Comparative Negligence

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

• Am. States Ins. & Burnett Corp. v. See-Wai
  472 So. 2d 838· Fla. 5th DCA· 1985-07-11 ·cited 10×
  The court held that the trial court erred in applying the 50% recovery factor when the employee did not recover the full value of damages due to comparative negligence or coverage limits. The correct formula for equitable distribution was applied.
• Hewitt v. Lymas
  460 So. 2d 467· Fla. 4th DCA· 1984-12-05 ·cited 10×
  Hewitt, Coleman & Associates sought reimbursement of worker's compensation benefits paid when an employee settled a third-party tort claim for less than the alleged full value. The court reversed the trial court's partial reimbursement award, holding that the employer is entitled
• Armstrong v. Farm Equip. Co. & the Hartford Ins. Co.
  742 F.2d 883· 5th Cir.· 1984-10-01 ·cited 10×
  The court held that under Louisiana law, an employee's negligence within the scope of employment is imputed to the employer, and that under comparative negligence principles, a decedent's own negligence reduces, rather than bars, wrongful death recovery for beneficiaries.
• Whitely v. United States Fid. & Guar. Co.
  454 So. 2d 63· Fla. 1st DCA· 1984-08-14 ·cited 10×
  The court held that the workers' compensation carrier is entitled to 100% of its lien on settlement proceeds, even if the settlement was for less than full value due to questionable liability, and that the carrier is not required to contribute to the employee's attorney's fees.
• Allstate Ins. Co. v. Lafferty
  451 So. 2d 446· Fla.· 1984-04-12 ·cited 10×
  Florida Supreme Court held that evidence of a plaintiff's failure to wear an available seat belt is admissible to mitigate damages in negligence cases where the seat belt defense is properly pleaded and competent evidence shows the failure to use the belt contributed substantiall
• Consol. Aluminum Corp. v. Braun
  447 So. 2d 391· Fla. 4th DCA· 1984-03-14 ·cited 10×
  Plaintiff was injured when he fell off a ladder manufactured by Consolidated and sued on negligence, strict liability, and breach of implied warranty theories. The jury found Consolidated negligent but found the ladder was not defective and there was no breach of warranty, an inc
• AETNA Ins. Co. v. Norman
  444 So. 2d 1124· Fla. 3d DCA· 1984-02-07 ·cited 10×
  Aetna Insurance appealed a trial court's determination of its workers' compensation lien following a third-party tort settlement. The appellate court reversed, holding that the trial court improperly applied an equitable distribution formula that reduced Aetna's lien by factoring
• Smith v. Seven Springs Farm, Inc.
  716 F.2d 1002· 3d Cir.· 1983-09-12 ·cited 10×
  The court held that a skier who voluntarily encounters known risks, even if reasonable, assumes the risk of injury, thereby discharging the ski resort from its duty of care.
• State v. Elbert E. McDONALD
  436 So. 2d 1134· Fla. 5th DCA· 1983-09-08 ·cited 10×
  The State of Florida's Division of Risk Management appealed a trial court's determination of its worker's compensation lien against a settlement. The court affirmed, holding that when an injured employee fails to recover the full value of damages due to comparative negligence or
• Russ v. Iswarin
  429 So. 2d 1237· Fla. 2d DCA· 1983-03-23 ·cited 10×
  In this auto accident case, a city bus operated by Russ collided with Packer's car in St. Petersburg. The trial court granted Packer a directed verdict on counterclaims against him but also granted him a new trial on the Packers' damage claims, finding the jury's 80% negligence f
• J. R. Ledbetter, M.D. v. Todd
  418 So. 2d 1116· Fla. 5th DCA· 1982-08-11 ·cited 10×
  In this medical malpractice appeal, a jury found Dr. Ledbetter negligent for performing unnecessary and inappropriate elbow surgeries on a manual laborer, awarding $22,900 in damages (reduced to $11,450 due to Todd's comparative negligence). The appellate court affirmed the negli
• City OF Jacksonville v. Raulerson
  415 So. 2d 1303· Fla. 1st DCA· 1982-06-08 ·cited 10×
  In this negligence case, the City of Jacksonville appeals a $125,001 jury verdict (remitted to $50,000 by the trial court under statutory immunity limits) for a 10-year-old boy burned by lime at a public park. The court affirms, holding that foreseeability of the injury was a jur
• Dean Witter Reynolds, Inc. v. Leslie
  410 So. 2d 961· Fla. 3d DCA· 1982-03-02 ·cited 10×
  Dean Witter Reynolds and branch manager Reginald Wagner appealed a jury verdict awarding stock investors $62,855 in compensatory damages and $69,855 in punitive damages for negligence and fraud in mismanaging a discretionary stock options account. The appellate court affirmed, ho
• Wilson v. Burlington N., Inc.
