Comparative Negligence

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

• Middleton v. Harris Press & Shear, Inc.
  796 F.2d 747· 5th Cir.· 1986-08-11 ·cited 8×
  The court held that jury instructions regarding assumption of risk and employer negligence were harmless errors, and the exclusion of evidence of subsequent modifications and draft safety standards was proper.
• Greta Ellen Hauser v. Pub. Serv. Co. OF Colo.
  797 F.2d 876· 10th Cir.· 1986-07-24 ·cited 8×
  The court held that the district court did not err in its jury instructions on the highest degree of care, denying a directed verdict, or failing to declare a mistrial, but did err in failing to reduce the judgment by the amount paid by a settling tortfeasor.
• Cousins Constr. Co. NO. III, Inc. v. Black
  488 So. 2d 838· Fla. 2d DCA· 1986-04-09 ·cited 8×
  Cousins Construction appeals a $40,000 summary final judgment in a professional malpractice case against engineering firm BC & E, arguing the judgment improperly reduced damages based on Cousins' settlement agreement with its lender, Barnett Mortgage Trust. The court holds that t
• Briney v. Sears
  782 F.2d 585· 6th Cir.· 1986-01-28 ·cited 8×
  The court held that a product's design cannot be deemed defective if the product is not being used in an intended or reasonably foreseeable manner, and a manufacturer need not anticipate all possible uses.
• Plante v. Hobart Corp. & the R.M. Flagg Co.
  771 F.2d 617· 1st Cir.· 1985-09-04 ·cited 8×
  The court held that the evidence was legally insufficient to support a jury verdict against the grinder manufacturer for negligent design or negligent failure to warn.
• Ashcroft v. Calder Race Course, Inc.
  464 So. 2d 1250· Fla. 3d DCA· 1985-02-19 ·cited 8×
  This case examines whether the defense of express assumption of risk applies in professional horse racing. The court held that it does, reversing a lower court's decision that had declined to enter judgment for the defendant race course.
• Agustin Carvajal v. Alvarez
  462 So. 2d 1156· Fla. 3d DCA· 1984-11-13 ·cited 8×
  The court affirmed judgment for defendants in a wrongful death case, holding that a minor's assumption of risk in riding a horse in an allegedly dangerous manner barred recovery where the jury could properly conclude the conduct constituted an aberrant form of the sport.
• Cutcher v. C.A. Walker and Charles H. Powers
  455 So. 2d 1335· Fla. 1st DCA· 1984-09-19 ·cited 8×
  Lorraine Cutcher appeals summary judgment dismissing her negligence action against her deceased husband's employers following a truck collision and fire that killed her husband and severely burned her. The court affirms summary judgment on respondeat superior claims but reverses
• Greenwood v. McDONOUGH Power Equip., Inc.
  731 F.2d 690· 10th Cir.· 1984-04-09 ·cited 8×
  The court held that admitting surprise expert testimony was within the trial court's discretion, especially when the plaintiff did not seek a continuance.
• Blancher v. Metro. Dade Cnty.
  436 So. 2d 1077· Fla. 3d DCA· 1983-09-06 ·cited 8×
  Patrick Blancher, who suffered a knee injury while playing softball at a county park, obtained a jury verdict of $89,695 in damages against Metropolitan Dade County. The trial court granted the county's motion for a new trial based on jury confusion regarding damages calculations
• In re the use by the trial courts of the Standard Jury Instructions (Civil Cases)
  435 So. 2d 782· Fla.· 1983-05-19 ·cited 8×
  The Florida Supreme Court authorized publication of revised standard jury instructions for product liability cases in civil trials, adopting recommendations from the committee on standard jury instructions. The Court emphasized it was not deciding any substantive questions of law
• Overbee v. VAN Waters & Rogers
  706 F.2d 768· 6th Cir.· 1983-05-10 ·cited 8×
  The court held that the trial court erred in denying an evidentiary hearing on the issue of juror misconduct.
