Comparative Negligence

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

• Allen Williams b/n/f Louise J. Smyre v. United States
  379 F.2d 719· 5th Cir.· 1967-06-29 ·cited 8×
  The court held that a 13-year-old boy's knowledge of ordinary firecrackers was insufficient to establish he knew or should have known of the extraordinary dangers of a military M-80 explosive, thus his negligence did not bar or diminish recovery.
• Schnedl v. Rich
  137 So. 2d 1· Fla. 2d DCA· 1962-01-17 ·cited 8×
  A known agent who receives money paid by mistake is protected from liability if it innocently and in good faith pays the money over to its principal before receiving notice of the payor's mistake.
• Kyles v. James W. Elwell & Co.
  296 F.2d 703· 7th Cir.· 1961-12-08 ·cited 8×
  A longshoreman injured while working aboard a vessel is not a seaman for purposes of the Jones Act, and the Longshoremen's and Harbor Workers' Compensation Act provides the exclusive remedy against his employer.
• S. Ry. Co. v. Haynes
  293 F.2d 291· 5th Cir.· 1961-08-02 ·cited 8×
  The court held that the trial court did not err in denying motions for directed verdicts or in refusing requested jury instructions, as the issue of comparative negligence is a jury question under Georgia law and the court's own instructions were adequate.
• Cain v. Ill. Cent. R.R. Co.
  266 F.2d 942· 5th Cir.· 1959-05-22 ·cited 8×
• S. Ry. Co. v. Mrs. Nora B. Jolley
  267 F.2d 934· 5th Cir.· 1959-05-13 ·cited 8×
• Cenac Towing Co., Inc. v. Richmond
  265 F.2d 466· 5th Cir.· 1959-04-01 ·cited 8×
  The court held that the district court properly divided damages between the Dos Nietas and the tugs, as both vessels were at fault and neither's negligence was wholly sufficient to account for the collision.
• Atl. Coastline R.R. Co. & Louisville & Nashville R.R. Co. v. Smith
  264 F.2d 428· 6th Cir.· 1959-02-27 ·cited 8×
  A railroad company has a statutory duty to maintain safe approaches to highway crossings, and remote contributory negligence does not bar recovery.
• Ortie K. Dudding v. Fla. Keys Elec. Co-Operative Ass'n, Inc.
  105 So. 2d 597· Fla. 3d DCA· 1958-10-09 ·cited 8×
  A commercial fisherman received severe burns and lost his arm after raising an aluminum outrigger that contacted uninsulated high-voltage wires spanning a public waterway. The trial court granted the electric company a directed verdict on negligence grounds, and the appellate cou
• United States Fid. & Guar. Co. v. Drew J. Canale and Helen McAdams Canale
  257 F.2d 138· 6th Cir.· 1958-07-15 ·cited 8×
  The court held that there was sufficient evidence to support the jury's finding that the insurance company acted in bad faith by failing to settle a third-party claim within policy limits, and that the district court did not err in denying the insurer's motion for a directed verd
• PHŒNIX Indem. Co. of NEW York v. Manning L. Girouard
  252 F.2d 146· 5th Cir.· 1958-02-14 ·cited 8×
  The court held that the trial court did not err in refusing to find the plaintiff contributorily negligent as a matter of law, and that the jury's verdict was not against the weight of the evidence.
• Patterson v. Pa. R.R. Co.
  238 F.2d 645· 6th Cir.· 1956-12-05 ·cited 8×
  The court held that the trial judge erred in setting aside jury verdicts and entering judgments notwithstanding the verdicts, as the question of contributory negligence should have been left to the jury.
• Petroleum Carrier Corp. v. Hattie Carter and Bessie Threatt
  233 F.2d 402· 5th Cir.· 1956-05-18 ·cited 8×
  The court held that a covenant not to sue one joint tortfeasor does not release the other, and that issues of negligence and proximate cause are for the jury.
• Maurine Huse v. Consol. Freightways, Inc.
