Comparative Negligence

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

• Am. States Ins. Co. v. Rozier
  450 So. 2d 547· Fla. 4th DCA· 1984-04-25 ·cited 7×
  The court held that an employee is not required to present expert witnesses to demonstrate they did not recover the full value of their damages under Section 440.39(3)(a), Florida Statutes.
• M & O Marine, Inc. v. Marquette Co.
  730 F.2d 133· 3d Cir.· 1984-03-22 ·cited 7×
  The court held that an indemnitee seeking indemnification must generally prove actual liability, and the potential liability exception does not apply if the indemnitor was not given the opportunity to approve the settlement or take over the defense. The court also affirmed the di
• Ison v. Roof
  698 F.2d 294· 6th Cir.· 1983-01-28 ·cited 7×
  The court held that admiralty jurisdiction applied, the owners of a sunken barge were liable for failing to mark it, and the insurance policy covered the resulting judgment because the barge was not a 'watercraft' under the exclusion or was 'ashore'.
• Fed. Express Corp. v. State OF R.I.
  664 F.2d 830· 1st Cir.· 1981-09-28 ·cited 7×
  The court affirmed the district court's determination that neither the United States nor the State of Rhode Island was liable for the aircraft collision, finding the pilot's negligence to be the sole proximate cause.
• Power v. Union Pac. R.R. Co.
  655 F.2d 1380· 9th Cir.· 1981-09-17 ·cited 7×
  The court held that the district court misapplied Washington law regarding the standard of care owed to a trespasser and the applicability of the Recreational Use Statute, and that the damages awarded for loss of companionship were excessive.
• Ellis v. McCASKILL
  382 So. 2d 808· Fla. 2d DCA· 1980-04-11 ·cited 7×
  Sarah Ellis appealed a summary judgment dismissing her negligence action against homeowners Charles and Lynne McCaskill and their insurer. Ellis was injured when she fell over a six to eight-inch step-down in the defendants' garage that she had not been warned about. The court re
• Bilams v. Metro. Transit Auth.
  371 So. 2d 693· Fla. 3d DCA· 1979-06-05 ·cited 7×
  A 11-year-old boy was struck and killed by a Metro bus while crossing the street. The trial court directed a verdict for the bus operator, but the appellate court reversed, holding that a jury question existed regarding the bus driver's negligence given that he saw the children,
• Proctor & Gamble Distrib. Co. v. McGLAMERY
  341 So. 2d 521· Fla. 3d DCA· 1976-06-08 ·cited 7×
  In this negligence action arising from a motor vehicle accident, the appellate court affirmed a summary judgment on liability against the defendant driver, who turned left across multiple lanes of traffic on a divided highway without adequately checking for oncoming traffic in th
• Mrs. Annie Laurie Rewis v. United States
  503 F.2d 1202· 5th Cir.· 1974-11-18 ·cited 7×
  The court held that the government's expert opinions were inadmissible because they were based on unproven assumptions, and the plaintiff's expert testimony established a prima facie case of causation.
• Atl. Coast Line R.R. Co. v. Hendrickson
  190 So. 2d 178· Fla. 2d DCA· 1966-08-31 ·cited 7×
  Atlantic Coast Line Railroad appeals a jury verdict of $137,000 in a wrongful death action arising from a motor vehicle-train collision. The railroad claims errors in admitting expert testimony, evidence of prior signal failures, jury selection, improper closing argument, and jur
• Brooks B. Ellwood v. Etta Peters
  182 So. 2d 281· Fla. 1st DCA· 1966-01-27 ·cited 7×
  The trial court properly refused to instruct the jury on the sudden emergency doctrine in a vehicular negligence case where substantial evidence showed the defendant driver's negligent conduct (excessive speed, failure to reduce speed despite impaired visibility) before the emerg
• Butler v. Barr
  114 So. 2d 700· Fla. 3d DCA· 1959-09-21 ·cited 7×
  The appellate court reversed a jury verdict for the plaintiff in a death action, holding that the trial court should have directed a verdict for the railroad due to insufficient evidence of liability.
