Comparative Negligence

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

• Cement Division v. City OF Milwaukee
  915 F.2d 1154· 7th Cir.· 1990-10-16 ·cited 6×
  The court held that it lacked jurisdiction to review the attorney disqualification order but reversed the district court's allocation of fault, finding the owner two-thirds responsible and the city one-third responsible.
• Smith v. Holy Temple Church OF GOD IN Christ, Inc.
  566 So. 2d 864· Fla. 1st DCA· 1990-09-05 ·cited 6×
  Irma Smith was injured in a car accident and obtained a $300,000 verdict, but the jury reduced damages by 80% based on her failure to wear a seat belt. The court reversed, holding that the trial court erred in instructing the jury on the seat belt defense because the defendant fa
• LEE v. S. Bell Tel. & Tel. Co.
  561 So. 2d 373· Fla. 1st DCA· 1990-05-07 ·cited 6×
  The Florida appellate court reversed a directed verdict and new trial order granted by the trial judge in a personal injury case where a jury found Southern Bell negligent for allowing traffic to pass over a guy wire during installation, resulting in injury to Cecil Lee. The cour
• Fed. Deposit Ins. v. Cherry
  742 F. Supp. 612· M.D. Fla.· 1990-04-18 ·cited 6×
  The court held that the FDIC, acting as an assignee, is subject to the same defenses, including comparative negligence and statute of limitations, as the assignor would be, and that FIRREA's statute of limitations does not apply retroactively to pending litigation.
• Davis v. Commercial Union Ins. Co.
  892 F.2d 378· 5th Cir.· 1990-01-02 ·cited 6×
  The court held that an employer's fault should not be considered in apportioning liability in a third-party tort action, and that the employer's allocated fault must be reapportioned among the remaining responsible parties.
• Cleveland v. Piper Aircraft Corp.
  890 F.2d 1540· 10th Cir.· 1989-11-15 ·cited 6×
  The court held that New Mexico law requires comparison of negligence between initial collision tortfeasors and crashworthiness tortfeasors, vacating the judgment and remanding for a new trial.
• Ganley v. United States
  878 F.2d 1351· 11th Cir.· 1989-08-03 ·cited 6×
  The court held that Florida's motor vehicle collateral source rule requires collateral benefits to be offset only against the specific category of damages they were intended to cover, not the total verdict.
• Denis Lather v. Beadle Cnty.
  879 F.2d 365· 8th Cir.· 1989-07-13 ·cited 6×
  The court held that the discretionary function exception to the FTCA does not apply when the alleged negligence involves professional medical judgment rather than policy decisions, and that pendent party jurisdiction is not permitted under the FTCA.
• Pernell Barker v. Vonnie Rene Anderson
  546 So. 2d 449· Fla. 1st DCA· 1989-07-13 ·cited 6×
  Pernell Barker, driver of a rented van, appeals a jury verdict finding him 70% comparatively negligent for injuries sustained by his passenger when struck by a Wal-Mart truck at a Georgia intersection. The Florida appellate court affirmed the trial court's application of Georgia
• State Farm Mut. Auto. Ins. Co. v. Letha Clark and Martha Mosby
  544 So. 2d 1141· Fla. 4th DCA· 1989-06-14 ·cited 6×
  State Farm appeals the trial court's order striking its liability defenses in an uninsured motorist coverage dispute. The court holds that a default judgment against the uninsured motorist does not preclude State Farm from defending on liability issues in a single suit, and that
• Pomer v. Schoolman
  875 F.2d 1262· 7th Cir.· 1989-05-12 ·cited 6×
  The court held that the employer was properly dismissed from the case based on the fellow-servant rule, and there was no evidence of negligence by the employee or defective design by the manufacturer. The court also affirmed the denial of the plaintiffs' motion to amend their com
• Torres-Troche v. Municipality OF Yauco
  873 F.2d 499· 1st Cir.· 1989-05-09 ·cited 6×
  The court affirmed the trial court's denial of a new trial and its correction of the judgment to reflect a pre-trial settlement, holding that the jury's verdict was supported by evidence and that the settlement should offset the judgment.
• Molinari v. Fla. Key Elec. Coop. Ass'n, Inc.
  545 So. 2d 322· Fla. 3d DCA· 1989-05-09 ·cited 6×
  The court held that res judicata barred the second lawsuit, but reversed the award of attorney's fees due to lack of basis.
• Coopers & Lybrand v. Trs. of the Archdiocese of Miami/Diocese of ST. Petersburg Health & Welf. Plan
  536 So. 2d 278· Fla. 3d DCA· 1988-12-06 ·cited 6×
  Coopers & Lybrand appealed a judgment finding it negligent in failing to discover that an administrator had diverted stop-loss insurance premiums and that coverage had lapsed. The court reversed in part and affirmed in part, holding that Coopers could be held liable for the diver
• Belcher v. James
  535 So. 2d 299· Fla. 5th DCA· 1988-11-03 ·cited 6×
• Shumake v. Fla. E. Coast Ry. Co.