  670 F.2d 780· 8th Cir.· 1982-02-08 ·cited 10×
  The court held that submitting the issue of contributory negligence to the jury was reversible error when there was no evidence to support it, even if the jury found no damages for the plaintiff.
• Hannabass v. Fla. Home Ins. Co.
  412 So. 2d 376· Fla. 2d DCA· 1981-12-09 ·cited 10×
  An eleven-year-old girl ran through a sliding glass door at the defendants' home, suffering permanent scarring. The jury awarded $4,000 to the child but nothing to her parents for medical expenses. The appellate court reversed as to the parents' damages claim and remanded for a n
• Barron v. United States
  654 F.2d 644· 9th Cir.· 1981-08-27 ·cited 10×
  The United States, found liable for an employee's full damages due to its breach of duty, is entitled to indemnity from the government contractor employer based on their respective fault, and the employer is entitled to a jury trial on its share of fault.
• Walt Disney World Co. & Ins. Co. of N. Am. v. Merritt
  404 So. 2d 1077· Fla. 5th DCA· 1981-08-26 ·cited 10×
  Walt Disney World appealed a personal injury judgment where a restaurant patron was injured while moving chairs to create an egress pathway. The court affirmed the judgment, finding sufficient evidence supported the jury instruction on State Fire Marshal regulations and that the
• Herschel Shepard v. City OF Palatka & Joseph Rothenberg & United States Fid. & Guar. Co.
  414 So. 2d 1077· Fla. 5th DCA· 1981-06-10 ·cited 10×
  The court held that summary judgment on liability was erroneous because genuine issues of material fact exist regarding the architect's negligence in preparing plans and the contractor's compliance with those plans.
• Honesto Alegre v. Shurkey
  396 So. 2d 247· Fla. 1st DCA· 1981-04-06 ·cited 10×
  The Florida District Court of Appeal affirmed the trial court's dismissal of a negligence and attractive nuisance complaint brought by parents of a child injured falling from monkey bars on the defendants' property. The court held that playground equipment does not create liabili
• Olsen v. State Farm Auto. Ins. Co.
  386 So. 2d 600· Fla. 5th DCA· 1980-08-06 ·cited 10×
  The court reversed a summary judgment that would have applied Illinois law (which bars recovery based on contributory negligence) to an uninsured motorist claim arising from a Florida resident's death in an Illinois automobile accident. The court held that Florida's adoption of c
• Ennis Bush v. Oceans Int'l
  621 F.2d 207· 5th Cir.· 1980-07-11 ·cited 10×
  The timeliness of a longshoreman's negligence action against a shipowner must be determined by the doctrine of laches, using the Jones Act's three-year limitation period as an analogous measure.
• Hillsborough Cnty. Sch. Bd. & Ins. Co. of N. Am. v. Perez
  385 So. 2d 177· Fla. 2d DCA· 1980-07-02 ·cited 10×
  The Hillsborough County School Board and its insurer appealed a jury verdict holding the school board 100% negligent for a student's shotput injury. The court affirmed the negligence finding and the student's $150,000 damage award but reversed the $20,000 parental damages award a
• Ildefonso Martinez and Nancy Martinez v. Clark Equip. Co. & W. E. Johnson Equip. Co.
  382 So. 2d 878· Fla. 3d DCA· 1980-04-29 ·cited 10×
  Martinez sued Clark Equipment Company for strict liability and negligent design of a forklift, and W.E. Johnson Equipment Company for negligent repair. The trial court directed a verdict for the manufacturer on the strict liability count. The appellate court reversed the directed
• Etcher v. Blitch
  381 So. 2d 1119· Fla. 1st DCA· 1979-11-07 ·cited 10×
  Court affirmed judgment for defendant in assault and battery case, holding that the intentional shooting was not negligence and self-defense was a complete bar to liability.
• Wheaton v. Bohnert Roofing & Supply Co., Inc.
