Comparative Negligence

2,641 Florida cases classified under this topic, plus 374 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• W.R. Grace & Co. - Conn. v. Waters
  638 So. 2d 502· Fla.· 1994-06-02 ·cited 96×
  The Florida Supreme Court held that prior punitive damage awards against a defendant do not preclude subsequent punitive damage awards for the same conduct, rejecting W.R. Grace's argument for limiting successive punitive damages in asbestos litigation. The Court also established
• Ins. Co. OF N. Am. & John Menninger v. Pasakarnis
  451 So. 2d 447· Fla.· 1984-04-12 ·cited 96×
  The Florida Supreme Court held that evidence of a plaintiff's failure to wear an available and operational seat belt is admissible in personal injury litigation to reduce damages (but not to establish liability for the accident itself), establishing the viability of the "seat bel
• Ga. S. & Fla. Ry. Co. v. Seven-Up Bottling Co. OF Se. Ga., Inc.
  175 So. 2d 39· Fla.· 1965-05-12 ·cited 96×
  The Florida Supreme Court held that Section 768.06, a comparative negligence statute applying exclusively to railroads, violated the Equal Protection Clause because changed conditions—particularly the rise of motor vehicles as dangerous instrumentalities—made the statute arbitrar
• Collins v. The Sch. Bd. OF Broward Cnty.
  471 So. 2d 560· Fla. 4th DCA· 1985-05-15 ·cited 95×
  A student was sexually assaulted by a classmate during shop class due to inadequate teacher supervision. The jury found for the student, but the trial court granted the school board's motion for directed verdict, which this court reversed, holding that sufficient evidence support
• Schoen v. Gilbert
  436 So. 2d 75· Fla.· 1983-07-28 ·cited 92×
  The Florida Supreme Court affirmed that a homeowner has no duty to warn a social guest of an obvious difference in floor levels, even when lighting is poor, because such a condition is not inherently dangerous as a matter of law. The decision resolved a conflict between district
• Griffith v. Wheeling Pittsburgh Steel Corp. & Am. Commercial Lines, Inc.
  521 F.2d 31· 3d Cir.· 1975-08-11 ·cited 92×
  The court held that a longshoreman can sue his employer, who is also a vessel owner pro hac vice, for negligence under the 1972 amendments to the LHWCA, and that the exclusive remedy provision does not bar such an action.
• Pesaplastic v. Cincinnati Milacron Co.
  750 F.2d 1516· 11th Cir.· 1985-01-24 ·cited 91×
  The court affirmed the district court's judgment, finding sufficient jurisdiction, venue, and that the trial court did not err in its evidentiary rulings, jury instructions, or determination of contribution.
• Williams v. Davis
  974 So. 2d 1052· Fla.· 2007-11-21 ·cited 90×
  The Florida Supreme Court held that private residential landowners do not owe a duty to adjacent motorists for foliage located entirely within their property boundaries under the McCain foreseeable zone of risk negligence analysis, but do owe a duty to prevent foliage from extend
• Aston Bartholomew v. Universe Tankships, Inc.
  263 F.2d 437· 2d Cir.· 1959-01-09 ·cited 90×
  The court held that the Jones Act applies when substantial contacts exist between the transaction and the United States, and that a maritime claim for unseaworthiness can be tried to a jury alongside a Jones Act claim under the doctrine of pendent jurisdiction.
• Lawrence v. Fla. E. Coast Ry. Co.
  346 So. 2d 1012· Fla.· 1977-04-29 ·cited 89×
  The Florida Supreme Court addressed whether evidence of prior gate malfunctions at other railroad crossings is admissible in a wrongful death case, and whether special verdicts must be required in comparative negligence trials. The court held that such evidence is admissible to s
• Colon Shows v. Jamison Bedding, Inc.
  671 F.2d 927· 5th Cir.· 1982-04-02 ·cited 86×
  The court affirmed the district court's grant of a new trial, finding the first jury verdict was against the great weight of the evidence, and also affirmed the second jury's damage award as not excessive.
• Seaboard Air Line Railway v. Callan
  73 Fla. 688· Fla.· 1917-03-21 ·cited 86×
  This case concerns a personal injury lawsuit against a railroad company. The court affirmed a jury verdict for the plaintiff, holding that the railroad failed to overcome the statutory presumption of negligence when its train backed into the plaintiff's wagon without sufficient w
• Orme v. Burr
  157 Fla. 378· Fla.· 1946-05-03 ·cited 85×
  Two widow plaintiffs appealed jury verdicts in favor of the administrator of Andrew Crawford's estate, seeking damages for the wrongful deaths of their husbands who died in a single-vehicle crash allegedly caused by Crawford's gross negligence or wilful and wanton misconduct. The
• Self v. Great Lakes Dredge & Dock Co.
