Comparative Negligence

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

• Veliz v. Rental Serv. Corp. USA, Inc.
  313 F. Supp. 2d 1317· M.D. Fla.· 2003-12-19 ·cited 8×
  The court held that the defendants were entitled to summary judgment because the decedent's misuse of the equipment and the alteration of its safety features were the sole legal causes of his death, and the warnings provided were adequate as a matter of law.
• Lion Plumbing Supply, Inc. v. Bienvenido Suarez and Delia Suarez
  844 So. 2d 768· Fla. 3d DCA· 2003-05-14 ·cited 8×
  Lion Plumbing Supply appeals a judgment in a motor vehicle accident case where two defense expert witnesses (orthopedic specialists) were excluded from testifying due to a one-expert-per-specialty pretrial rule. The appellate court reversed and remanded for a new trial, holding t
• MacHin v. Walgreen Co.
  835 So. 2d 284· Fla. 3d DCA· 2002-11-27 ·cited 8×
  Iris Machín appealed a jury verdict assigning her 45% comparative negligence after her daughter Melanie suffered injury from a wrongly dispensed medication at Walgreen pharmacy. The Florida appellate court affirmed, holding that parents have a duty to verify prescribed medication
• The City OF Miami v. Laylene Guillene Hong-DE LA Cruz
  784 So. 2d 475· Fla. 3d DCA· 2001-03-14 ·cited 8×
  The City of Miami appealed a trial court's order granting a new trial on damages in a negligence action where a police officer collided with the plaintiff while chasing a suspect through a crowded street festival. The appellate court affirmed, holding that the officer's foot purs
• Riegel v. Michael H. Beilan, D.O., & W. Coast Med. Assocs., P.A.
  788 So. 2d 990· Fla. 2d DCA· 2000-10-04 ·cited 8×
  In a medical malpractice case, the appellate court reversed a jury verdict that found the patient 70% comparatively negligent for refusing a nasogastric tube insertion after knee surgery. The court held that the trial court erroneously gave a comparative negligence instruction be
• Faye Levine Emmer and Norman Emmer v. Perez
  757 So. 2d 612· Fla. 3d DCA· 2000-05-17 ·cited 8×
  In this automobile accident case, the trial court directed a verdict in favor of the appellee driver (Perez) on the issue of liability, finding that the appellant driver (Emmer) was solely negligent for making a left turn without checking the right lane of oncoming traffic, relyi
• Kinnebrew v. Kmart Corp.
  755 So. 2d 187· Fla. 3d DCA· 2000-04-12 ·cited 8×
  The appellate court affirmed the jury verdict, finding no reversible error in the trial court's rulings on comparative negligence, assumption of risk, admission of evidence, mistrial, or verdict form.
• City OF Hollywood & Interrisk Concepts v. Lombardi
  738 So. 2d 491· Fla. 1st DCA· 1999-08-05 ·cited 8×
  This workers' compensation case addresses the interplay between subrogation lien reductions, wage caps, and offsets for disability benefits. The court reversed the judge of compensation claims on the amount of the subrogation lien but affirmed most other rulings, and certified tw
• Beverly Enterprises-Florida, Inc. v. McVEY
  739 So. 2d 646· Fla. 2d DCA· 1999-07-21 ·cited 8×
  Beverly Enterprises, a nursing home operator, appeals a jury verdict in favor of Eldridge McVey's estate for negligence and statutory violations. The court affirmed the liability verdict but reversed the damage apportionment that had included the VA Hospital as a tortfeasor, hold
• Assi v. Fla. Auto Auction OF Orlando, Inc.
  717 So. 2d 588· Fla. 5th DCA· 1998-09-04 ·cited 8×
  Robert Assi appealed a jury verdict awarding him $21,019.23 in economic damages from an automobile accident, where he was found 45% comparatively negligent. The trial court applied a calculation method that subtracted Assi's comparative negligence percentage from total damages be
• Bradshaw v. State Farm Auto. INS. Co.
