Comparative Negligence

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

• T & S Enters. Handicap Accessibility, Inc. v. Wink Indus. Maint. & Repair, Inc.
  11 So. 3d 411· Fla. 2d DCA· 2009-05-13 ·cited 9×
  The court held that a third-party claim for contribution is not permissible under the current statutory scheme when the defendant can allocate fault to a non-party under section 768.81(3), Florida Statutes.
• Glenice Petit-Dos v. Sch. Bd. OF Broward Cnty.
  2 So. 3d 1022· Fla. 4th DCA· 2009-01-07 ·cited 9×
  An eighteen-year-old deaf student was struck by a pickup truck while exiting a school bus, and sued the School Board for negligence. The jury apportioned fault at 20% to the School Board, 70% to the truck driver, and 10% to the student. The appellate court affirmed, holding that
• Byers v. The Radiant Grp., L.L.C.
  966 So. 2d 506· Fla. 2d DCA· 2007-10-19 ·cited 9×
  In a premises liability action arising from a fatal parking lot brawl at a convenience store, the court reversed summary judgment for the property owner, holding that a customer does not automatically lose invitee status merely by participating in a fight with other patrons. The
• Preferred Nat'l Ins. v. FAT Invs., Inc.
  842 So. 2d 1068· Fla. 4th DCA· 2003-04-23 ·cited 9×
  The court held that the insurance policy's liquor liability exclusion precluded coverage for the estate's claim that the bar had a duty to aid an intoxicated patron who left the premises and was subsequently killed.
• Glucksman v. Persol N. Am., Inc.
  813 So. 2d 122· Fla. 4th DCA· 2002-02-27 ·cited 9×
  A Florida appellate court reversed a legal malpractice judgment against attorney Glucksman, holding that the statute of limitations on Persol North America's underlying malpractice claim against prior counsel (Lott) began to run when the Persol North America–Persol Italy settleme
• Keith Phillips for the Estate of Sylvia Nightengale Phillips v. Ralph Guarneri, M.D.
  785 So. 2d 705· Fla. 4th DCA· 2001-05-23 ·cited 9×
  The estate of Sylvia Phillips appealed a directed verdict entered against it in a medical malpractice action against Dr. Guarneri. The trial court erroneously concluded that granting summary judgment on third-party negligence affirmative defenses constituted a determination on th
• Est. OF Leosbel Marimon v. Fla. Power & Light Co.
  787 So. 2d 887· Fla. 3d DCA· 2001-04-25 ·cited 9×
  The Estate of Leosbel Marimon, a 17-year-old killed by electrocution while picking fruit from a tree on the defendant's property, appealed summary judgment in favor of the landowner and electric utility company. The court reversed, finding genuine issues of material fact regardin
• Carnival Cruise Lines, Inc. v. Levalley
  786 So. 2d 18· Fla. 3d DCA· 2001-04-11 ·cited 9×
  A new trial on all liability issues is required due to the erroneous exclusion of expert testimony regarding the plaintiff's pre-existing condition and its relevance to causation and comparative negligence. The trial court also erred in striking the jury's finding of comparative
• Louis H. Anderson, M.D. & Louis H. Anderson, M.D., P.A. v. Ewing
  768 So. 2d 1161· Fla. 4th DCA· 2000-09-13 ·cited 9×
  In this medical malpractice case arising from a complicated childbirth, the court affirmed the denial of Dr. Anderson's directed verdict motion, finding sufficient evidence of negligence. The court affirmed the trial court's set-off of the infant's settlement against the parents'
• Crowley v. Sunny's Plants, Inc.
  710 So. 2d 219· Fla. 3d DCA· 1998-05-06 ·cited 9×
  The Crowleys appealed the trial court's denial of attorney's fees and costs under Florida's offer of judgment statute after their settlement offers to Sunny's Plants were rejected and the case proceeded to trial, resulting in a judgment exceeding their offers. The appellate court
• Smith v. Hugo
  714 So. 2d 467· Fla. 4th DCA· 1998-03-18 ·cited 9×
  The Smiths appealed a jury verdict in favor of a veterinarian and animal hospital after their cat bit the owner during a vaccination procedure. The court affirmed the verdict, finding that the trial court's refusal to give a specialized jury instruction on the standard of care fo
• LEE v. Treasure Island Marina, Inc.