  369 So. 2d 1016· Fla. 3d DCA· 1979-04-24 ·cited 10×
  A building contractor was injured when a defective roof decking panel supplied by defendant Bohnert Roofing broke under his weight. The trial jury found both parties negligent and awarded damages, but the trial court granted defendant's post-verdict motion for directed verdict. T
• ST. Cloud Utils. v. Erick S. Moore
  355 So. 2d 446· Fla. 4th DCA· 1978-02-14 ·cited 10×
  St. Cloud Utilities appeals a trial judge's ruling that interest on a modified judgment should commence from the original jury verdict date rather than from the date the amended judgment was entered. The Fourth District Court of Appeal reverses, holding that interest should accru
• Seaboard Coast Line R.R. Co. v. Betty Raye Welfare and her mother
  350 So. 2d 476· Fla. 1st DCA· 1977-09-12 ·cited 10×
  Seaboard Coast Line Railroad appealed a judgment for the Welfare family arising from a grade crossing collision in which Betty Raye Welfare drove into an oncoming train. The court reversed, holding that the train's whistles and horns provided adequate warning as a matter of law,
• West v. Caterpillar Tractor Co., Inc.
  547 F.2d 885· 5th Cir.· 1977-02-25 ·cited 10×
  The court held that comparative negligence is a defense to strict tort liability and breach of implied manufacturer's warranty under Florida law, and damages must be reduced accordingly.
• Colosimo v. The MAY Dep't Store Co.
  466 F.2d 1234· 3d Cir.· 1972-07-27 ·cited 10×
  Plaintiff cannot recover because his voluntary assumption of risk is a complete defense under Pennsylvania law, even if the jury found otherwise.
• Benazet v. Atl. Coast Line R.R. Co.
  442 F.2d 694· 2d Cir.· 1971-04-23 ·cited 10×
  The court affirmed the judgment, holding that the jury's finding of no contributory negligence was supported, the dismissal of the third-party contribution claim was correct under maritime law, and the verdict was not excessive.
• Petersen v. Sgt. Robert M. Klos
  426 F.2d 199· 5th Cir.· 1970-03-19 ·cited 10×
  The court held that the district court erred in finding contributory negligence based on the decedent's failure to use a seat belt, as there was insufficient evidence of a causal connection and no established legal duty to use them. The court affirmed the finding of liability aga
• Seaboard Coast Line R.R. Co. v. Scudder
  215 So. 2d 760· Fla. 2d DCA· 1968-11-22 ·cited 10×
  Seaboard Coast Line Railroad appeals a $65,000 jury verdict in a negligence action arising from a motor vehicle-train collision. The court affirmed the judgment, holding that the trial judge properly submitted the contributory negligence question to the jury rather than granting
• W. Coast Terminals Co. OF Cal. v. Luckenbach S.S. Co., Inc.
  349 F.2d 568· 9th Cir.· 1965-08-04 ·cited 10×
  A shipowner who settles a seaman's personal injury claim in good faith after the stevedore refuses to defend is entitled to indemnity from the stevedore if the stevedore breached its warranty of workmanlike service, even if the shipowner cannot prove its actual liability to the s
• Ammar v. Am. Exp. Lines, Inc.
  326 F.2d 955· 2d Cir.· 1964-01-27 ·cited 10×
  The court held that under the Jones Act, a seaman's intervening negligence in a subsequent accident does not break the chain of proximate causation from the employer's initial negligence, and damages are to be reduced proportionally to the seaman's contributory negligence in that
• S. Farm Bureau Cas. Ins. Co. v. Mitchell
  312 F.2d 485· 8th Cir.· 1963-01-22 ·cited 10×
  An insurer owes its insured a duty to act in good faith and with the requisite degree of care in settling claims, and failure to do so can render the insurer liable for judgments exceeding policy limits.
• Fla. E. Coast Ry. Co. v. Soper
  146 So. 2d 605· Fla. 3d DCA· 1962-09-18 ·cited 10×
  Florida East Coast Railway appeals jury verdicts finding it negligent in a train-automobile collision at a Fort Pierce railroad crossing that killed two deaf-mute individuals. The court affirmed, holding that a railroad's duty of care is variable and depends on circumstances, and
• Reitan v. Travelers Indem. Co.
  267 F.2d 66· 7th Cir.· 1959-05-20 ·cited 10×
  The judgment is affirmed because the plaintiff's contributory negligence was as great or greater than the bus company's negligence, as a matter of law.
