Comparative Negligence

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

• Gavel v. Girton
  183 So. 2d 10· Fla. 2d DCA· 1966-02-02 ·cited 12×
  In this automobile negligence case, a passenger sued her driver for injuries from an accident caused by allegedly reckless driving in dangerous fog conditions. The trial court directed a verdict for the defendant based on the passenger's assumption of risk, which the appellate co
• N. M. Paterson & Sons v. City OF Chicago
  324 F.2d 254· 7th Cir.· 1963-10-30 ·cited 12×
  The court held that the City's negligence was the sole proximate cause of the collision, and the district court erred in applying comparative negligence and finding the Torondoc at fault.
• Hall v. Tex. & NEW Orleans RY. Co.
  307 F.2d 875· 5th Cir.· 1962-09-13 ·cited 12×
  The court held that the jury's award of $24,000.00 was not inadequate, and no prejudicial errors occurred that would warrant overturning the verdict.
• Knapp v. Styer
  280 F.2d 384· 8th Cir.· 1960-07-11 ·cited 12×
  The court held that damages for loss of use are recoverable even when a commercial vehicle is totally destroyed, and that the jury could find the defendant's negligence gross and the plaintiff's contributory negligence slight under South Dakota's comparative negligence statute.
• Eldon C. Odekirk v. Sears Roebuck & Co.
  274 F.2d 441· 7th Cir.· 1960-02-05 ·cited 12×
  The court held that the jury's finding of 100% contributory negligence on the part of the plaintiff was supported by ample evidence and that the trial court's jury instructions were not prejudicial.
• Klimaszewski v. Pacific-Atlantic S.S. Co., Inc.
  246 F.2d 875· 3d Cir.· 1957-07-29 ·cited 12×
  The court held that a longshoreman injured during ship loading can recover for unseaworthiness and negligence, and does not assume the risk of such conditions.
• Brunner v. Minneapolis
  240 F.2d 608· 7th Cir.· 1957-02-01 ·cited 12×
  The court held that the deceased's negligence in failing to recognize his perilous position was at least equal, as a matter of law, to the train crew's negligence, thus barring recovery under Wisconsin's comparative negligence statute.
• Hawley v. Alaska S.S. Co.
  236 F.2d 307· 9th Cir.· 1956-08-03 ·cited 12×
  The court held that the plaintiff failed to present substantial evidence of the defendant's negligence, and therefore, the trial court did not err in dismissing the case for insufficiency of evidence.
• Vance W. Williams v. Tide Water Associated OIL Co.
  227 F.2d 791· 9th Cir.· 1955-11-25 ·cited 12×
  A seaman can combine claims for unseaworthiness and negligence in a single civil suit under diversity jurisdiction, preserving the right to a jury trial.
• Iler v. Seaboard Air Line R. Co.
  214 F.2d 385· 5th Cir.· 1954-06-30 ·cited 12×
  The court held that the plaintiff's own actions, in driving into the path of a train despite clear warnings and his own knowledge of the crossing, constituted the sole proximate cause of his injuries, barring recovery.
• Kirk v. ST. Joseph Stock Yards Co.
  206 F.2d 283· 8th Cir.· 1953-07-30 ·cited 12×
  The court held that the defendant stockyard company did not breach its duty under the Packers and Stockyards Act by leasing facilities to a third party, as the plaintiff's dealings and the responsibility for care were with that third party, not the defendant.
• Kulukundis v. Strand
  202 F.2d 708· 9th Cir.· 1953-03-10 ·cited 12×
  The court held that the ship owner was negligent and the vessel unseaworthy due to defective appliances, which were the proximate cause of the longshoreman's injuries, and that comparative negligence applied.
• Lang v. Rogney
  201 F.2d 88· 8th Cir.· 1953-01-15 ·cited 12×
  The court held that the trial court erred by not instructing the jury that the plaintiff was contributorily negligent as a matter of law for failing to yield the right-of-way, requiring a new trial.
• Baccile v. Halcyon Lines
  187 F.2d 403· 3d Cir.· 1951-02-21 ·cited 12×
  The employer's liability under the Longshoremen's and Harbor Workers' Compensation Act does not preclude contribution to a third-party tortfeasor to the extent of the compensation the employer would have paid.
• Cherney v. Holmes et ux.