  620 So. 2d 1295· Fla. 1st DCA· 1993-06-18 ·cited 9×
  Richard Lee sued Treasure Island Marina after falling from a dock and injuring his leg on a piling during construction. The trial court granted summary judgment for the defendant based on Lee's alleged negligence being the sole proximate cause, but the appellate court reversed, f
• Harrison v. Hous. Res. Mgmt., Inc.
  588 So. 2d 64· Fla. 1st DCA· 1991-10-31 ·cited 9×
  In this premises liability case, the Florida District Court of Appeal reversed the trial court's denial of a motion for new trial, finding that the jury's verdict awarding only medical expenses but no pain and suffering damages was inadequate as a matter of law, and that the tria
• Kane v. Portwood
  573 So. 2d 980· Fla. 2d DCA· 1991-01-25 ·cited 9×
  A 15-year-old passenger sued defendants for injuries from an automobile accident, but the jury applied the joint enterprise doctrine to impute the driver's negligence to her, resulting in zero recovery. The appellate court reversed, holding that the joint enterprise doctrine shou
• Nichols v. Home Depot, Inc.
  541 So. 2d 639· Fla. 3d DCA· 1989-01-31 ·cited 9×
  John Nichols was injured when he fell off a ladder while attempting to retrieve merchandise from overhead storage in a Home Depot warehouse-style store. The trial court granted Home Depot's summary judgment motion, but the appellate court reversed, holding that genuine issues of
• Vivas v. SUN Alliance Ins. Co.
  807 F.2d 1102· 1st Cir.· 1986-12-29 ·cited 9×
  The dissenting judge believes the majority erred in applying res ipsa loquitur to infer negligence from an escalator malfunction without sufficient evidence.
• Coats & Clark, Inc. v. GAY
  755 F.2d 1506· 11th Cir.· 1985-03-25 ·cited 9×
  The court held that the trial court properly granted summary judgment on the counterclaim, did not err in rejecting evidence of industry custom from a single location, and that the judge's conduct did not constitute plain error, and sufficient evidence supported the jury's verdic
• Louisiana-Pacific Corp. v. Mims
  453 So. 2d 211· Fla. 1st DCA· 1984-07-25 ·cited 9×
  The appellate court reversed a personal injury judgment, finding that the trial court erred in denying a directed verdict on punitive damages and in allowing the plaintiff's closing argument chart to go to the jury.
• Chinos Villas, Inc. v. Bermudez
  448 So. 2d 1179· Fla. 3d DCA· 1984-04-17 ·cited 9×
  Chinos Villas, Inc. appealed the trial court's dismissal of its counterclaim for contribution against the parents of a child who drowned at the defendant's facility. The court held that under Florida's Uniform Contribution Among Tortfeasors Act, a defendant may file a permissive
• Whitten v. State Farm Fire & Cas. Co.
  430 So. 2d 528· Fla. 4th DCA· 1983-04-27 ·cited 9×
  The Whittens appeal a directed verdict granted in favor of the Links and State Farm after Robert Whitten fell on a toy car left on the floor of the Links' home during a barbecue. The court reversed, holding that sufficient evidence existed for a jury to find negligence based on t
• Algis K. Rimkus and Matilde Rimkus v. Nw. Colo. SKI Corp.
  706 F.2d 1060· 10th Cir.· 1983-01-17 ·cited 9×
  The court held that evidence of subsequent remedial measures (marking a hazard) was admissible to rebut the defendant's claim of contributory negligence and to impeach witness testimony, especially when accompanied by a limiting instruction. The court also held that the trial cou
• Fries v. Fla. Power & Light Co.
  402 So. 2d 1229· Fla. 5th DCA· 1981-07-29 ·cited 9×
  The court held that the trial court erred in granting summary judgment for the power company, as genuine issues of material fact existed regarding negligence.
• Alsay-Pippin Corp. v. Lumert
  400 So. 2d 834· Fla. 4th DCA· 1981-07-08 ·cited 9×
  Alsay-Pippin Corporation appeals a jury verdict awarding Martha Lumert $315,000 for injuries from a car accident caused by the corporation's employee. The central issue is whether the employee was acting within the scope of his employment when the accident occurred, which determi
• ST. Louis-San Francisco Ry. Co. & Robert Martin v. White
  369 So. 2d 1007· Fla. 1st DCA· 1979-04-19 ·cited 9×
  A railroad company appeals a $280,000 wrongful death judgment awarded to the minor children of a man killed in a grade crossing accident, challenging the admission of evidence regarding the railroad's speed limits, the jury instructions on statutory and industry safety standard v
• Warner v. The City OF BAY ST. Louis
  552 F.2d 583· 5th Cir.· 1977-05-18 ·cited 9×
  The court held that the city was liable for negligence in failing to warn of shallow water at a municipal pier, and the award, reduced by 50% due to the plaintiff's contributory negligence, was not excessive.
