiftieth Street Heights
  334 So. 2d 161· Fla. 3d DCA· 1976-06-15 ·cited 14×
  A tenant injured in a gas explosion sued her landlord and gas company for negligence. The trial court granted summary judgment to the landlord based on the tenant's failure to respond to requests for admissions, which were deemed admitted. The appellate court reversed, holding th
• Parker v. Maule Indus., Inc.
  321 So. 2d 106· Fla. 1st DCA· 1975-10-29 ·cited 14×
  The appellate court remanded a case for reconsideration of a motion to suppress, finding that the trial judge may have misapplied Whiteley v. Warden regarding probable cause for arrest based on a radio bulletin.
• Burns v. Penn Cent. Co.
  519 F.2d 512· 2d Cir.· 1975-07-01 ·cited 14×
  The court held that the plaintiff's evidence of prior stonings was sufficient to raise a jury question on the railroad's negligence under the FELA, and the trial court erred in granting a directed verdict.
• Alvina K. Tiedeman v. Chicago
  513 F.2d 1267· 8th Cir.· 1975-04-30 ·cited 14×
  The court held that the trial court should have directed a verdict for the railroad because the decedent driver's negligence was equal to or greater than the railroad's as a matter of law. The court also affirmed the denial of the intervenor's motion for a new trial.
• Smith v. United States
  497 F.2d 500· 5th Cir.· 1974-07-19 ·cited 14×
  The court held that the district court erred in failing to make a specific finding of cause in fact for the second explosion, requiring remand. The court affirmed the indemnity claims and reversed the finding of contributory negligence for two plaintiffs.
• Adams v. Seaboard Coast Line R.R. Co.
  296 So. 2d 1· Fla.· 1974-05-22 ·cited 14×
  The Florida Supreme Court reversed the District Court of Appeal and reinstated a jury verdict for an employee injured under the Federal Employers' Liability Act (FELA), holding that sufficient evidence existed that the railroad's negligence in maintaining coupled cars on the repa
• Luke Rader, M.D. v. Variety Child's. Hosp.
  293 So. 2d 778· Fla. 3d DCA· 1974-04-02 ·cited 14×
  A physician and his insurance company appealed the dismissal of their contribution claim against a hospital and its insurer after being held jointly and severally liable in a medical malpractice action. The court affirmed the dismissal, holding that Florida law does not permit co
• Evangeline Butler v. Woolco Dep't Store
  284 So. 2d 434· Fla. 3d DCA· 1973-10-02 ·cited 14×
  The court held that the trial court erred in granting summary judgment for the defendants because issues of negligence and contributory negligence remained for trial.
• Dixon v. Penn Cent. Co.
  481 F.2d 833· 6th Cir.· 1973-07-27 ·cited 14×
  The court held that there was no evidence from which a jury could properly find contributory negligence, and thus the issue should not have been submitted to the jury.
• Abram M. Applebaum v. Am. Exp. Isbrandtsen Lines
  472 F.2d 56· 2d Cir.· 1972-12-13 ·cited 14×
  The court held that the exclusion of a witness's prior consistent statement, offered to rehabilitate his credibility after impeachment by a prior inconsistent statement, was erroneous and prejudicial.
• Elston v. Morgan
  440 F.2d 47· 7th Cir.· 1971-03-09 ·cited 14×
  The court held that the district court did not err in submitting a special interrogatory on contributory negligence and entering judgment for the defendants based on the jury's affirmative answer, as federal procedure governs the use of such interrogatories and the trial court ac
• Atl. Coast Line R.R. Co. & Seaboard Air Line R.R. Co. v. Braz
  182 So. 2d 491· Fla. 3d DCA· 1966-01-25 ·cited 14×
  The Florida District Court of Appeal affirmed jury verdicts in a wrongful death case brought by Bernard Braz following a railroad crossing collision that killed his wife and 19-month-old daughter, but conditionally affirmed the wife's judgment subject to a remittitur of $25,000 t
• Panagiotis Ganotis v. The NEW York Cent. R.R. Co.
  342 F.2d 767· 6th Cir.· 1965-03-17 ·cited 14×
  The court held that the Federal Employers' Liability Act does not intend a distinction between proximate cause for carrier negligence and employee contributory negligence.
• Ursich v. da Rosa
  328 F.2d 794· 9th Cir.· 1964-02-26 ·cited 14×
  The court held that the trial court properly refused a proposed jury instruction on res ipsa loquitur because it misstated the doctrine and that other instructions given were not prejudicial error.
• Superior OIL Co. v. Bufford Trahan
  322 F.2d 234· 5th Cir.· 1963-08-27 ·cited 14×
  The court held that the master was at fault for failing to protect the seaman, but disagreed that both vessels were unseaworthy due to the seaman's actions.
• Koshorek v. The Pa. R.R. Co.
  318 F.2d 364· 3d Cir.· 1963-05-29 ·cited 14×
  The court held that the trial judge's failure to distinguish between assumption of risk and contributory negligence constituted reversible error.
• Martin v. Makris
  101 So. 2d 172· Fla. 3d DCA· 1958-03-06 ·cited 14×
  The Florida East Coast Railway Company appealed a $32,000 wrongful death verdict against it, challenging the sufficiency of evidence, arguing the verdict was excessive under comparative negligence, and claiming the trial court erred in refusing certain jury instructions. The appe
• Cary Bryant v. Lyda Sue Hall
  238 F.2d 783· 5th Cir.· 1956-11-30 ·cited 14×
  The court held that sufficient evidence of negligence was presented to go to the jury, and that while some jury instructions may have been imperfect, they did not constitute reversible error. The admission of the doctor's diagnosis was also deemed harmless error.