  185 F.2d 718· 7th Cir.· 1950-12-12 ·cited 12×
  The court held that the admission of photographs, even if not fully disclosed at pre-trial, was not reversible error because the plaintiffs' qualified objection and subsequent use of the photos in their own argument did not affect substantial rights.
• Atl. Coast Llne R.R. Co. v. Gardner.
  77 Fla. 305· Fla.· 1919-03-29 ·cited 12×
  This case concerns whether a railroad company is liable for an employee's injuries sustained during a train wreck. The court found that the trial court improperly applied an older statute instead of a newer one that governed such cases, leading to a reversal of the judgment.
• St. Johns & Halifax R.R. Co. v. Ransom
  33 Fla. 406· Fla.· 1894-01-01 ·cited 12×
  A railroad company appeals a judgment for property damage caused by a fire that started from sparks emitted by one of its locomotives. The Florida Supreme Court affirmed the judgment, holding that while accumulating combustible debris on a railroad's right-of-way is not negligenc
• Galawezh Showan v. Pressdee
  922 F.3d 1211· 11th Cir.· 2019-04-29 ·cited 11×
  In this personal injury case arising from a motor vehicle accident, the Eleventh Circuit affirmed a $330,000 jury verdict for plaintiff Showan but vacated and remanded for a new trial on several grounds. The court held that while the district court properly admitted expert testim
• Trainor v. PNC Bank
  211 So. 3d 366· Fla. 5th DCA· 2017-03-03 ·cited 11×
  Janet Trainor appealed summary judgments granted to PNC Bank, its general contractor Kirby Bros., and subcontractor Lee Williams & Associates after she was injured stepping into a pothole in a parking lot under construction. The court reversed, holding that the obvious danger doc
• Jones v. Alayon
  162 So. 3d 360· Fla. 4th DCA· 2015-04-08 ·cited 11×
  In this wrongful death action, the estate of Ryland Nye challenged the trial court's evidentiary rulings and denial of a directed verdict on a seatbelt comparative negligence defense. The Fourth District Court of Appeal affirmed the judgment, holding that the trial court properly
• Collins v. Marriott Int'l, Inc.
  749 F.3d 951· 11th Cir.· 2014-04-14 ·cited 11×
  David Knowlton, a property owner and invitee at the Abaco Club in the Bahamas, fell to his death from a rocky cliff adjacent to the club's property. The jury found defendants one percent negligent and Knowlton ninety-nine percent negligent, awarding zero damages, and the district
• Philip Morris USA Inc. v. Allen
  116 So. 3d 467· Fla. 1st DCA· 2013-05-10 ·cited 11×
  Philip Morris USA and R.J. Reynolds Tobacco Company appealed a jury verdict awarding $40 million in damages to the estate of Patricia Allen, a lifelong smoker who died of COPD. The First District Court of Appeal reversed and remanded for a new trial, holding that the trial court
• Sunshine State Ins. Co. v. Jones
  77 So. 3d 254· Fla. 4th DCA· 2012-01-18 ·cited 11×
  Sunshine State Insurance Company appealed a declaratory judgment holding it liable for defense and indemnity in a negligence case involving a teenage passenger who grabbed a steering wheel while horseplay, causing a car accident. The court affirmed, holding that the passenger's c
• Garrett v. Miami Transfer Co., Inc.
  964 So. 2d 286· Fla. 4th DCA· 2007-09-26 ·cited 11×
  The court held that a trial court errs in refusing to grant an additur when a jury awards future medical expenses but fails to award future pain and suffering damages, and the evidence is undisputed that the accident caused the injuries and will continue to cause suffering.
• Dep't OF Hwy. Safety & Motor Vehicles v. Faryd A. Saleme
  963 So. 2d 969· Fla. 3d DCA· 2007-09-12 ·cited 11×
  In this motor vehicle negligence case, the Florida District Court of Appeal reversed a jury verdict that had apportioned fault 85% to the rear driver (Saleme) and 15% to the front driver (Trooper Lozano) after a rear-end collision. The court held that Saleme failed to present suf
• Janice L. Vucinich, M.D. v. Ross
  893 So. 2d 690· Fla. 5th DCA· 2005-02-18 ·cited 11×
  Dr. Vucinich, a radiologist sued for misinterpreting a chest x-ray, appeals a new trial order granted because her defense counsel's closing argument improperly referenced a settled co-defendant's absence from trial, thereby hinting at settlement in violation of Florida law and pr
• Deklyen v. Truckers World, Inc.