  227 F.2d 425· 7th Cir.· 1955-11-30 ·cited 8×
  The court held that the trial court did not commit prejudicial error in allowing a party substitution, in the jury's award for pecuniary loss, or in certain jury instructions, and affirmed the judgment.
• Mickey v. Tremco Mfg. Co.
  226 F.2d 956· 7th Cir.· 1955-11-03 ·cited 8×
  The court held that the defendant's post-verdict motions were untimely and thus waived, and that challenges to the special verdict form were resolved by prior precedent.
• Atl. Coast Line R. Co. v. Kammerer
  205 F.2d 525· 5th Cir.· 1953-06-30 ·cited 8×
• Metro. Life Ins. Co. v. Talbot
  205 F.2d 529· 5th Cir.· 1953-06-30 ·cited 8×
  The court held that the jury instructions, when read as a whole, adequately explained comparative negligence and present value calculations, and that the jury's verdict was supported by the evidence.
• Patterson v. Pa. R. Co. (United States
  197 F.2d 252· 2d Cir.· 1952-06-03 ·cited 8×
  The court held that the United States was liable for contribution because it was equally negligent with the railroad in supplying a faulty mail bag, leading to the plaintiff's injury.
• Walton v. Sherwin-Williams Co.
  191 F.2d 277· 8th Cir.· 1951-08-15 ·cited 8×
  The court held that the manufacturer of a liquid herbicide was not strictly liable for crop damage, as the product was not inherently dangerous when used with ordinary care, and the jury's findings of fact, including negligence by the users, were supported by substantial evidence
• Ill. Cent. R. Co. v. Bullock
  181 F.2d 851· 5th Cir.· 1950-05-12 ·cited 8×
  The court held that while it had jurisdiction, it should decline to exercise it in its discretion, dismissing the case without prejudice.
• Fla. Power & Light Co. v. Hargrove
  160 Fla. 405· Fla.· 1948-04-27 ·cited 8×
  Florida Power & Light Company appealed a $50,000 negligence judgment awarded to lineman John Hargrove, who suffered severe electrical burns while repairing the company's equipment on an improperly rigged pole. The Florida Supreme Court affirmed the judgment, holding that causatio
• Henwood v. Coburn
  165 F.2d 418· 8th Cir.· 1948-01-15 ·cited 8×
  The court held that the trial court erred in refusing to give a specific jury instruction regarding the defendant's theory that the conductor's negligence in allowing the flagman to return to the caboose was the sole proximate cause of the collision.
• Schwartz v. Eitel
  132 F.2d 760· 7th Cir.· 1943-01-19 ·cited 8×
  The court held that the trial court's exclusion of a plaintiff's statement was not reversible error, and that the damages awarded were excessive, requiring a remittitur or a new trial.
• Jacksonville Elec. Co. v. Dillon
  67 Fla. 114· Fla.· 1914-02-11 ·cited 8×
  The court reversed a personal injury judgment for a passenger injured when his arm was crushed between two passing streetcars. While acknowledging potential negligence in the streetcar company's operation and use of wider cars, the court found error in submitting one count of the
• R.J. Reynolds Tobacco Co. v. Schleider
  273 So. 3d 63· Fla. 3d DCA· 2018-12-26 ·cited 7×
  R.J. Reynolds Tobacco Company appeals a wrongful death judgment in favor of Diane Schleider and her daughter following Andrew Schleider's death from lung cancer and COPD. The Florida District Court of Appeal, Third District affirms the judgment, holding that the closing arguments
• Stewart v. Draleaus
  226 So. 3d 990· Fla. 4th DCA· 2017-07-26 ·cited 7×
  Kevin Stewart appeals a judgment in a personal injury action arising from a motorcycle accident, arguing the trial court erred in excluding three categories of evidence: a witness's prior inconsistent statement about the accident, evidence of the plaintiffs' alcohol consumption,
• City OF Miami v. Kinser
  187 So. 3d 921· Fla. 3d DCA· 2016-03-23 ·cited 7×
  The City of Miami appealed the denial of its motion for a new trial in a premises liability case where the jury assigned 100% fault to the City. The appellate court affirmed, finding that improper statements by plaintiff's counsel during closing arguments, though objectionable, d
• Lenhart v. Basora
  100 So. 3d 1177· Fla. 4th DCA· 2012-10-17 ·cited 7×
  Florida law requires apportionment of comparative fault based on blameworthiness, not solely causation of loss.