  534 So. 2d 1178· Fla. 4th DCA· 1988-11-02 ·cited 6×
  Craig Shumake appealed from judgment on the pleadings entered against him in his negligence action arising from injuries sustained while climbing between railroad cars. The court reversed, holding that a trespasser's status does not bar recovery when the defendant had knowledge o
• Booth v. Abbey Rd. Beef & Booze, Inc.
  532 So. 2d 1288· Fla. 4th DCA· 1988-10-12 ·cited 6×
  The court held that the union lacked standing to assert claims on behalf of homeless persons and that claims asserted on behalf of Amtrak policemen were either premature, speculative, or within the exclusive jurisdiction of the National Railroad Adjustment Board.
• Shuder v. McDONALD'S Corp.
  859 F.2d 266· 3d Cir.· 1988-10-04 ·cited 6×
  The court held that Virginia law should apply to the liability issues, and under Virginia's contributory negligence doctrine, the plaintiff's recovery is barred. Therefore, the district court erred in denying the motion for judgment notwithstanding the verdict.
• State Farm Fire & Cas. Co. v. Johnson
  547 So. 2d 940· Fla. 1st DCA· 1988-10-04 ·cited 6×
  This is a dissenting opinion arguing for clarification and remand to allow parties to present further evidence on the precise agreement between a client and his attorneys regarding attorney fees, in light of a prior ruling on the retroactivity of a legal precedent.
• Frensley v. Nat'l Fire Ins. Co. of Hartford
  856 F.2d 1199· 8th Cir.· 1988-09-19 ·cited 6×
  The court held that exculpatory clauses in fair entry forms and booklets were valid and enforceable under Arkansas law, and that any errors in admitting or excluding evidence were harmless.
• Coulter v. Am. Bakeries Co.
  530 So. 2d 1009· Fla. 1st DCA· 1988-08-30 ·cited 6×
  In this products liability case, a consumer suffered injury after consuming a doughnut containing a metal wire manufactured by American Bakeries. The trial court allowed the defendant to assert a comparative negligence defense and instructed the jury accordingly, resulting in a 8
• Szumigala v. Nationwide Mut. Ins. Co.
  853 F.2d 274· 5th Cir.· 1988-07-26 ·cited 6×
  The court held that the 'limits of liability' clause in the multi-vehicle policy precluded stacking of medical payment coverages, but that the insurer's delay in paying medical benefits under a separate policy raised a jury issue of bad faith.
• Duford v. Sears
  833 F.2d 407· 1st Cir.· 1987-11-25 ·cited 6×
  The court held that a directed verdict was improperly granted on claims of strict liability and breach of implied warranty of merchantability, as there was sufficient evidence for a jury to find the product's warnings inadequate or its design defective. The court affirmed the dir
• Perez v. The United States
  830 F.2d 54· 5th Cir.· 1987-10-21 ·cited 6×
  The court held that the district court did not err in imputing the husband's negligence to his wife or in its factual findings regarding damages, but erred in failing to award post-judgment interest against the Postal Service.
• Norwest Cap. Mgmt. & Tr. Co. v. United States
  828 F.2d 1330· 8th Cir.· 1987-09-18 ·cited 6×
  The court held that the district court's finding that Kasen was not negligent was clearly erroneous, and that both Shields and Kasen were grossly negligent. The court also found that the district court's findings on proximate cause were mistaken and lacked evidentiary support.
• Noelia Rodriquez v. The United States
  823 F.2d 735· 3d Cir.· 1987-07-08 ·cited 6×
  The court held that the district court's finding that the pilots of aircraft 98V were not negligent was clearly erroneous, and that their negligence contributed to the collision. The court also affirmed the district court's finding that the pilot of aircraft 21U was not a proxima
• Carnival Cruise Lines, Inc. v. Rodriguez
  505 So. 2d 550· Fla. 3d DCA· 1987-04-07 ·cited 6×
  The court held that maritime law applies to this case, establishing a standard of reasonable care under the circumstances for ship owners towards passengers, and that the trial court did not abuse its discretion in admitting expert testimony on a friction test.
• In re White Cloud Charter Boat Co. v. White Cloud Charter Boat Co., Inc.
  813 F.2d 1513· 9th Cir.· 1987-04-06 ·cited 6×
  An appeal from an interlocutory decree in an admiralty proceeding is timely if filed within 30 days of the decree, as Federal Rule of Appellate Procedure 4(a)(1) supplants the prior 15-day statutory limit. The trial court's findings that the defendant's negligence was the sole pr
• Hull v. Chevron U.S.A., Inc.