• Carmelo Savoca and Marie Savoca v. Sherry Frontenac Hotel Operating Co., Inc.
  346 So. 2d 1207· Fla. 3d DCA· 1977-05-10 ·cited 9×
  The court held that the trial judge's clarification of jury instructions regarding damage reduction resolved any confusion, and the plaintiffs' counsel's acquiescence waived any objection to the procedure. The court also held that the plaintiffs waived the issue of inconsistent v
• Cent. Truck Lines, Inc. v. Rogers
  140 So. 2d 130· Fla. 1st DCA· 1962-04-17 ·cited 9×
  In this negligence action arising from a truck collision near a railroad crossing, the appellate court reversed a jury verdict for the defendant, finding the evidence overwhelmingly established that defendant's negligent passing maneuver—not plaintiff's prudent slowing at the cro
• Seaboard AIR Line R.R. Co. v. Boles
  160 Fla. 910· Fla.· 1948-10-26 ·cited 9×
  In this railroad crossing negligence case, the Florida Supreme Court affirmed a jury verdict finding the railroad negligent but found the $15,500 damage award excessive. The court held that both parties were negligent, with the plaintiff failing to properly observe an approaching
• Azzalee Harvin and her husband Edward Harvin v. Kenan
  157 Fla. 603· Fla.· 1946-06-11 ·cited 9×
  Azzalee Harvin sued a railroad company for injuries sustained when she stepped off a moving train after the porter informed her they had arrived at Daytona Beach. The Florida Supreme Court affirmed judgment against her, holding that the railroad's duty of care does not relieve pa
• Miami Transit Co. v. Dalton
  156 Fla. 485· Fla.· 1945-10-23 ·cited 9×
  In this wrongful death action arising from a bicycle-bus collision, the Florida Supreme Court reversed the lower court's judgment for the plaintiff, finding that the evidence of the bus driver's negligence was insubstantial and that the evidence instead abundantly supported a fin
• Atl. Coast Line R.R. Co. v. Lamphear
  109 Fla. 25· Fla.· 1933-03-13 ·cited 9×
  Atlantic Coast Line Railroad was held liable for injuries resulting from a train-automobile collision at a Clearwater grade crossing. The case addresses the burden of proof imposed on railroad companies by Florida statute and whether alleged instructional errors regarding presump
• Key W. Elec. Co. v. Higgs
  140 So. 327· Fla.· 1931-09-23 ·cited 9×
  In this wrongful death action, the Florida Supreme Court affirmed a reduced judgment for $19,878.58 against an electric company, holding that under Florida's comparative negligence statute, damages must be diminished in proportion to the employee's contributory negligence where b
• Pratus v. Marzucco's Constr. & Coatings, Inc.
  310 So. 3d 146· Fla. 2d DCA· 2021-01-15 ·cited 8×
  The appellate court reversed a summary judgment granted to a construction company, finding that genuine issues of material fact existed regarding whether an uncovered drain on a construction site was an open and obvious danger. The court held that the company's duty to maintain s
• THE Graham Cos. v. Amado
  305 So. 3d 572· Fla. 3d DCA· 2020-04-15 ·cited 8×
  The appellate court affirmed a final judgment for the plaintiff, Jason Amado, against the landlord, The Graham Companies. The court held that the trial court did not err in denying the landlord's motion for a directed verdict or its motion for a new trial, finding sufficient evid
• Doctors Co. v. Plummer
  210 So. 3d 711· Fla. 5th DCA· 2017-01-20 ·cited 8×
  The court affirmed the application of a contingency fee multiplier but reversed the trial court's determination that the contingency fee agreement did not contemplate payment of attorney's fees for the defense of the insured in the underlying lawsuit.
• Milva Lissabet Ortega v. Blanchard Belony
  185 So. 3d 538· Fla. 3d DCA· 2015-12-30 ·cited 8×
  The appellate court held that the trial court erred in granting additur because the jury's award of $5,000 for pain and suffering was supported by the evidence and did not shock the conscience.