  867 So. 2d 1264· Fla. 5th DCA· 2004-03-19 ·cited 11×
  Donna Deklyen appeals the denial of her motion for a new trial following a jury verdict that awarded her substantial economic damages but zero noneconomic damages for injuries sustained in a fall at a truck stop. The court reversed, finding the damage award grossly inadequate and
• Wall v. Costco Wholesale Corp.
  857 So. 2d 975· Fla. 3d DCA· 2003-10-29 ·cited 11×
  Sandra Wall slipped and fell at a Costco store and sued for negligence. A jury found Costco 60% negligent and awarded damages, but the trial court denied the plaintiffs' motion for new trial. The appellate court reversed, finding that defense counsel's improper closing argument c
• Saed Mashni v. LaSALLE P'rs Mgmt. Ltd.
  842 So. 2d 1035· Fla. 4th DCA· 2003-04-23 ·cited 11×
  The Florida District Court of Appeal reversed a summary judgment in a slip and fall case, finding that genuine issues of material fact existed regarding the defendants' constructive notice of a wet restroom floor and whether the hazard was open and obvious.
• Wane Bogosian v. State Farm Mut. Auto. Ins. Co.
  817 So. 2d 968· Fla. 3d DCA· 2002-05-29 ·cited 11×
  Plaintiff Bogosian appeals a judgment favoring State Farm in an uninsured motorist benefits action after a phantom vehicle collision. The court reverses, holding that State Farm improperly introduced an unpled Fabre defense at trial without fair notice, used an undisclosed expert
• Pate v. Renfroe
  715 So. 2d 1094· Fla. 1st DCA· 1998-08-13 ·cited 11×
  Robert Pate appealed a judgment entered after a jury verdict in an automobile accident personal injury case, challenging the trial court's denial of his motions for new trial/additur and the $10,000 PIP set-off applied to reduce his verdict. The appellate court affirmed the denia
• Frazier v. Metro. Dade Cnty.
  701 So. 2d 418· Fla. 3d DCA· 1997-11-12 ·cited 11×
  A minor drowned at a Metro-Dade operated swimming facility while under supervision of lifeguards, her mother, and aunt. The court reversed the trial court's judgment on damages allocation, holding that a non-negligent survivor's recovery cannot be reduced by another survivor's ne
• Yellow CAB Co. OF ST. Petersburg, Inc. v. Chauncey Betsey
  696 So. 2d 769· Fla. 2d DCA· 1996-11-20 ·cited 11×
  In a negligence action arising from a rear-end collision on a bridge, the court reversed a directed verdict against the taxi driver, holding that he presented sufficient evidence of a sudden emergency that rebutted the presumption of negligence, making negligence a jury question.
• Hurst v. Astudillo
  631 So. 2d 380· Fla. 3d DCA· 1994-02-15 ·cited 11×
  In this negligence appeal, the trial court found Hurst liable for Astudillo's fall from a ladder placed against Hurst's roof, apportioning fault 50-50. The appellate court reversed, holding that Astudillo's bare fall from the ladder, without evidence of a defective ladder or dang
• Goodwin v. Alexatos
  584 So. 2d 1007· Fla. 5th DCA· 1991-02-07 ·cited 11×
  John Goodwin appealed a trial court judgment denying relief on multiple counts arising from a 1981 real estate transaction in Lake County, Florida. The appellate court affirmed judgments on most counts but reversed and remanded on two counts involving breach of escrow duty and co
• Fauber v. KEM Transp. & Equip. Co., Inc.
  876 F.2d 327· 3d Cir.· 1989-05-31 ·cited 11×
  The Third Circuit affirmed the district court's taxation of costs but modified the award of delay damages. The court held that Pennsylvania law on delay damages in tort is substantive for Erie purposes and must be applied in federal diversity cases. The court further held that th
• P.J.'S OF Daytona, Inc. v. Deenya Sorenson
  520 So. 2d 613· Fla. 5th DCA· 1987-12-31 ·cited 11×
• Coon v. The Cont'l Ins. Co.