  714 So. 2d 620· Fla. 5th DCA· 1998-07-24 ·cited 8×
  The Bradshaws appealed a jury verdict in their automobile accident personal injury case, challenging the comparative negligence finding, the limitation on future medical expenses, and the denial of loss of consortium damages to the wife. The court affirmed the negligence finding
• Uniroyal Tire Co. v. Trujillo
  711 So. 2d 606· Fla. 3d DCA· 1998-05-13 ·cited 8×
  Uniroyal Tire Company and General Motors Corporation appealed a trial court's order granting an additur and new trial based on findings that a jury verdict was inconsistent and fundamentally improper. The jury had found defendants liable for a tire defect but attributed 99% compa
• Beyer v. Leonard
  711 So. 2d 568· Fla. 2d DCA· 1997-12-31 ·cited 8×
  Max Beyer appeals a trial court order vacating an additur of $5,000 and granting Stephanie Leonard a new trial on damages. The Second District Court of Appeal reverses, holding that under Florida Statute § 768.043, only the party adversely affected by an additur (the liable party
• The Southland Corp. v. Crane
  699 So. 2d 332· Fla. 5th DCA· 1997-09-26 ·cited 8×
  The appellate court affirmed the trial court's additur for damages in a slip and fall case, finding the jury's award inadequate and the defendant's liability clearly shown.
• Capitano v. CSX Transp., Inc.
  698 So. 2d 652· Fla. 2d DCA· 1997-09-05 ·cited 8×
  Sam Capitano, a railroad conductor employed by CSX Transportation, was struck by a van driven by CSX's employee while walking in a train yard. The jury found Capitano 32% comparatively negligent and reduced his $252,000 damage award accordingly. The appellate court reversed, hold
• Y.H. Invs., Inc. v. Godales
  690 So. 2d 1273· Fla.· 1997-03-27 ·cited 8×
  The Florida Supreme Court held that under the state's comparative fault statute (§ 768.81), a jury may consider the negligence of a non-party parent or guardian when determining a minor plaintiff's damages in a negligence action against a third-party tortfeasor, even though the p
• Madsen v. Leaman
  686 So. 2d 780· Fla. 4th DCA· 1997-01-22 ·cited 8×
  The Florida District Court of Appeal reversed a final judgment against an accounting firm, finding that the jury's verdict was a compromise due to errors in deliberations and an inconsistent damage award. The case will be retried.
• Cody v. Kernaghan
  682 So. 2d 1147· Fla. 4th DCA· 1996-10-16 ·cited 8×
  The trial court erred in refusing to reduce economic damages by the plaintiff's percentage of comparative fault.
• Donaldson v. Cenac
  675 So. 2d 228· Fla. 1st DCA· 1996-06-18 ·cited 8×
  Brian and Linda Donaldson appealed a jury verdict for defendant Dwight Cenac in a personal injury case arising from a back injury allegedly caused by Cenac's performance of a physical maneuver on Brian Donaldson. The First District Court of Appeal reversed, holding that assumptio
• Rosemond Turner v. Winn-Dixie Food Stores, Inc.
  651 So. 2d 827· Fla. 5th DCA· 1995-03-17 ·cited 8×
  The court held that a genuine issue of material fact exists regarding whether the defendant had constructive knowledge of the pothole, precluding summary judgment.
• Kopf v. City OF Miami Beach
  653 So. 2d 1046· Fla. 3d DCA· 1995-02-15 ·cited 8×
  A pedestrian who fell on a cracked and deteriorated Miami Beach sidewalk sued the city. The appellate court reversed summary judgment for the city, holding that issues of negligence, comparative negligence, and causation must be resolved by a jury rather than dismissed on the "op
• Schindler Elevator Corp. v. Digna Viera
  644 So. 2d 563· Fla. 3d DCA· 1994-10-12 ·cited 8×
  Schindler Elevator Corporation appealed a negligence judgment in a wrongful death case, challenging the trial court's refusal to allow the jury to apportion liability to a settling co-defendant (Dade County). The Florida appellate court reversed and remanded because Fabre v. Mari
• Nova Univ., Inc. v. Sandi Frances Katz
  636 So. 2d 729· Fla. 4th DCA· 1993-08-25 ·cited 8×
  Nova University appeals a jury verdict finding it negligent for failing to provide spotters during a cheerleading stunt that injured a student. The court affirmed, holding that the student's participation in the stunt without spotters constituted only implied qualified assumption
• Commercial Coatings OF Nw. Fla., Inc. v. Pensacola Concrete Constr. Co., Inc.
  616 So. 2d 960· Fla.· 1993-04-08 ·cited 8×
  Pensacola Concrete Construction Company, which loaned a crane to Commercial Coatings, was held vicariously liable for injuries to a Commercial Coatings employee under the dangerous instrumentality doctrine. The Florida Supreme Court approved indemnity recovery by Pensacola Concre
• Hollywood Corporate Circle Assocs. v. Amato
  604 So. 2d 888· Fla. 4th DCA· 1992-09-02 ·cited 8×
  The appellate court reversed a personal injury judgment and remanded for a new trial, finding that the defendant, as a possessor of land, may be liable for failing to exercise reasonable care to maintain a part of the land that others might reasonably believe to be a public highw
• Joean Boatwright v. Sunlight Foods, Inc.
