Comparative Negligence

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

• Karl v. Burlington N. R.R. Co.
  880 F.2d 68· 8th Cir.· 1989-07-11 ·cited 13×
  The court held that a district court errs in amending a jury's damage verdict based on juror testimony regarding their mental processes and interpretation of instructions, as such testimony is inadmissible under Fed.R.Evid. 606(b).
• Bjaranson v. Botelho Shipping Corp.
  873 F.2d 1204· 9th Cir.· 1989-03-10 ·cited 13×
  The court held that the evidence was insufficient to support a finding of negligence against the shipowner under the applicable duties of care, and therefore, the defendant was entitled to judgment notwithstanding the verdict.
• Richard v. The Firestone Tire & Rubber Co.
  853 F.2d 1258· 5th Cir.· 1988-09-07 ·cited 13×
  The court held that resubmitting a jury verdict form for reconsideration of answers, even if potentially inconsistent, is within the trial judge's discretion, provided there is no view of the case that makes the answers consistent.
• Ponder v. Warren Tool Corp. & Patch Rubber Co.
  834 F.2d 1553· 10th Cir.· 1987-12-10 ·cited 13×
  The court held that the trial court erred in limiting expert testimony regarding the cause of the accident and the existence of alternative safer designs for the product.
• Norton v. Snapper Power Equipment
  806 F.2d 1545· 11th Cir.· 1987-01-05 ·cited 13×
  The court held that the district court erred in granting judgment notwithstanding the verdict because sufficient evidence supported the jury's finding that the lawn mower was defective and that the defect caused the plaintiff's injury.
• Cutler v. ST. John's United Methodist Church of Edwardsville
  489 So. 2d 123· Fla. 1st DCA· 1986-05-19 ·cited 13×
  Plaintiff appeals summary judgment in a negligent supervision case arising from her daughter's drowning during a church-sponsored trip to Florida. The trial court relied on Clark v. Lumberman's Mutual Insurance Co. to find the church owed no legal duty, but the appellate court re
• Montgomery Ward & Co., Inc. v. Hoey
  486 So. 2d 1368· Fla. 5th DCA· 1986-04-10 ·cited 13×
  A security guard employed by Montgomery Ward detained a customer on suspicion of shoplifting, leading to her arrest and prosecution. After the charges were dismissed, the customer sued for malicious prosecution, battery, slander, and negligence. The jury awarded compensatory dama
• Berg v. Chevron U.S.A.
  759 F.2d 1425· 9th Cir.· 1985-05-09 ·cited 13×
  A maritime rescuer is liable only for negligent conduct that worsens the victim's position or for reckless and wanton conduct during the rescue attempt.
• Cooper Transp., Inc. v. Mincey
  459 So. 2d 339· Fla. 3d DCA· 1984-10-23 ·cited 13×
  A compensation lien may only be reduced if the claimant recovers less than full value due to partial uncollectibility or comparative negligence, and an employee accepting benefits is precluded from contesting the carrier's lien.
• Wolfe v. AETNA Ins. Co. & Ricker-Horn, Inc.
  436 So. 2d 997· Fla. 5th DCA· 1983-08-04 ·cited 13×
  Wolfe appealed from a judgment awarding him damages for negligence against his insurance broker Ricker-Horn and insurer Aetna after a tornado destroyed his Executive Suites Motel buildings. The court reversed the directed verdict on Wolfe's breach of contract claim, finding jury
• Crown Liquors OF Broward, Inc. v. Evenrud
  436 So. 2d 927· Fla. 2d DCA· 1983-06-01 ·cited 13×
  Crown Liquors was found liable by a jury for negligence in failing to prevent injury to a customer struck by another patron at its bar. The appellate court reversed, holding that the tavern owner's duty to protect patrons does not extend to guarding against unpredictable violent
• Morton v. Abbott Labs.
  538 F. Supp. 593· M.D. Fla.· 1982-03-25 ·cited 13×
  The court held that the defendants' motions for summary judgment should be granted because the plaintiff failed to raise a genuine issue of material fact regarding causation under traditional theories or novel theories like market share liability.
• Futch v. Ryder Truck Rental, Inc.
  391 So. 2d 808· Fla. 5th DCA· 1980-12-31 ·cited 13×
  Appellants Futch sued truck lessor Ryder after Lindsey Futch fell from a tractor while inspecting its refrigeration unit, alleging the tractor lacked adequate safety equipment like catwalks and handrails. The trial court dismissed the complaint with prejudice, applying Maryland l
• Edmondson v. Avis Mitchell Swope & Nationwide Gen. Ins. Co.