  511 So. 2d 971· Fla.· 1987-07-09 ·cited 11×
  The Florida Supreme Court addressed the proper interpretation of section 440.39(3)(a) of the Florida Worker's Compensation Law regarding an insurance carrier's lien rights when an injured worker settles a third-party tort claim. The Court held that under the 1981 version of the s
• In re the Complaint of Villers Seafood Co., Inc. v. Vest
  813 F.2d 339· 11th Cir.· 1987-03-27 ·cited 11×
  The court held that the ladder was unseaworthy and that the shipowner had privity or knowledge of the unseaworthiness, thus reversing the district court's judgment and denying limitation of liability.
• Babine v. Gilley's Bronco Shop, Inc.
  488 So. 2d 176· Fla. 1st DCA· 1986-05-13 ·cited 11×
  Appellant Babine sued mechanical bull manufacturer Gilley's after being injured riding an El Toro bull at a nightclub, claiming the bull was defectively designed and inherently dangerous. The trial court granted summary judgment for Gilley's, finding the bull operated as designed
• Norman v. Mandarin Emergency Care Ctr., Inc.
  490 So. 2d 76· Fla. 1st DCA· 1986-01-15 ·cited 11×
  The Normans appealed a medical malpractice judgment against a clinic and physician that was reduced by 50% based on a jury finding of comparative negligence. The appellate court reversed, holding that the record contained insufficient evidence of the plaintiff's comparative negli
• Rocco v. Johns-Manville Corp.
  754 F.2d 110· 3d Cir.· 1985-01-25 ·cited 11×
  The court held that the Bankruptcy Code does not preempt Pennsylvania law allowing a plaintiff to avoid a settlement and sue on the underlying cause of action when a settling defendant defaults due to bankruptcy.
• Gates Learjet Corp. v. Moyer
  459 So. 2d 1082· Fla. 4th DCA· 1984-09-26 ·cited 11×
  Gates Learjet Corporation sought to quash summary judgments granted against its crossclaims for contribution against the estates of two pilots who died in a Learjet crash. The court held that Florida's non-claim statute bars contribution claims against deceased tortfeasors' estat
• Armand Cuozzo v. Ronan & Kunzl, Inc.
  453 So. 2d 902· Fla. 4th DCA· 1984-08-08 ·cited 11×
  Armand Cuozzo appeals from a judgment reducing his award from $80,000 to $52,000 based on a jury finding of 35% comparative negligence. The Fourth District Court of Appeal holds that the defendants failed to present evidence supporting comparative negligence and reverses the redu
• Owen v. The United States
  713 F.2d 1461· 9th Cir.· 1983-08-26 ·cited 11×
  The court held that the BCI settlement under § 877 must be found to represent a good faith determination of liability apportionment between tort-feasors.
• Bell v. Einer Mickelsen
  710 F.2d 611· 10th Cir.· 1983-04-01 ·cited 11×
  The court held that the trial court erred in applying comparative negligence to intentional tort damages and in apportioning damages between defendants, but that the § 1983 waiver issue was not preserved for appeal.
• Equitable Life Assurance Soc'y OF the United States v. Fairbanks
  400 So. 2d 550· Fla. 4th DCA· 1981-07-01 ·cited 11×
  Equitable Life Assurance Society appeals a trial court order granting a new trial in a negligence slip-and-fall case. The appellate court affirmed, finding the jury's verdict awarding only $5,000 in damages was against the manifest weight of evidence and reflected bias and prejud
• Gov't Emps. Ins. Co. v. Lang
  387 So. 2d 976· Fla. 2d DCA· 1980-06-20 ·cited 11×
  The trial court erred in refusing to allow a setoff for the tortfeasor's available liability insurance limits against the uninsured/underinsured motorist coverage. The award of arbitration costs is affirmed.
• Bassett Furniture Indus. OF N.C., Inc. v. NVF Co.
  576 F.2d 1084· 5th Cir.· 1978-07-20 ·cited 11×
  The court held that the trial court did not err in awarding interest on NVF's counterclaim from the due date of the invoices, but erred in increasing Bassett's damages award without a party's request and without clear evidence of undisputed damages.
• Birdie Dorsett v. Dion
  347 So. 2d 826· Fla. 3d DCA· 1977-07-06 ·cited 11×
  In a comparative negligence automobile accident case, the trial court properly admitted evidence that the plaintiff was driving with an illegally held learner's permit, as it had causal connection to the accident, and the jury verdict was adequate.