  592 So. 2d 261· Fla. 3d DCA· 1991-12-03 ·cited 8×
  The court held that the trial court erred in granting a directed verdict for the property owner because the plaintiff presented sufficient evidence to support exceptions to the general rule of owner non-liability for independent contractor injuries.
• James A. Cummings Inc. v. Larson
  588 So. 2d 1066· Fla. 4th DCA· 1991-11-13 ·cited 8×
  The court reviewed a trial court's refusal to grant a continuance for a defendant to obtain an expert affidavit supporting a claim of comparative negligence, with a dissenting judge arguing the refusal was an abuse of discretion.
• Se. Income Props. v. Nell Terrell
  587 So. 2d 670· Fla. 5th DCA· 1991-10-24 ·cited 8×
  Nell Terrell fell in an Econo Lodge parking lot and recovered damages from the property owner, but the trial court ordered a new trial on damages based on an alleged inconsistent jury verdict. The appellate court reversed, holding that any inconsistency in the verdict form was wa
• Figueredo v. Keller Indus., Inc.
  583 So. 2d 432· Fla. 3d DCA· 1991-08-06 ·cited 8×
  The Florida Third District Court of Appeal reversed a personal injury judgment against Keller Industries, finding multiple trial errors including improper exclusion of evidence, restriction of expert testimony, and awards of damages that were shockingly inadequate as a matter of
• Nanjunda Swamy, M.D. v. Hodges
  583 So. 2d 1095· Fla. 1st DCA· 1991-07-29 ·cited 8×
  The court held that there was insufficient evidence to support a finding of comparative negligence against Ms. Hodges and affirmed the denial of setoffs for future social security benefits.
• Ashland Compton v. Inland Steel Coal Co. & Dir.
  933 F.2d 477· 7th Cir.· 1991-05-21 ·cited 8×
  The court held that the 'contributing cause' standard for determining if pneumoconiosis is the cause of a miner's disability is too lenient and does not align with congressional intent to limit benefits to those truly incapacitated by coal dust.
• Mirta N. Barcello v. Rubin
  578 So. 2d 58· Fla. 4th DCA· 1991-04-24 ·cited 8×
  In this personal injury appeal from an automobile accident, the Fourth District Court of Appeal reversed the trial court's submission of the seat belt defense to the jury, holding that the defendant failed to prove the seat belt was operational where the plaintiff testified she w
• Williams v. Bumpass
  568 So. 2d 979· Fla. 5th DCA· 1990-10-11 ·cited 8×
  Tracy Williams appeals a jury verdict holding her liable for negligent entrustment of a firearm after she retrieved and handed a gun to Mark Shim during a fight with Sidney Bumpass, resulting in Bumpass being shot. The court affirms, holding that liability for negligent entrustme
• Williams v. Bankers Multiple Line Ins. Co.
  567 So. 2d 559· Fla. 4th DCA· 1990-10-10 ·cited 8×
  Jackie Williams appealed a judgment awarding her $12,565 for personal injuries from an automobile accident, challenging the trial court's rejection of a collateral source instruction and the jury's finding of comparative negligence. The appellate court reversed and remanded for a
• Shute v. Moon Lake Elec. Ass'n, Inc.
  899 F.2d 999· 10th Cir.· 1990-03-30 ·cited 8×
  The court held that Mountain States Telephone and Telegraph Company owed a duty of reasonable care to helicopter pilots due to a unique wire-pole configuration that created a hazard, and that the jury's verdict finding negligence was supported by sufficient evidence and proper ju
• Bryant v. Lucky Stores, Inc.
  570 So. 2d 950· Fla. 2d DCA· 1990-03-09 ·cited 8×
  Sylvia Bryant sued Lucky Stores after tripping over a speed bump in the fire lane of a supermarket parking lot. The trial court granted summary judgment for the defendant based on the speed bump being an open and obvious condition, but the appellate court reversed, finding that w
• Ana Tarin and her husband v. City Nat'l Bank OF Miami
  557 So. 2d 632· Fla. 3d DCA· 1990-02-27 ·cited 8×
  The court held that the $30,000 damages award for Ana Tarin was inadequate and unsupported by evidence, requiring a new trial on damages, but affirmed the exclusion of the police officer's expert testimony.