• Louisville & Nashville R.R. Co. v. Willis
  58 Fla. 307· Fla.· 1909-06-01 ·cited 7×
  Dr. J. H. Willis sued the Louisville & Nashville Railroad Company for injuries sustained when a train's violent lurch caused a toilet door to slam shut on his thumb while he was a passenger in a Pullman car. The Florida Supreme Court affirmed the jury verdict awarding Willis $608
• Reina I. Echevarria and Jorge Echevarria v. Lennar Homes, LLC
  306 So. 3d 327· Fla. 3d DCA· 2020-07-01 ·cited 6×
  This case involves a premises liability action where a woman fell and was injured exiting a model home. The appellate court reversed the trial court's summary judgment, finding a material issue of fact regarding whether the home builder created a hidden danger through an uncommon
• Trugreen Landcare, LLC v. Lacapra
  254 So. 3d 628· Fla. 5th DCA· 2018-08-31 ·cited 6×
  TruGreen Landcare appealed a negligence judgment after a jury found it 50% liable for injuries LaCapra sustained while walking through a palm tree planter square in front of a shopping center. The Florida District Court of Appeal, Fifth District, reversed, holding that palm tree
• Gelsomino v. ACE Am. Ins. Co. & Brown & Brown, Inc.
  207 So. 3d 288· Fla. 4th DCA· 2016-11-09 ·cited 6×
  An insurance broker can be held liable for damages resulting from a negligent failure to procure insurance, and the measure of damages is what would have been covered had the insurance been properly obtained.
• Allstate Ins. Co. v. Basil Theodotou, M.D.
  171 So. 3d 163· Fla. 5th DCA· 2015-07-24 ·cited 6×
  Allstate Insurance Company and Emily Boozer appealed a trial court's dismissal of their equitable subrogation claims against medical providers whose alleged negligence aggravated injuries from an initial traffic accident. The Fifth District Court of Appeal reversed, holding that
• Bank OF Am. Corp. v. Valladares
  141 So. 3d 714· Fla. 3d DCA· 2014-07-02 ·cited 6×
  Bank of America appealed a jury verdict finding it liable for negligence when it mistakenly reported a customer as a bank robber, resulting in the customer's injuries during police response. The court reversed, holding that Florida law provides a qualified privilege protecting th
• Diaz v. Fedex Freight E., Inc.
  114 So. 3d 224· Fla. 5th DCA· 2012-12-14 ·cited 6×
  In a wrongful death action arising from a motorcycle-tractor trailer collision, the appellate court reversed and remanded because the trial court erred in denying a mistrial when the investigating detective improperly testified that he found "no fault" on the part of the truck dr
• GEICO Gen. Ins. Co. v. Bottini
  93 So. 3d 476· Fla. 2d DCA· 2012-07-20 ·cited 6×
• Abbott v. Dorleans
  41 So. 3d 984· Fla. 4th DCA· 2010-08-04 ·cited 6×
  Abbott and Westway Towing appealed a jury verdict finding them liable for injuries sustained in an automobile accident where their tow truck, partially blocking a travel lane, was struck by Dorleans' vehicle. The Fourth District affirmed the jury's verdict apportioning comparativ
• Cevallos v. Keri Ann Rideout and Linda Rideout
  18 So. 3d 661· Fla. 4th DCA· 2009-09-09 ·cited 6×
  A rear-end collision case where the trial court directed a verdict for the lead-driver defendant based on the rebuttable presumption of rear-driver negligence. The appellate court affirmed, holding that a rear-driver plaintiff must provide material evidence that the lead driver s
• Willis v. Gami Golden Glades, LLC.
  967 So. 2d 846· Fla.· 2007-10-18 ·cited 6×
  The Florida Supreme Court held that a hotel guest's claim for emotional distress arising from an armed robbery and sexual assault satisfied the state's impact rule, allowing recovery despite the plaintiff's lack of other physical injuries. The court clarified that physical contac
• Connell v. Riggins
  944 So. 2d 1174· Fla. 1st DCA· 2006-12-15 ·cited 6×
  In this vehicular accident case, the Florida appellate court reversed a judgment against defendant Connell, finding three reversible errors: (1) improper application of Florida comparative negligence law instead of Georgia law; (2) jury instruction based on hearsay driver's manua
• Corona v. Costa Crociere S.P.A.