• Hewitt v. Grattan
  432 So. 2d 125· Fla. 2d DCA· 1983-04-29 ·cited 8×
  A workers' compensation insurance carrier sought reimbursement from a third-party settlement under Florida Statute § 440.39. The trial court awarded only $1,386.40 in reimbursement by improperly applying a pain-and-suffering deduction to the statutory formula. The appellate court
• Ephrim McCOY v. United States
  689 F.2d 1196· 4th Cir.· 1982-08-25 ·cited 8×
  The court held that a shipowner is fully liable for a seaman's injuries resulting from unseaworthy conditions, even if the seaman is performing duties related to the unseaworthiness, unless the shipowner proves the seaman had a safe alternative.
• Passaro v. The City OF Sunrise
  415 So. 2d 162· Fla. 4th DCA· 1982-06-23 ·cited 8×
  A mother and her three-year-old son were injured when the child fell through bleachers at a city-owned athletic facility due to a missing wooden seat. The trial court granted summary judgment for the City of Sunrise, but the appellate court reversed, holding that genuine issues o
• Alden Auto Parts Warehouse, Inc. v. Dolphin Equip. Leasing Corp.
  682 F.2d 330· 2d Cir.· 1982-06-11 ·cited 8×
  The court held that Alden's unilateral mistake, resulting from its own negligence and not Dolphin's misrepresentation, did not entitle it to rescission or restitution against Dolphin.
• Cordelia Wallace v. P. L. Dodge Mem'l Hosp.
  399 So. 2d 114· Fla. 3d DCA· 1981-06-02 ·cited 8×
  In this second appeal, the court addresses whether a trial court properly entered judgment for a hospital despite a jury verdict favoring the plaintiff in a negligence case. The court holds that the doctrine of law of the case prevents the trial court from reconsidering whether t
• Fleury v. City OF Riviera Beach & Leonard Andrew Meyers
  396 So. 2d 813· Fla. 4th DCA· 1981-04-08 ·cited 8×
  In this consolidated appeal arising from a motorcycle accident, the Fleurys sought review of judgments in two related cases. The court affirmed the judgment in the Fleurys' favor against the City of Riviera Beach but reversed the City's third-party judgment against the Fleurys, f
• Plyler v. Wheaton van Lines
  640 F.2d 1091· 9th Cir.· 1981-03-30 ·cited 8×
  The court held that California's adoption of comparative negligence superseded the wanton and wilful misconduct rule, requiring damages to be apportioned accordingly.
• Slaughter v. Pa. X-Ray Corp. & John J. Geiger v. Delco Gen. Truck Sales Co., Inc.
  638 F.2d 639· 3d Cir.· 1981-01-15 ·cited 8×
  A "loan receipt" arrangement between joint tortfeasors to fund a settlement is valid and not a prohibited settlement payment, and a comparative negligence statute does not apply retroactively to torts committed before its effective date.
• Safeco Ins. Co. v. Sarkisian
  389 So. 2d 1088· Fla. 4th DCA· 1980-11-05 ·cited 8×
  Safeco Insurance Company appealed a trial court's decision to award it only $8,000 from a $75,000 third-party settlement rather than the statutory 50% ($37,500). The court reversed, holding that under Florida's workers' compensation statute, the carrier is entitled to 50% of the
• Swan v. Avery Wisdom
  386 So. 2d 574· Fla. 5th DCA· 1980-07-02 ·cited 8×
  In this medical malpractice case, a jury found Dr. Swan 10% negligent for a complication from clavicle surgery that resulted in lung puncture. The appellate court reversed the trial court's denial of a new trial, holding that mortality tables were improperly admitted without evid
• Bradley v. Milliken
  620 F.2d 1143· 6th Cir.· 1980-04-14 ·cited 8×
  The court held that demographic changes do not obliterate the effects of past de jure segregation and that inner-city school regions cannot be excluded entirely from desegregation plans.
• Vagle v. Pickands Mather & Co.
  611 F.2d 1212· 8th Cir.· 1979-11-20 ·cited 8×
  The court held that the employer of an independent contractor is not vicariously liable for the negligence of the independent contractor to the contractor's employees, absent specific Minnesota law to the contrary.