• McALLISTER v. Tucker
  88 So. 2d 526· Fla.· 1956-03-16 ·cited 14×
  Susie Belle McAllister sued the railroad and a driver for wrongful death of her husband in a crossing accident near Quincy, Florida. The jury returned a verdict against the railroad, but the trial court set it aside, finding the accident was solely caused by the decedent's neglig
• N. Pac. Ry. Co. v. Tillie Mely
  219 F.2d 199· 9th Cir.· 1954-12-13 ·cited 14×
  The court held that a jury verdict cannot be impeached by juror affidavits regarding deliberations, and that the engineer's willful violation of operating rules was the sole cause of his death, precluding recovery under FELA.
• Atl. Coast Line R. Co. v. Johnston (two cases)
  74 So. 2d 689· Fla.· 1954-07-30 ·cited 14×
  The Interstate Commerce Commission does not have the power under § 77 of the Bankruptcy Act to submit a plan compelling a railroad merger, as such power has been consistently denied under the Interstate Commerce Act.
• Motes v. Crosby
  65 So. 2d 478· Fla.· 1953-05-19 ·cited 14×
  The Florida Supreme Court affirmed judgments against Raymond Motes for gross negligence and willful and wanton misconduct in a motor vehicle accident that injured his guest passengers under Florida's guest statute. The court held that the jury's finding was sufficiently supported
• Georgia v. Cox
  75 Fla. 714· Fla.· 1918-05-20 ·cited 14×
  The Georgia, Florida and Alabama Railway Company appealed a $1,000 jury verdict in a wrongful death action brought by S. H. Cox for the negligent killing of his son by a backing work train. The Florida Supreme Court affirmed, holding that the railway owed a duty of care to person
• Pensacola v. Austin
  63 Fla. 241· Fla.· 1912-01-01 ·cited 14×
  A steamship company employee's negligence allegedly caused a barrel of rosin to fall on a passenger who was on a commercial wharf retrieving a package sent by her mother. The Florida Supreme Court reversed a jury verdict for the passenger, holding that the company owed no duty to
• R.J. Reynolds Tobacco Co. v. Grossman
  96 So. 3d 917· Fla. 4th DCA· 2012-06-27 ·cited 13×
  R.J. Reynolds appeals a jury verdict for the Estate of Laura Grossman, who died of lung cancer allegedly caused by smoking. The court affirms the admission of lay witness testimony about the decedent's addiction and the use of Engle findings, but reverses and remands on the estat
• Atilla Eagleman, M.D. & Atilla Eagleman, M.D., P.A. v. Korzeniowski
  924 So. 2d 855· Fla. 4th DCA· 2006-02-15 ·cited 13×
  A medical malpractice jury verdict against Dr. Eagleman and his medical corporation for injuries to a child born with neurological damage is affirmed. The appellate court holds that Eagleman failed to preserve any of his three appellate issues because he did not object or take a
• McQUEEN v. Mohan W. Jersani, M.D.
  909 So. 2d 491· Fla. 5th DCA· 2005-08-26 ·cited 13×
  Virginia McQueen, as personal representative of her deceased husband's estate, appealed a judgment notwithstanding the verdict (JNOV) granted in a medical malpractice action against her husband's cardiologist. The court reversed, holding that the plaintiff presented sufficient co
• Bakery Assocs., Ltd. v. Chantal Rigaud and Robert Rigaud
  906 So. 2d 366· Fla. 3d DCA· 2005-07-20 ·cited 13×
  The Mall appealed a trial court's grant of a motion for new trial based on allegedly improper comments made during defense counsel's closing argument. The appellate court reversed, holding that while some comments were improper, they were not sufficiently prejudicial and inflamma
• Dena Wilson v. THE Krystal Co.
  844 So. 2d 827· Fla. 5th DCA· 2003-05-16 ·cited 13×
  The court held that the trial court did not abuse its discretion in giving a comparative negligence instruction and denying a motion for a new trial.
• Boulton Agency, Inc. v. Phoenix Worldwide Indus., Inc.
  698 So. 2d 1248· Fla. 3d DCA· 1997-07-23 ·cited 13×
  Boulton Agency and Travelers Indemnity appeal a judgment finding Boulton negligently failed to procure adequate insurance coverage for vehicles and plant contents destroyed by Hurricane Andrew. The court reversed the directed verdict on the agency relationship question, holding i
• Garlock, Inc. v. Harriman
  665 So. 2d 1116· Fla. 3d DCA· 1996-01-03 ·cited 13×
  The court clarified an order regarding discovery sanctions in asbestos litigation, affirming the award of costs for motions to compel but reversing the striking of pleadings as a sanction for noncompliance with discovery orders.
• Martinello v. B & P USA, Inc.
  566 So. 2d 761· Fla.· 1990-06-07 ·cited 13×
  The Florida Supreme Court reversed a Fourth District Court of Appeal decision that prevented a plaintiff from pursuing an attractive nuisance claim against a construction company. The court held that a plaintiff has the right to choose whether to proceed under the attractive nuis
• Mercedel W. Miles v. Melrose
  882 F.2d 976· 5th Cir.· 1989-09-11 ·cited 13×
  The court held that a savage assault can establish unseaworthiness as a matter of law, and that a seaman's estate cannot recover for lost future earnings under general maritime law, nor can nondependent parents recover for loss of society.