• Cont'l Baking Co., Inc. v. Slack
  556 So. 2d 754· Fla. 2d DCA· 1990-01-05 ·cited 8×
  Continental Baking Company and its employee driver appealed a trial judge's order granting a new trial after a jury verdict in their favor. The appellate court reversed, holding that the trial judge abused discretion in granting the new trial based on alleged violation of an in l
• Sottile v. Sottile
  551 So. 2d 608· Fla. 5th DCA· 1989-11-09 ·cited 8×
  Jennifer Sottile appeals the denial of her motion for relief from judgment under Florida Rule of Civil Procedure 1.540, seeking to restore the trial court's jurisdiction to award attorney's fees in a child custody modification case. The Fifth District Court of Appeal reverses, ho
• Tafoya v. Sears Roebuck & Co. & Roper Corp.
  884 F.2d 1330· 10th Cir.· 1989-09-01 ·cited 8×
  The court held that a seller can be deemed a manufacturer under Colorado strict liability statutes if they have substantial ownership or control over the manufacturer, and that the crashworthiness doctrine applies to riding lawnmowers.
• Vickers v. Chiles Drilling Co.
  882 F.2d 158· 5th Cir.· 1989-08-31 ·cited 8×
  The court held that the district court's apportionment of liability to Ingersoll-Rand and its award for mental pain and suffering were not clearly erroneous, but that post-judgment interest should run from the date of the second judgment.
• Barnett v. SEA Land Serv., Inc.
  875 F.2d 741· 9th Cir.· 1989-05-18 ·cited 8×
  The court held that a settlement agreement reached during mediation is not binding unless reduced to writing and signed by the parties, and that the district court did not err in its findings regarding comparative negligence or the award of prejudgment interest.
• Johnson v. Sch. Bd. OF Palm Beach Cnty.
  537 So. 2d 685· Fla. 4th DCA· 1989-01-25 ·cited 8×
  Parents of a deceased child sued the school board for wrongful death under Florida law. The school board sought contribution against the parents based on their comparative negligence, and the trial court awarded contribution. The appellate court affirmed, holding that the Uniform
• Robles v. Exxon Corp.
  862 F.2d 1201· 5th Cir.· 1989-01-12 ·cited 8×
  A district court errs by refusing to enter judgment on a jury's first verdict and by hearing jurors' post-verdict testimony regarding their thought processes and interpretation of instructions.
• Barrier v. Duncan
  541 So. 2d 631· Fla. 1st DCA· 1989-01-06 ·cited 8×
  In this motor vehicle collision case, the Florida appellate court reversed a jury verdict that found the appellants 90% at fault because the trial court gave conflicting and misleading jury instructions regarding a driver's right to stop on the highway and improperly instructed t
• Seaboard Sys. R.R., Inc. v. Mells
  528 So. 2d 934· Fla. 1st DCA· 1988-07-07 ·cited 8×
  Seaboard System Railroad appeals a jury verdict against it for running over Ronald Mells, a drunk 21-year-old who sat on railroad tracks behind his home and lost an arm. The court affirmed the $200,000 judgment, holding that the railroad's duty to Mells was measured by ordinary n
• Winn v. Lafayette Town House
  839 F.2d 835· 1st Cir.· 1988-01-27 ·cited 8×
  A partial retrial on liability is permissible even if it requires reassessing damages, as the trial court abused its discretion by denying a new trial solely on liability.
• Gust K. Newberg Constr. Co. v. E.H. Crump & Co.
  818 F.2d 1363· 7th Cir.· 1987-05-15 ·cited 8×
  An insurance broker has no duty to inform the insured of specific exclusions in an 'all risk' policy when the insured did not request coverage for the excluded peril and was in a better position to know its own needs.
• Campbell v. Otis Elevator Co.
  808 F.2d 429· 5th Cir.· 1987-01-27 ·cited 8×
  The court held that the trial court erred in instructing the jury on the doctrine of res ipsa loquitur and in imposing a common carrier's high standard of care on an elevator maintenance contractor, requiring reversal and remand for a new trial.
• Commonwealth OF Pa. & Raymond Williams v. Local Union 542
  807 F.2d 330· 3d Cir.· 1986-12-05 ·cited 8×
  A race-conscious remedy must be narrowly tailored to the violations it seeks to correct and must respect the legitimate interests of all affected individuals.