  395 So. 2d 553· Fla. 5th DCA· 1980-12-16 ·cited 13×
  An injured employee appealed a workers' compensation proration order requiring him to reimburse his employer's insurance carrier $4,365.22 from his third-party settlement. The court affirmed the proration under Florida Statute § 440.39(3)(a), finding the employee failed to meet h
• Kroon v. Beech Aircraft Corp.
  628 F.2d 891· 5th Cir.· 1980-10-23 ·cited 13×
  Summary judgment was inappropriate because a jury could have found the manufacturer's negligence contributed to the accident, and the pilot's negligence was not necessarily the sole proximate cause under Florida's comparative negligence system.
• Evans v. Calmar S.S. Co.
  534 F.2d 519· 2d Cir.· 1976-04-16 ·cited 13×
  A plaintiff who accepts a remittitur during a second trial, even with an attempted reservation of appeal rights, has settled the action and waived any right to appeal.
• Weed v. Bilbrey
  201 So. 2d 771· Fla. 2d DCA· 1967-07-14 ·cited 13×
  In this case of first impression in Florida appellate law, the court held that the admiralty doctrine of comparative negligence, rather than the common law complete defense of contributory negligence, applies to wrongful death actions arising from maritime torts on navigable wate
• Sanchez v. Johana Cinque and Voncent Cinque
  238 So. 3d 817· Fla. 4th DCA· 2018-02-14 ·cited 12×
  A day spa and aesthetician appealed a judgment of $814,694 for negligence in performing a chemical peel on a plaintiff with pre-existing rosacea. The plaintiff alleged the peel permanently aggravated her mild rosacea condition, while defendants claimed comparative negligence. The
• Piedra v. City OF N. BAY Vill.
  193 So. 3d 48· Fla. 3d DCA· 2016-05-04 ·cited 12×
  A minor riding a motorized skateboard was hit by a truck at an intersection in North Bay Village obscured by foliage and hedges. The trial court granted summary judgment for the city, its landscaping contractor, and the adjacent property owner, but the appellate court reversed, f
• Cevallos v. Keri Ann Rideout
  107 So. 3d 348· Fla.· 2012-11-21 ·cited 12×
  The Florida Supreme Court reviewed a Fourth District Court of Appeal decision concerning the presumption of negligence in rear-end collisions, holding that comparative negligence principles apply and the presumption can be rebutted by evidence of the front driver's negligence.
• Ugaz v. Am. Airlines, Inc.
  576 F. Supp. 2d 1354· S.D. Fla.· 2008-09-04 ·cited 12×
  The court held that the Montreal Convention applied, precluding recovery because the injury did not result from an 'accident' and, alternatively, that the Plaintiff's negligence claim was barred by the 'open and obvious' nature of the hazard.
• Olsten Health Servs., Inc. v. Edmond Cody
  979 So. 2d 1221· Fla. 3d DCA· 2008-04-30 ·cited 12×
  Olsten Health Services appealed a jury verdict finding it negligent in the care of paraplegic patient Edmond Cody, who developed a severe Stage 4 pressure ulcer that required years of treatment and never fully healed. The appellate court affirmed the judgment, rejecting Gentiva's
• Philip Morris USA, Inc. v. Arnitz
  933 So. 2d 693· Fla. 2d DCA· 2006-07-21 ·cited 12×
  Philip Morris appealed a jury verdict awarding Ronald Arnitz $240,000 (after 60% comparative fault reduction) on a strict liability design defect claim for cigarettes. The court affirmed, holding that a plaintiff who pleads comparative fault in the complaint may present evidence
• Sta-Rite Indus., Inc. v. Levey
  909 So. 2d 901· Fla. 3d DCA· 2004-12-22 ·cited 12×
  A 14-year-old boy suffered catastrophic brain injuries when he became trapped in an exposed pool drain. The jury found the pump manufacturer Sta-Rite liable for $104 million based on defective design and failure to warn, but the appellate court reversed and remanded due to errone
• Sherry v. Regency Ins. Co. a/s/f Thomas & Bobbie Riginos & Thomas & Bobbie Riginos
  884 So. 2d 175· Fla. 2d DCA· 2004-07-23 ·cited 12×
  Jean Sherry appeals summary judgments entered against her for damages caused by a burst washing machine hose that flooded her condominium unit and the unit below. The Florida Second District Court of Appeal reverses, holding that genuine issues of material fact remain regarding S
• McGRAW v. R & R Invs., Ltd.