  832 F.2d 1540· 11th Cir.· 1987-12-01 ·cited 84×
  The court held that the district court erred in limiting the plaintiff's recovery based on a settlement with another tortfeasor, and that the plaintiff is entitled to recover full damages less the amount already paid in settlement. The court also remanded for specific findings on
• Hubbard v. Faros Fisheries, Inc.
  626 F.2d 196· 1st Cir.· 1980-07-22 ·cited 84×
  The court held that the jury's finding of unseaworthiness was supported by sufficient evidence and that the trial court applied an incorrect standard for determining the duration of maintenance and cure payments.
• Marks v. Delcastillo
  386 So. 2d 1259· Fla. 3d DCA· 1980-08-05 ·cited 83×
  In this wrongful death action arising from a catastrophic dynamite explosion that killed two teenage boys, the Florida Third District Court of Appeal affirmed damages awarded to the parents but reversed awards to the boys' estates, holding that Marks Brothers Company breached its
• Fla. Motor Transp. Co. v. Hillman
  87 Fla. 512· Fla.· 1924-05-24 ·cited 83×
  Florida Motor Transportation Company appealed a judgment awarding Clarence Hillman $2,500 for personal injuries after a motor bus struck him while he was working on the roadside. The Florida Supreme Court affirmed, holding that the defendant's failure to properly plead contributo
• Waltraud Mary Sexsmith Clark and Richard J. Clark v. The Boeing Co.
  395 So. 2d 1226· Fla. 3d DCA· 1981-03-24 ·cited 82×
  Flight attendant Mrs. Clark sued Boeing and United Technologies for injuries allegedly caused by opening an aircraft door while engines were running at the captain's insistence, claiming the incident caused her multiple sclerosis. The trial court dismissed the complaint, and the
• City OF Miami v. Sanders
  672 So. 2d 46· Fla. 3d DCA· 1996-02-21 ·cited 81×
  The City of Miami appeals a judgment awarding damages to Mildred Sanders for negligent use of excessive force during her arrest. The court reverses, holding that there is no cognizable cause of action for "negligent" use of excessive force because excessive force in an arrest con
• O'Connell v. Walt Disney World Co.
  413 So. 2d 444· Fla. 5th DCA· 1982-05-05 ·cited 81×
  A minor was injured during a horseback ride at Disney World when horses stampeded. The court reversed summary judgment for Disney, holding that the release form lacked clear language exculpating the defendant for its own negligence, and material factual disputes existed regarding
• Fla. E. Coast Ry. Co. v. Geiger
  66 Fla. 582· Fla.· 1914-01-09 ·cited 81×
  On the second appeal of this negligence action arising from a passenger's injuries while alighting from a moving train, the Florida Supreme Court affirmed a jury verdict for the plaintiff. The court clarified the doctrine that reversal on a prior appeal does not foreclose conside
• Austin v. Unarco Indus., Inc.
  705 F.2d 1· 1st Cir.· 1983-03-30 ·cited 80×
  The court held that the bankruptcy stay applies only to the debtor and not to solvent co-defendants, and that admiralty law could apply to products liability claims arising from shipyard asbestos exposure.
• Goldberg v. Fla. Power & Light Co.
  899 So. 2d 1105· Fla.· 2005-04-07 ·cited 78×·via Comparative Fault
  Florida Power & Light (FPL) terminated electrical power to a traffic signal while repairing a downed power line, causing the signal to malfunction. When a motor vehicle collision at the now-uncontrolled intersection killed 12-year-old Jill Goldberg, a jury awarded $37 million in
• Mrs. Harvey Stancill v. McKENZIE Tank Lines, Inc.
  497 F.2d 529· 5th Cir.· 1974-06-27 ·cited 78×
  The court held that the trial court did not err in admitting expert testimony, allowing a counterclaim, or entering judgment on the jury's verdict, as the jury's findings had a rational basis in the evidence and any alleged inconsistencies were waived or harmless.
• Schneider v. Chrysler Motors Corp.