• Luscomb v. Liberty Mut. Ins. Co.
  967 So. 2d 379· Fla. 3d DCA· 2007-10-17 ·cited 7×
  Workers' compensation insurer Liberty Mutual sought to recover a lien on settlement proceeds from an injured employee's third-party tort claim, arguing that attorney's fees and costs should be reduced to pay the lien. The court reversed, holding that the lien cannot exceed net se
• Pearce v. Deschesne
  932 So. 2d 640· Fla. 4th DCA· 2006-07-12 ·cited 7×
  A trial judge cannot grant summary judgment on liability based on a plaintiff's comparative fault when the plaintiff's own negligence is at issue, as this determination must be made by the trier of fact.
• Lane Vaughn v. Progressive Cas. Ins. Co.
  907 So. 2d 1248· Fla. 5th DCA· 2005-07-29 ·cited 7×
  Lane Vaughn appeals a jury verdict in his personal injury action after a 19-day trial, arguing that the trial judge's repeated harsh rebukes of his counsel in the jury's presence prejudiced the jury against him, resulting in a $400,000 damage award with 70% comparative negligence
• Van Deese v. McKINNONVILLE Hunting Club, Inc.
  874 So. 2d 1282· Fla. 1st DCA· 2004-06-18 ·cited 7×
  This case involves the death of a twelve-year-old boy who was struck by a vehicle while attempting to catch hunting dogs near a highway during a dog hunt organized by the McKinnon-ville Hunting Club. The appellate court reversed summary judgment for the hunting club, holding that
• Hahn v. Medeiros
  858 So. 2d 1242· Fla. 5th DCA· 2003-11-14 ·cited 7×
  The appellate court affirmed the trial court's order granting a new trial, finding no abuse of discretion.
• Aracelis Amador v. Meche Walker
  862 So. 2d 729· Fla. 5th DCA· 2003-09-09 ·cited 7×
• Gulfstream Park Racing Ass'n, Inc. v. Gold Spur Stable, Inc.
  820 So. 2d 957· Fla. 4th DCA· 2002-05-22 ·cited 7×
  Gulfstream Park Racing Association appealed a summary judgment granted to Dr. John C. Kimmel, a horse trainer, on Gulfstream's third-party claims for contribution and contractual indemnification arising from a thoroughbred's fatal injury during a race. The court reversed, holding
• Helmut Riedel v. Sheraton BAL Harbour Assoc.
  806 So. 2d 530· Fla. 3d DCA· 2001-11-07 ·cited 7×
  Helmut Riedel appeals a verdict favoring the Sheraton Bal Harbour after his wife Doris died from ketoacidosis following medical treatment at the hotel. The court reversed, holding that the Sheraton breached its duty of reasonable care by failing to conduct background checks on th
• Newbern v. Mansbach
  777 So. 2d 1044· Fla. 1st DCA· 2001-01-05 ·cited 7×
  The Newberns purchased a $2 million Destin property without discovering it was located in a Coastal Barrier Resource Area (CBRA), making it ineligible for federal flood insurance. The trial court granted summary judgment against the Newberns' misrepresentation claims against thei
• Sexton v. United States
  132 F. Supp. 2d 967· M.D. Fla.· 2000-12-18 ·cited 7×
  The court held that the discretionary function exception to the FTCA barred claims based on the FAA's alleged negligent understaffing of the air traffic control tower, and that the pilot's own negligence was the sole proximate cause of the collision.