• Sowles v. Urschel Labs., Inc.
  595 F.2d 1361· 8th Cir.· 1979-04-17 ·cited 8×
  The court held that the manufacturer had no duty to warn the plaintiff because the danger of unclogging a running machine was obvious and the plaintiff was aware of the risk.
• Worley v. Kirkland
  360 So. 2d 447· Fla. 1st DCA· 1978-06-21 ·cited 8×
  A nine-year-old boy and his parents sued for injuries sustained when struck by a car. The jury found the defendant negligent but awarded zero damages to the child and mother while awarding $2,500 to the father. The court reversed, holding that verdicts of zero dollars were grossl
• Wiles v. DELTA S.S. Lines, Inc.
  574 F.2d 1338· 5th Cir.· 1978-06-15 ·cited 8×
  The court held that subsequent judicial decisions established new standards for determining vessel owner negligence under the LHWCA, requiring a re-evaluation of the case.
• Rosen v. LTV Recreational Dev., Inc.
  569 F.2d 1117· 10th Cir.· 1978-01-23 ·cited 8×
  The court held that the ski area's negligence was not a remote cause, assumption of risk is subsumed by comparative negligence, the season pass stipulation did not waive liability for the ski area's negligence, and the jury's award was not excessive.
• Sweeney v. Lorene Wiggins & Allstate Ins. Co.
  350 So. 2d 536· Fla. 3d DCA· 1977-10-04 ·cited 8×
  The court held that a jury's verdict, supported by competent substantial evidence, will not be overturned due to alleged inadequacy of damages, and an unannounced, improper verdict is a nullity.
• MacKey v. Reserve Ins. Co. & Rosann Wheeler
  349 So. 2d 830· Fla. 1st DCA· 1977-09-14 ·cited 8×
  In this personal injury case, Debra Mackey and her father appealed a judgment awarding them $2,500 each (reduced by 50% due to comparative negligence) against an insured driver. The appellate court affirmed the judgment, finding that while the trial court erred in excluding evide
• Weissman v. State Farm Mut. Auto. Ins. Co.
  349 So. 2d 749· Fla. 3d DCA· 1977-08-30 ·cited 8×
  Robert Weissman sued for personal injuries and the jury found he assumed the risk, which at trial was a complete bar to recovery under Dorta v. Blackburn. Before appeal, the Florida Supreme Court overruled Dorta and merged assumption of risk into comparative negligence. The court
• Merlin Bjerk v. Universal Eng'g Corp.
  552 F.2d 1314· 8th Cir.· 1977-04-14 ·cited 8×
  The court held that the manufacturer's negligence claim was not barred as a matter of law and denied a motion for dismissal, but remanded for modification of the judgment regarding employer contribution based on recent state law.
• Metro. Dade Cnty. Transit Auth. & Robert Hamlett v. Espinosa
  344 So. 2d 1290· Fla. 3d DCA· 1977-04-12 ·cited 8×
• McKAY v. Motley
  343 So. 2d 668· Fla. 2d DCA· 1977-03-11 ·cited 8×
  The court held that summary judgment on liability was inappropriate because genuine issues of material fact remained regarding negligence.
• Redwing Carriers, Inc. v. Watson
  341 So. 2d 1049· Fla. 4th DCA· 1977-01-28 ·cited 8×
  In this consolidated appeal arising from a head-on collision between trucks, the court affirmed a jury verdict holding Redwing Carriers 35% at fault and assessed damages to the Watsons, but reversed the trial court's grant of a set-off that would have reduced Redwing's liability
• Schlein v. Fla. E. Coast Ry. Co.
  339 So. 2d 1142· Fla. 3d DCA· 1976-12-01 ·cited 8×
  The Schleins appealed a judgment awarding them $6,250 for injuries sustained in a collision between Beatrice Schlein's car and a railroad train. The trial court reduced a jury verdict of $25,000 by 75% based on comparative negligence findings, but the appellate court found the ju
• Rader v. Variety Child's. Hosp. & the Cont'l Ins. Co.