  401 F.2d 549· 8th Cir.· 1968-10-02 ·cited 78×
  The court held that the district court properly granted judgments notwithstanding the verdict because the evidence did not establish that the vent window presented an unreasonable risk of harm, and therefore, no negligence or breach of implied warranty was shown as a matter of la
• Germak v. Fla. E. Coast Ry. Co.
  95 Fla. 991· Fla.· 1928-05-30 ·cited 78×
  This case reviews a plaintiff's appeal after a jury found in favor of the defendant railroad company. The appellate court affirmed the lower court's decision, finding no reversible error in the trial proceedings, including the denial of additional closing argument time to the pla
• Carroll v. Carnival Corp.
  955 F.3d 1260· 11th Cir.· 2020-04-15 ·cited 77×
  The court held that a genuine dispute of material fact exists regarding whether the lounge chair obstruction was open and obvious, and whether the cruise line had notice of the hazard, thus reversing summary judgment on the failure to warn claim. The court also held that the open
• Leger v. Drilling Well Control, Inc.
  592 F.2d 1246· 5th Cir.· 1979-04-10 ·cited 77×
  A non-settling defendant is entitled to a credit against the judgment for the proportionate share of negligence attributed to settling joint tortfeasors, not a dollar-for-dollar credit of the settlement amount.
• Fitzgerald v. Texaco, Inc.
  521 F.2d 448· 2d Cir.· 1975-06-25 ·cited 77×·via Comparative Fault
  The dissent argues that the forum non conveniens doctrine should not apply to dismiss the case, asserting that justice requires retaining jurisdiction in American courts.
• The Seaboard Air Line Ry. v. Smith
  53 Fla. 375· Fla.· 1907-01-01 ·cited 77×
  The Florida Supreme Court reversed a jury verdict for Sam Smith, a Black man injured by the Seaboard Air Line Railway, holding that the trial court committed multiple errors in jury instructions and evidentiary rulings that were calculated to mislead the jury and violated Florida
• Regency Lake Apts. Assocs., Ltd. v. French
  590 So. 2d 970· Fla. 1st DCA· 1991-11-26 ·cited 76×
  Regency Lake Apartments appeals from a judgment awarding damages to tenants who were injured when the tenant tripped over exposed tree roots in a designated pet walk area while avoiding another dog. The court affirms the denial of the directed verdict motion, holding that a prope
• Arleen S. Rice v. Fla. Power & Light Co.
  363 So. 2d 834· Fla. 3d DCA· 1978-10-03 ·cited 76×
  In this wrongful death negligence action, the appellate court affirmed summary judgment for Florida Power & Light Company and the University of Miami where a geology student was electrocuted after his model airplane struck overhead power lines. The court held that neither defenda
• Marlon A. James and Donald v. James
  133 So. 2d 297· Fla.· 1961-09-20 ·cited 76×
  The Florida Supreme Court reversed the District Court of Appeal's rejection of a last clear chance instruction in a pedestrian accident case, holding that the jury should have been allowed to consider whether the defendant driver had an opportunity to avoid striking the plaintiff
• Bessie Johnson by her next friend David Johnson v. Louisville & Nashville R.R. Co.
  59 Fla. 305· Fla.· 1910-01-01 ·cited 76×
  A railroad worker's negligence in failing to promptly warn the engineer of an approaching pedestrian contributed to the plaintiff's injuries, precluding a directed verdict for the defendant. The Florida Supreme Court reversed the trial court's directed verdict and remanded for ju
• Mrs. Frances Buckley Ward v. The Hobart Mfg. Co.
  450 F.2d 1176· 5th Cir.· 1971-10-14 ·cited 74×
  The court held that the manufacturer of a meat grinder was not negligent in its design or in failing to warn of dangers, as the design met industry standards at the time of manufacture and the dangers were open and obvious.
• Trans World Airlines, Inc. v. Hughes
  449 F.2d 51· 2d Cir.· 1971-09-01 ·cited 74×
  The court affirmed the district court's default judgment and subsequent damages award, finding that the defendant's willful refusal to produce Howard Hughes for a deposition justified the severe sanction of default.
• Lusich v. Bloomfield S.S. Co.
  355 F.2d 770· 5th Cir.· 1966-01-24 ·cited 74×
  The court held that withdrawing the negligence theory from the jury was reversible error, and that the shipowner was entitled to a new trial on its third-party indemnity claim.