  844 So. 2d 652· Fla. 3d DCA· 2003-02-19 ·cited 6×
  Passengers on a cruise ship sued for negligence after the wife, who uses a cane, fell when a bathroom door handle came loose in their cabin. The trial court granted summary judgment for the cruise line, but the appellate court reversed, finding disputed material facts remain rega
• Selvin v. DMC Regency Residence, Ltd.
  807 So. 2d 676· Fla. 4th DCA· 2001-12-19 ·cited 6×
  A 93-year-old resident of an assisted-living facility drowned in a canal adjacent to the facility's property. The trial court excluded evidence regarding the feasibility of fencing the canal and granted a directed verdict for the defendant facility. The appellate court reversed,
• Galgano v. Buchanan
  783 So. 2d 302· Fla. 4th DCA· 2001-03-28 ·cited 6×
  The Fourth District Court of Appeal reversed and remanded a negligence judgment against Galgano for injuries sustained in a motorcycle accident, holding that the trial court erred in admitting evidence that Galgano received a traffic citation and pled guilty by mail payment. The
• Wallace v. Nat'l Fisheries, Inc.
  768 So. 2d 17· Fla. 3d DCA· 2000-07-26 ·cited 6×
  Summary judgment for the defendants is reversed because genuine issues of material fact exist regarding the driver's negligence and the applicability of the sudden emergency doctrine.
• Polk Cnty. v. Sofka
  730 So. 2d 389· Fla. 2d DCA· 1999-04-09 ·cited 6×
  The Florida District Court of Appeal reversed a stipulated final judgment, finding the trial court lacked authority to vacate a prior order granting a new trial. The court determined the settlement agreement's terms, which allowed for voiding the judgment if an appeal was dismiss
• Brooks v. Rios
  707 So. 2d 374· Fla. 3d DCA· 1998-02-18 ·cited 6×
  The appellate court affirmed a trial court's denial of a motion for remittitur of punitive damages, finding the award was not excessive given the evidence presented regarding the defendant's financial status.
• Vest v. Travelers Ins. Co.
  710 So. 2d 982· Fla. 1st DCA· 1998-01-21 ·cited 6×
  An action for bad faith damages against an insurer requires a prior determination of the extent of the insured's damages resulting from the tortfeasor's negligence.
• Bucci v. Auto Builders S. Fla., Inc.
  690 So. 2d 1387· Fla. 4th DCA· 1997-04-09 ·cited 6×
  The court held that a jury verdict awarding medical expenses but no damages for pain and suffering or lost wages is inadequate as a matter of law, and that the issue of inadequate verdict is preserved for appeal even without a contemporaneous objection.
• Fla. Power & Light Co. v. Polackwich
  677 So. 2d 880· Fla. 2d DCA· 1996-06-05 ·cited 6×
  The court held that changes in federal law regarding damages and settlement setoffs require a new trial on those issues, while affirming the finding of liability and comparative negligence.
• Standard Fish Co., Ltd. v. 7337 Douglas Enters., Inc.
  673 So. 2d 503· Fla. 3d DCA· 1996-04-17 ·cited 6×
  Standard Fish Company appealed summary judgment in its negligence action against Douglas Enterprises, which owned a warehouse where Standard's fish spoiled in cold storage. The court affirmed, applying the economic loss rule to bar tort recovery where only economic damages were a
• Wiggins v. Braman Cadillac, Inc.
  669 So. 2d 332· Fla. 3d DCA· 1996-03-13 ·cited 6×
  The trial court improperly calculated the final judgment against a non-settling defendant by misapplying set-off provisions for medical payments and underinsured motorist benefits.
• STANDARD JURY INSTRUCTIONS-CIVIL CASES-NOS. 95-1 & 95-2
  658 So. 2d 97· Fla.· 1995-07-20 ·cited 6×
  The Florida Supreme Court approved new standard jury instructions and verdict forms for civil cases involving emergency medical treatment under the Good Samaritan Act (section 768.13(2)(b)) and comparative fault apportionment under section 768.81, implementing legislative amendme
• Kmart Corp. v. Dwyer
  656 So. 2d 1340· Fla. 5th DCA· 1995-06-16 ·cited 6×
  The court should have allowed the jury to determine Kmart's liability for the plaintiff's injuries, as there was sufficient evidence of actual or constructive notice of wet floors.