• ST. Paul Fire & Marine Ins. Co. v. Shure
  647 So. 2d 877· Fla. 4th DCA· 1994-11-02 ·cited 7×
  St. Paul Fire and Marine Insurance Company, as subrogee of a urologist, appealed a directed verdict in a contribution action against an obstetrician who had settled with the plaintiff in a medical malpractice case. The court affirmed, holding that the settlement was made in good
• United States Mineral Prods. Co. v. Waters
  610 So. 2d 20· Fla. 3d DCA· 1992-11-24 ·cited 7×
  In this asbestos exposure personal injury case, the court affirmed a jury verdict awarding damages to Thomas Waters for occupational exposure to asbestos products, but remanded to allow the Waters to pursue strict liability claims and punitive damages against Grace that had been
• Warren v. State
  559 So. 2d 387· Fla. 3d DCA· 1990-04-10 ·cited 7×
  Deborah Warren was injured when she swerved off a sidewalk to avoid concrete debris and fell into an adjacent ditch with soft sand. The court reversed summary judgment for the Department of Transportation, holding that the open and obvious nature of the concrete hazard does not b
• Anderson v. Whittaker Corp.
  894 F.2d 804· 6th Cir.· 1990-01-18 ·cited 7×
  Prejudgment interest is available in general maritime wrongful death actions absent peculiar circumstances, and mutual fault does not constitute such a circumstance. Non-dependent parents cannot recover for loss of society.
• Carlissa Churchill v. The F/V Fjord
  892 F.2d 763· 9th Cir.· 1989-12-18 ·cited 7×
  The court held that the F/V Fjord is not liable in rem because the operator of its skiff was not in lawful possession, and William McLinn is not liable under the Alaska Owner Responsibility Statute as his consent for his son's use of the skiff was not given. The court also affirm
• Marino v. Otis Eng'g Corp.
  839 F.2d 1404· 10th Cir.· 1988-02-23 ·cited 7×
  The court should reverse the judgment and remand for a new trial due to the cumulative effect of two evidentiary errors at trial.
• Dearing v. Reese
  519 So. 2d 761· Fla. 1st DCA· 1988-02-10 ·cited 7×
  Daniel Dearing sued his employer Stuart Reese for negligence after suffering a herniated disc while moving a dishwasher at a renovation job. The trial court directed a verdict for Reese, but the appellate court reversed, holding that the evidence raised a jury question on whether
• Davis v. United States
  824 F.2d 549· 7th Cir.· 1987-07-06 ·cited 7×
  The court held that FAA officials did not breach their duty of care to the pilot by providing an allegedly inadequate weather briefing, and that the pilot's own negligence was a contributing factor to the crash.
• Kennon v. Slipstreamer, Inc.
  794 F.2d 1067· 5th Cir.· 1986-07-23 ·cited 7×
  The court held that the district court's mention of settlement amounts to the jury was improper under Federal Rule of Evidence 408, as it was offered to prove the amount of the claim.
• Ainsworth v. Intercontinental Hotels Corp.
  467 So. 2d 386· Fla. 3d DCA· 1985-03-26 ·cited 7×
  A guest injured by a defective threshold in a Tokyo hotel operated by Intercontinental Hotels sought damages for negligence. The trial court, relying on Schoen v. Gilbert, granted defendant's reserved motion for directed verdict after a jury verdict for plaintiff. The appellate c
• Willey v. Minn. Mining & Mfg. Co.
  755 F.2d 315· 3d Cir.· 1985-02-20 ·cited 7×
  The court held that the jury's verdict for the injured employee was sustainable and that the contractual indemnity clauses were enforceable, requiring the general contractor and subcontractor to indemnify the owner.
• Devco Premium Fin. Co. v. N. River Ins. Co.
  450 So. 2d 1216· Fla. 1st DCA· 1984-05-18 ·cited 7×
  In this accountant malpractice case, the court held that an accounting firm may assert the comparative negligence defense against a client, rejecting the view that only auditor negligence causally contributing to the auditor's failure bars the defense. The court apportioned fault