  877 So. 2d 886· Fla. 1st DCA· 2004-07-20 ·cited 12×
  Patricia McGraw, an equine trainer, sued R and R Investments after being thrown by a horse owned by R & R. The trial court granted summary judgment to R & R based on equine activity immunity under Florida Statute § 773.02. The appellate court reversed, holding that R & R's failur
• Indus. Affiliates, Ltd. v. Testa
  770 So. 2d 202· Fla. 3d DCA· 2000-10-04 ·cited 12×
  Industrial Affiliates owned a warehouse park where an employee of a tenant company tripped and fell on a poorly maintained grassy area. The jury found the landlord 90% negligent, and the appellate court affirmed, holding that the landlord failed to properly preserve its sufficien
• Schnepel v. Gouty
  766 So. 2d 418· Fla. 1st DCA· 2000-08-25 ·cited 12×
  In this negligence action arising from a gunshot wound, the court addressed whether settlement proceeds from a non-liable defendant should be set off against a judgment awarded against the liable defendant. The court reversed the trial court's denial of a setoff, holding that Flo
• Metrolimo, Inc. v. Lamm
  666 So. 2d 552· Fla. 3d DCA· 1995-06-07 ·cited 12×
  The court held that a joint venture and its partners are vicariously liable for the negligence of a driver, even if the driver is an independent contractor, and that a permanent injury is not a prerequisite for awarding future economic damages.
• Eichelkraut v. Kash N' Karry Food Stores, Inc.
  644 So. 2d 90· Fla. 2d DCA· 1994-08-26 ·cited 12×
  The Eichelkrauts won a jury verdict for personal injury damages when Mrs. Eichelkraut fell in a K & K parking lot, but the trial court granted K & K a new trial based on allegedly inflammatory closing argument by plaintiffs' counsel. The appellate court reversed, finding the clos
• Rodriguez v. Loxahatchee Groves Water Control Mgmt. Dist.
  636 So. 2d 1348· Fla. 4th DCA· 1994-03-09 ·cited 12×
  In this wrongful death action arising from a truck rollover into a canal, the appellate court reversed the trial court's grant of a new trial, holding that evidence of prior similar accidents was properly admitted to show knowledge of a dangerous condition and that any inflammato
• Provident Life & Accident Ins. Co. v. Prichard
  636 So. 2d 731· Fla. 4th DCA· 1993-09-01 ·cited 12×
  Provident Life and Accident Insurance Company appeals the denial of its motion to intervene in a minor's personal injury lawsuit where it had paid over $800,000 in medical expenses under the child's health insurance policy. The court reverses, holding that Provident has a suffici
• Mark JAY Kaufman, P.A. v. Davis & Meadows, P.A.
  600 So. 2d 1208· Fla. 1st DCA· 1992-06-05 ·cited 12×
  Mark Jay Kaufman, P.A. appealed the dismissal of its charging lien against Davis & Meadows, P.A., arising from a fee-splitting dispute over a personal injury case that was referred to Davis during Kaufman's bankruptcy. The appellate court reversed the dismissal, holding that the
• City OF Winter Haven v. Allen
  589 So. 2d 968· Fla. 2d DCA· 1991-11-08 ·cited 12×
  In this negligent shooting case, the Florida appellate court affirmed the trial court's grant of a new trial, finding that a juror improperly disclosed a prior $600,000 wrongful death verdict in the jury room, which influenced the current jury's $10,000 verdict by making jurors b
• Alex GUP, M.D. v. Cook
  585 So. 2d 926· Fla.· 1991-08-15 ·cited 12×
  The Supreme Court of Florida reviewed a medical malpractice case where a patient sued a urologist and clinic for negligence in diagnosing bladder cancer, ultimately quashing in part the district court's decision regarding damages and the limitation of liability.
• Prunier v. City OF Watertown
  936 F.2d 677· 2d Cir.· 1991-06-17 ·cited 12×
  The court held that the plaintiff presented sufficient evidence to allow a reasonable jury to find that the City's negligence in failing to warn of hidden stairs was a proximate cause of the accident, thus summary judgment was improper.
• Pinkham v. Burgess
  933 F.2d 1066· 1st Cir.· 1991-05-22 ·cited 12×
  The court affirmed the jury's verdict, holding that the defendant attorney's appeal issues were not preserved and that the jury's findings on emotional distress and comparative negligence were supported by sufficient evidence.
• Ellis Ayers, Jr. v. The City OF Miami & Peoples Gas Sys., Inc.