• In re Standard Jury Instructions IN Civil Cases-Report NO. 13-01 (Products Liability)
  160 So. 3d 869· Fla.· 2015-03-26 ·cited 8×
  The Florida Supreme Court authorized amendments to standard jury instructions for products liability cases following a Committee proposal that incorporated judicial feedback from a prior preliminary approval order. This administrative decision establishes final approved instructi
• Swanson v. Robles
  128 So. 3d 915· Fla. 2d DCA· 2013-12-20 ·cited 8×
  In a wrongful death case arising from a vehicular collision, the trial court erroneously admitted evidence of the defendant's drug use during the compensatory damages phase of trial, even though the defendant had admitted full liability for both compensatory and punitive damages.
• Tricam Indus., Inc. v. Coba
  100 So. 3d 105· Fla. 3d DCA· 2012-08-29 ·cited 8×
  In a wrongfall death case stemming from a ladder collapse, the jury returned a verdict finding no design defect but finding the defendants negligent. The Third District Court of Appeal reversed, holding the verdict was fundamentally inconsistent because all evidence of negligence
• Benitez v. Joseph Trucking, Inc.
  68 So. 3d 428· Fla. 5th DCA· 2011-09-09 ·cited 8×
  The Benitezes appealed from a post-trial order setting aside a jury verdict and granting directed verdict for the defendants in a negligence action arising from a tractor-trailer accident. The court reversed, holding that the jury could reasonably find the crash was caused by the
• Archbishop Coleman F. Carroll High Sch., Inc. v. Maynoldi
  30 So. 3d 533· Fla. 3d DCA· 2010-02-10 ·cited 8×
  A parochial high school appeals a jury verdict holding it liable for injuries sustained by a 17-year-old student who consumed alcohol at an off-premises, student-organized party and subsequently crashed his vehicle. The appellate court reverses, holding that a school's duty of su
• Weatherly v. Louis
  31 So. 3d 803· Fla. 3d DCA· 2009-12-02 ·cited 8×
  The court held that a trial court's denial of a motion for new trial based on the manifest weight of the evidence requires the court to consider witness credibility and the weight of all evidence, not just legal sufficiency.
• Hulick v. Beers
  7 So. 3d 1153· Fla. 4th DCA· 2009-04-01 ·cited 8×
  Appellants Sheila Hulick and Reynolds and Reynolds Company appeal jury verdicts totaling over $21 million in a fatal automobile accident case, challenging the trial court's denial of a mistrial motion based on a witness's unsolicited reference to a 'criminal traffic trial.' The c
• Freeman v. Bellsouth Telecomms., Inc.
  954 So. 2d 45· Fla. 1st DCA· 2007-03-16 ·cited 8×
  The court held that sufficient evidence existed for the jury to find BellSouth had constructive notice of the dangerous condition, thus reversing the directed verdict.
• Servello & Sons, Inc. v. Sims
  922 So. 2d 234· Fla. 5th DCA· 2005-12-30 ·cited 8×
  The court held that the trial court erred in granting a directed verdict on liability, as the jury's finding of comparative negligence was supported by evidence and should not have been overturned.
• Miller v. Slabaugh
  909 So. 2d 588· Fla. 2d DCA· 2005-09-02 ·cited 8×
  A landowner's duty to maintain premises in a reasonably safe condition is not discharged by the open and obvious nature of a hazard if harm could be anticipated.
• Nissan Motor Co., Ltd. v. Alvarez
  891 So. 2d 4· Fla. 4th DCA· 2004-11-17 ·cited 8×
  In this products liability appeal, the jury found no design defect in a Nissan Pathfinder but nonetheless found Nissan negligent, awarding the Alvarezes over $3 million in damages. The Fourth District reversed, holding the verdict was fundamentally inconsistent because the Alvare
• Norman v. Farrow
  880 So. 2d 557· Fla.· 2004-06-24 ·cited 8×
  The Florida Supreme Court resolved a conflict between district courts regarding how to calculate damages when a plaintiff receives PIP (Personal Injury Protection) benefits and is comparatively negligent. The Court held that the PIP setoff should be applied to the total damages a
• Scott v. Sims
  874 So. 2d 21· Fla. 1st DCA· 2004-04-28 ·cited 8×
  In this negligence action arising from a vehicular accident, the trial court granted a motion for new trial on all issues—liability and all damages—after the jury returned a verdict awarding some damages but denying others. The appellate court affirmed, finding no abuse of discre
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 02-2)
  872 So. 2d 893· Fla.· 2004-04-01 ·cited 8×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions for Civil Cases (No. 02-2) relating to product liability instructions. The amendments clarify and restructure instructions on manufacturing defects and design defects, add cautionary notes about poten