• Raphael Klepper v. Breslin
  83 So. 2d 587· Fla.· 1955-10-19 ·cited 74×
  A father sued for damages from the death of his four-year-old son struck by a car driven by Alma Conway Breslin. The Florida Supreme Court upheld a jury verdict for the defendants, establishing that a father's wrongful death action under Florida law can be defeated by the mother'
• Fla. S. Ry. Co. v. Hirst
  30 Fla. 1· Fla.· 1892-06-01 ·cited 74×
  A passenger injured in a train collision sued the railroad for damages, but the trial court's instructions improperly allowed the jury to find the railroad liable despite the passenger's violation of a company rule prohibiting passengers from riding in the express car, which was
• Merrill Crossings Assocs. v. McDONALD
  705 So. 2d 560· Fla.· 1997-12-04 ·cited 73×·via Comparative Fault
  The Florida Supreme Court held that an action alleging negligent failure to provide adequate security, resulting in an intentional criminal assault by a third party, is an action "based upon an intentional tort" under Florida Statutes § 768.81(4)(b) and therefore falls outside th
• Hewitt v. The B.F. Goodrich Co.
  732 F.2d 1554· 11th Cir.· 1984-05-29 ·cited 73×
  The court held that the trial judge abused his discretion in granting a new trial because the jury's verdict was not against the great weight of the evidence.
• Teamsters Local 282 Pension Tr. Fund v. Angelos
  762 F.2d 522· 7th Cir.· 1985-05-13 ·cited 72×
  A trustee's imprudent failure to investigate before investing does not relieve another party of liability for securities fraud.
• Husky Indus., Inc. v. Black
  434 So. 2d 988· Fla. 4th DCA· 1983-07-06 ·cited 72×
  This products liability case involves a fireman severely burned when charcoal lighter fluid he was applying to hot coals exploded. The plaintiff claimed the can was defectively designed due to the absence of a flashback arrester and its black color. The appellate court reversed t
• State Farm Mut. Auto. Ins. Co. v. Olsen
  406 So. 2d 1109· Fla.· 1981-11-25 ·cited 72×
  State Farm sought declaratory judgment that Illinois's contributory negligence law should bar recovery in an uninsured motorist claim arising from a fatal accident in Illinois involving a Florida resident. The Florida Supreme Court held that Illinois law controls under the "signi
• Martinez v. Dixie Carriers, Inc.
  529 F.2d 457· 5th Cir.· 1976-03-29 ·cited 72×·via Comparative Fault
  The court held that DuPont did not breach its duty to warn, as the workers were experienced professionals aware of the product's dangers, and the barge was unseaworthy due to inadequate equipment and procedures, not the product's warnings.
• R.J. Reynolds Tobacco Co. v. Jimmie Lee Brown to the Estate of Roger Brown
  70 So. 3d 707· Fla. 4th DCA· 2011-09-21 ·cited 71×·via Comparative Fault
  This case addresses how the Florida Supreme Court's jury findings from the landmark Engle class action tobacco case should be applied in subsequent individual lawsuits by class members. The Fourth District holds that Engle findings establish the conduct elements of negligence and
• Metro. Dade Cnty. v. Dillon
  305 So. 2d 36· Fla. 3d DCA· 1974-12-10 ·cited 71×
  Metropolitan Dade County appeals a wrongful death judgment of $900,000 awarded to the parents of six-year-old Darlene Dillon, who was killed by a county garbage truck. The appellate court affirmed the judgment, finding substantial evidence of negligence and rejecting all eight po
• Colletta P. Clampitt v. D.J. Spencer Sales
  786 So. 2d 570· Fla.· 2001-05-10 ·cited 70×·via Comparative Fault
  The Florida Supreme Court reversed a district court decision that had overturned summary judgment in a rear-end collision case. The Court held that a sudden stop alone is insufficient to overcome the statutory presumption of negligence attaching to the rear driver, and affirmed t
• Manning v. M/V "SEA Road"
  417 F.2d 603· 5th Cir.· 1969-10-16 ·cited 70×·via Comparative Fault
  The court held that the shipowner's violation of a safety regulation, resulting in the vessel's unseaworthiness, was the proximate cause of the employee's injury.
• Laurice v. COX
  247 F.2d 629· 5th Cir.· 1957-08-08 ·cited 70×
  The court held that the exclusion of the shipmaster's report as an admission and the erroneous jury instructions regarding the seaman's duty to obey orders and select equipment constituted reversible error.