  578 So. 2d 302· Fla. 3d DCA· 1991-03-12 ·cited 12×
  Ellis and Carol Ayers appealed summary judgments granted in favor of the City of Miami and Peoples Gas System after Ellis was injured stepping into an uncapped gas valve box while crossing a street. The appellate court reversed, holding that defendants owed a duty of reasonable c
• Kendrick v. Ed's Beach Serv., Inc.
  577 So. 2d 936· Fla.· 1991-02-14 ·cited 12×
  The Florida Supreme Court reversed a summary judgment in favor of a lifeguard service company, holding that even when a plaintiff knows of an open and obvious danger in a non-contact sport like diving, the defendant's negligence cannot be totally barred by assumption of the risk;
• Molecular Tech. Corp. v. Al Valentine
  925 F.2d 910· 6th Cir.· 1991-02-11 ·cited 12×
  The court held that accepting a jury verdict with inconsistent findings and misapplications of instructions was reversible error, and that a judgment notwithstanding the verdict should have been granted for the Snyder defendants on MoTech's negligent misrepresentation claim due t
• State Farm Mut. Auto. Ins. Co. v. Michaelyn Smith
  565 So. 2d 751· Fla. 5th DCA· 1990-07-12 ·cited 12×
  State Farm appealed the trial court's exclusion of the seat belt defense in an underinsured motorist case where the plaintiff sustained a herniated disc after not wearing a seat belt during a collision. The Fifth District affirmed the exclusion, holding that while the seat belt d
• Smith v. Univ. Med. Ctr., Inc.
  559 So. 2d 393· Fla. 1st DCA· 1990-04-10 ·cited 12×
  Smith, a security guard, sued University Medical Center for injuries from slipping on wet wax. A jury awarded $81,000 in damages but found Smith 70% negligent, resulting in a net award of $24,300 after setoff. The appellate court reversed, finding the hospital violated discovery
• Jones v. Fla. Power & Light Co.
  552 So. 2d 284· Fla. 4th DCA· 1989-11-15 ·cited 12×
  The court reversed summary judgment for the electric company, finding a question of fact regarding legal causation, but affirmed summary judgment for the tree-trimming company.
• Austin v. Lincoln Equip. Assocs., Inc.
  888 F.2d 934· 1st Cir.· 1989-11-07 ·cited 12×
  The court held that the defendant waived its claim of verdict inconsistency by failing to object before the jury was dismissed, and that questions of fact existed regarding assumption of risk and misuse, thus denying the defendant's motions.
• Devolder v. Sandage
  544 So. 2d 1046· Fla. 2d DCA· 1989-05-17 ·cited 12×
  The DeVolders appealed a jury verdict that awarded Mrs. DeVolder $60,000 for personal injuries but reduced it by 50% based on a seat belt defense, and awarded Mr. DeVolder nothing on his loss of consortium claim. The court reversed the reduction of Mrs. DeVolder's award, finding
• Emp'r's Cas. Ins. Co. v. Manfredo
  542 So. 2d 1365· Fla. 3d DCA· 1989-05-09 ·cited 12×
  A workers' compensation lienholder appealed a trial court's order reducing its lien recovery by applying a mathematical formula that improperly combined litigation costs and comparative negligence percentages. The appellate court reversed, holding that the lienholder's recovery s
• Allen v. Chance Mfg. Co., Inc.
  873 F.2d 465· 1st Cir.· 1989-04-28 ·cited 12×
  The court held that the district court erred by refusing to instruct the jury on the 'sole proximate cause' defense, which could have included the employer's negligence, and by preventing argument on this issue. This error may have affected the jury's verdict, necessitating a new
• Grier v. Bankers Land Co. & The Shaker Corp., Inc.
  539 So. 2d 552· Fla. 4th DCA· 1989-03-08 ·cited 12×
  In a dissenting opinion, the court argued that even if landowners were negligent in allowing foliage to obstruct a public right-of-way, they were not liable for a fatal accident caused by a driver who ran a stop sign and sped into an intersection, as this was an independent, unfo
• Cont'l Assurance Co. v. Benny Davis
  538 So. 2d 542· Fla. 1st DCA· 1989-02-17 ·cited 12×
  The court held that a final judgment awarding damages is inconsistent with a jury verdict that found no liability for fraud.
• Kathios v. Gen. Motors Corp.
  862 F.2d 944· 1st Cir.· 1988-12-16 ·cited 12×
  A plaintiff who has obtained a satisfied judgment for injuries cannot relitigate the amount of damages or the extent of their comparative fault against a new defendant.