• Leslie v. Atl. Coast Line R.R. Co.
  103 So. 2d 645· Fla. 1st DCA· 1958-06-05 ·cited 10×
  The Florida appellate court reversed directed verdicts for a railroad company in two wrongful death actions arising from a grade crossing collision. The court held that the trial judge improperly invaded the jury's fact-finding province by weighing evidence and discrediting witne
• John W. Martin for Fla. E. Coast Ry. Co. v. Gus Johns
  78 So. 2d 398· Fla.· 1955-03-02 ·cited 10×
  A railroad passenger injured at a railroad crossing crossing sued for negligence. The jury returned a verdict for the plaintiff, but the Florida Supreme Court reversed for a new trial on damages, finding the award excessive under the comparative negligence doctrine.
• United States v. Gallops
  207 F.2d 48· 5th Cir.· 1953-09-09 ·cited 10×
  The court affirmed the district court's judgment, holding that earned sick and annual leave payments were not gratuities and thus not deductible from damages.
• Union Pac. R. Co. v. Denver-Chicago Trucking Co., Inc.
  202 F.2d 31· 8th Cir.· 1953-02-20 ·cited 10×
  The court held that the jury's finding of gross negligence by the defendant and slight contributory negligence by the plaintiff was supported by substantial evidence, and therefore, the plaintiff could recover under Nebraska's comparative negligence doctrine.
• Shields v. United States (two cases)
  175 F.2d 743· 3d Cir.· 1949-05-24 ·cited 10×
  The court held that the shipowner fulfilled its duty by providing a steam valve to safely oil the winch, and thus was not liable for the seaman's injuries. However, the seaman was entitled to maintenance and cure.
• De Zon v. Am. President Lines
  129 F.2d 404· 9th Cir.· 1942-07-03 ·cited 10×
• Crime v. Looney
  Fla. 1st DCA· 2021-11-24 ·cited 9×
  The appellate court reversed a trial court's decision in a vehicle collision case, finding that the trial court improperly applied the rear-end presumption and erred in disallowing a comparative fault defense. The court ordered a new trial on both liability and damages.
• Diecidue v. Lewis
  223 So. 3d 1015· Fla. 2d DCA· 2017-02-10 ·cited 9×
  Anthony Diecidue appeals the trial court's award of attorneys' fees to Allstate based on a rejected proposal for settlement. The appellate court reversed, holding that Allstate's proposal contained an ambiguous and impossible condition—a loss of consortium waiver requiring Diecid
• Antico v. Sindt Trucking, Inc.
  148 So. 3d 163· Fla. 1st DCA· 2014-10-13 ·cited 9×
  The Florida First District Court of Appeal denied a petition to quash a discovery order requiring limited inspection of a deceased motorist's cell phone in a wrongful death action. The court held that a strictly controlled expert inspection of cell phone data for a nine-hour peri
• Tallent v. Pilot Travel Ctrs., LLC
  137 So. 3d 616· Fla. 2d DCA· 2014-05-07 ·cited 9×
  A material issue of fact remained regarding whether the service station premises were maintained in a reasonably safe condition, precluding summary judgment.
• Royal Palm Hotel Prop., LLC v. Deutsche Lufthansa Aktiengesellschaft, Inc.
  133 So. 3d 1108· Fla. 3d DCA· 2014-02-05 ·cited 9×
  Royal Palm Hotel Property appeals a summary judgment awarding Deutsche Lufthansa attorney's fees and costs under an indemnification clause in their accommodations agreement. The court reversed, holding that the indemnification clause only covered the Hotel's own negligent acts, n
• Davis v. Roberts
  130 So. 3d 264· Fla. 5th DCA· 2013-12-20 ·cited 9×
  The Fifth District Court of Appeal reversed a trial court's decision awarding the Agency for Healthcare Administration (AHCA) full recovery of its Medicaid lien from a minor's personal injury settlement. The court held that section 409.910(11)(f)'s statutory formula is a rebuttab
• Brown v. Nya Yanitza Montanez and Eduardo Gonzalez
  90 So. 3d 982· Fla. 4th DCA· 2012-06-27 ·cited 9×
  Petitioners sought certiorari review of a trial court order requiring production of post-accident substance abuse treatment records from a drug rehabilitation facility where Jason Brown was placed as a bond condition following a fatal automobile accident. The Fourth District Cour