  323 So. 2d 564· Fla.· 1975-11-26 ·cited 8×
  The Florida Supreme Court vacated and remanded a District Court of Appeal decision that had upheld dismissal of a contribution claim between joint tortfeasors, because the Florida Legislature had enacted the Uniform Contribution Among Joint Tortfeasors Act during the pendency of
• Weedman v. Sunland Roller Rink, Inc.
  323 So. 2d 688· Fla. 3d DCA· 1975-11-12 ·cited 8×
  The defense of assumption of risk should have been submitted to the jury, as it presented a question of fact rather than a matter of law.
• Arnold v. AETNA Eng'g Co.
  514 F.2d 1147· 1st Cir.· 1975-04-24 ·cited 8×
  The court held that the trial court erred in directing a verdict as a matter of law that the defendant driver was negligent and the plaintiff driver was not.
• Jac O. Ullman, Jr. v. Overnite Transp. Co.
  508 F.2d 676· 5th Cir.· 1975-02-21 ·cited 8×
  The court held that the trial court erred by refusing to instruct the jury on contributory and comparative negligence.
• West v. Food Fair Stores, Inc.
  305 So. 2d 280· Fla. 3d DCA· 1974-12-31 ·cited 8×
  Margaret West appealed a jury verdict in her favor in a slip-and-fall case, arguing the verdict was inadequate and she was prejudiced by the trial court's denial of a motion to compel production of witness statements. The appellate court affirmed, finding the verdict adequate und
• McCLAIN v. Seaboard Coast Line R.R. Co.
  473 F.2d 357· 5th Cir.· 1973-02-08 ·cited 8×
  The court held that there was sufficient evidence for a jury to find the railroad liable, and thus the granting of judgment notwithstanding the verdict was improper.
• Antoine Hubert Provancial v. United States
  463 F.2d 760· 8th Cir.· 1972-07-21 ·cited 8×
  The court held that the trial court's finding of no causal connection between the officers' actions and the plaintiff's blindness was supported by the evidence, but remanded for a determination of the claim for pain and suffering.
• Graves v. Wiggins
  257 So. 2d 268· Fla. 3d DCA· 1972-01-25 ·cited 8×
  The court affirmed the judgment, finding sufficient evidence to support the jury's verdict on the issues of appellant's knowledge and proximate cause.
• Rivers v. Angf. A/B Tirfing
  450 F.2d 12· 5th Cir.· 1971-10-25 ·cited 8×
  The court held that the plaintiff waived his right to object to jury instructions by failing to object at trial, and that there was substantial evidence to support the jury's verdict.
• Parker v. The Long Island Rail Rd. Co.
  425 F.2d 1013· 2d Cir.· 1970-02-17 ·cited 8×
  The court held that the jury could reasonably find that the employee's travel home was within the course of employment under the FELA.
• Arico v. CIE. DE Navegacion Transoceanique & Black Diamond S.S. Co.
  409 F.2d 1002· 2d Cir.· 1969-04-10 ·cited 8×
  The court held that the trial court did not abuse its discretion in awarding attorney's fees and disbursements, nor in refusing certain expenses, and affirmed the dismissal of the stevedore's counterclaim.
• Bilbrey v. Weed
  215 So. 2d 479· Fla.· 1968-07-24 ·cited 8×
  The Florida Supreme Court reversed a District Court of Appeal decision that had applied comparative negligence to a wrongful death action. The Court held that under Moragne v. State Marine Lines, Inc., defendants cannot selectively apply maritime negligence rules while rejecting
• Wasily Dazenko v. James Hunter Mach. Co.
  393 F.2d 287· 7th Cir.· 1968-04-08 ·cited 8×
  The court held that a new trial on liability is required because the jury was not properly instructed on contributory negligence, but the damages award stands.
• Union Pac. R.R. Co. v. Jarrett
  381 F.2d 597· 9th Cir.· 1967-08-08 ·cited 8×
  The court held that there was sufficient evidence for the jury to find that the railroad's negligence was a contributing proximate cause of the accident, and that the trial court did not abuse its discretion in denying motions for a directed verdict, judgment notwithstanding the