• E.I. DU Pont de Nemours & Co. v. Finks Farms, Inc.
  656 So. 2d 171· Fla. 2d DCA· 1995-04-07 ·cited 6×
  In this products liability case, the appellants (E.I. Du Pont de Nemours & Company and fungicide distributors) challenged a jury verdict awarding damages to Finks Farms for crop damage allegedly caused by Benlate fungicide contaminated with Atrazine herbicide. The court affirmed
• Zalkin v. Am. Learning Sys., Inc.
  639 So. 2d 1020· Fla. 3d DCA· 1994-07-05 ·cited 6×
  A high school football player injured during a game sued his school for negligent supervision after being allowed to play while already injured. The appellate court reversed the trial court's judgment, holding that express assumption of risk does not bar negligent supervision cla
• Sheen v. Jenkins
  629 So. 2d 1033· Fla. 4th DCA· 1993-12-29 ·cited 6×
  A financial advisor was sued by his client for fraud, negligence, and breach of fiduciary duty arising from a failed tax shelter investment. The appellate court affirmed the statute of limitations finding and fiduciary duty verdict, but reversed on the fraud claim due to an erron
• Yanez v. United States
  989 F.2d 323· 9th Cir.· 1993-03-29 ·cited 6×
  The court held that the district court erred in applying judicial estoppel and that the good faith settlement determination for the third-party complaint required further factual findings by the trial court.
• Toney v. Kawasaki Heavy Indus., Ltd.
  975 F.2d 162· 5th Cir.· 1992-10-07 ·cited 6×
  Under Mississippi law, a product with an open and obvious danger is not unreasonably dangerous, barring strict liability claims, and also bars negligence and breach of warranty claims.
• Cuadros v. Carnival Cruise Lines, Inc.
  604 So. 2d 861· Fla. 3d DCA· 1992-07-28 ·cited 6×
  A seaman employed on a cruise ship sued for negligence arising from two shipboard accidents and unlawful wage deductions. The trial jury found the cruise line negligent in the first accident but awarded no damages, and found the seaman 82.5% negligent in the second accident despi
• Cliffs-Neddrill Turnkey International-Oranjestad v. M/T Rich Duke
  947 F.2d 83· 3d Cir.· 1991-10-17 ·cited 6×
  The court held that a stationary vessel can be found partially at fault under comparative negligence principles in admiralty law, even if the moving vessel observed it in advance, if the stationary vessel violated statutory navigation rules.
• Ludis J. Cooper v. The Firestone Tire & Rubber Co.
  945 F.2d 1103· 9th Cir.· 1991-09-26 ·cited 6×
  The court held that evidence of dissimilar accidents is admissible for impeachment of expert witnesses, and that the exclusion of OSHA regulations was harmless error.
• Volk v. Gallopo
  585 So. 2d 1163· Fla. 4th DCA· 1991-09-18 ·cited 6×
  Ron Volk appeals a trial court order postponing an equitable distribution hearing for his workers' compensation carrier's lien pending resolution of his uninsured/underinsured motorist claim. The court held that uninsured motorist recovery proceeds cannot be included in the equit
• Quezada v. The Cnty. OF Bernalillo
  944 F.2d 710· 10th Cir.· 1991-09-09 ·cited 6×
  The court held that the district court's factual findings on the § 1983 claim were clearly erroneous because they did not assess the evidence for objective reasonableness under the Graham standard, requiring remand. The court also addressed state law claims against the Sheriff an
• Pagan v. Shoney's, Inc.
  931 F.2d 334· 5th Cir.· 1991-05-16 ·cited 6×
  The court held that an inconsistent verdict awarding special damages but no general damages requires a new trial solely on the issue of damages, and that the jury's finding of comparative negligence was supported by sufficient evidence.
• Owens v. Dep't OF Hwy. Safety & Motor Vehicles
  572 So. 2d 953· Fla. 5th DCA· 1990-12-13 ·cited 6×
  The court held that a directed verdict was improper because there was evidence from which a jury could find the trooper negligent, and sovereign immunity does not bar the suit.
• McMURRAY v. United States
  918 F.2d 834· 9th Cir.· 1990-11-09 ·cited 6×
  The dissent argues the Nevada Supreme Court has not modified the definition of wilful conduct, despite the majority's conclusion.