  812 F.2d 584· 10th Cir.· 1987-02-18 ·cited 6×
  The court held that the trial court did not err in excluding evidence of subsequent remedial measures, denying a mistrial based on a change in legal theory, or instructing the jury on the duty of care owed to an independent contractor's employee, and that sufficient evidence supp
• Hilton Vincent Pipkin and Sears v. Hamer
  501 So. 2d 1365· Fla. 4th DCA· 1987-01-28 ·cited 6×
  In this personal injury appeal arising from a 1982 automobile collision, the court affirmed a jury verdict of $350,000 for the plaintiff, holding that the trial court properly excluded the defendant's expert witnesses for failure to comply with a comprehensive pretrial discovery
• Dicie Ellen Hibley Swayze v. McNEIL Labs., Inc.
  807 F.2d 464· 5th Cir.· 1987-01-09 ·cited 6×
  A drug manufacturer's duty to warn for a prescription drug generally extends only to medical practitioners, not consumers, even if supervision is lacking, unless the physician is absent.
• Goodell v. Nemeth
  501 So. 2d 36· Fla. 2d DCA· 1986-12-30 ·cited 6×
  The court affirmed dismissal of a negligence complaint brought by an adult plaintiff who shot himself with the defendant's loaded handgun while voluntarily intoxicated at the defendant's home. The court held that the plaintiff could not recover for injuries caused by his own volu
• Shultz v. Bernard Rice, M.D.
  809 F.2d 643· 10th Cir.· 1986-12-19 ·cited 6×
  The court affirmed the jury verdict and denial of a new trial, finding no reversible errors in the district court's evidentiary rulings or jury instructions.
• Helene Smollett and Leonard Smollett v. Skayting Dev. Corp.
  793 F.2d 547· 3d Cir.· 1986-06-20 ·cited 6×
  The court held that the denial of the skating rink's motion for judgment notwithstanding the verdict was error because there was insufficient evidence to find that the plaintiff had not assumed the risk of injury.
• Clements v. J.R. (Bob) Steele, Jr.
  786 F.2d 673· 5th Cir.· 1986-04-07 ·cited 6×
  The court held that the measure of actual damages was determined in a prior trial and could not be redetermined, and that the evidence was insufficient to support a finding of gross negligence and punitive damages.
• Olen Ward Murff v. United States
  785 F.2d 552· 5th Cir.· 1986-03-31 ·cited 6×
  The court held that the Cessna pilots' conduct was the primary cause of the mid-air collision, and their fault exceeded that of the air traffic controllers, precluding recovery against the United States under Texas comparative negligence law.
• McFARLAND v. T.E. Mercer Trucking Co.
  781 F.2d 1146· 5th Cir.· 1986-02-05 ·cited 6×
  The court held that the district court's findings that neither the decedent nor the drilling contractor was negligent were not clearly erroneous, and thus affirmed the judgment.
• Martinez v. United States
  780 F.2d 525· 5th Cir.· 1986-01-16 ·cited 6×
  The court held that a plaintiff's recovery under the FTCA is limited to the amount of their prior administrative claim, even if actual damages proven at trial and adjusted for comparative negligence exceed that amount, unless specific exceptions apply.
• C & T Erectors, Inc. v. Case
  481 So. 2d 499· Fla. 2d DCA· 1985-12-04 ·cited 6×
  The court held that the lower court erred in applying an outdated formula to calculate a workers' compensation carrier's reimbursement from a third-party tort recovery.
• THE FLA. BAR STANDARD JURY INSTRUCTIONS CIVIL 85-1
  475 So. 2d 682· Fla.· 1985-09-05 ·cited 6×
  The Florida Supreme Court approved amendments to the Florida Standard Jury Instructions (Civil) implementing the holding in Insurance Company of North America v. Pasakarnis regarding seat belt non-use as a mitigation defense. The Court authorized publication of revised jury charg
• Linquist v. Boyd
  473 So. 2d 22· Fla. 3d DCA· 1985-07-23 ·cited 6×
  In this negligence case arising from an automobile-motorcycle accident, the appellate court reversed a partial summary judgment on liability entered against the defendant Linquist, finding that genuine issues of material fact existed regarding comparative negligence that preclude
• Issac Overbee, Jr. v. VAN Waters & Rogers
  765 F.2d 578· 6th Cir.· 1985-06-19 ·cited 6×
  The court held that the district court abused its discretion in denying the motion for relief from judgment under Rule 60(b)(6) because the judgment was not final and extraordinary circumstances justified relief due to a change in controlling state law.
• Eichholz v. Pepo Petroleum Co., Inc.
  475 So. 2d 1244· Fla. 1st DCA· 1985-05-13 ·cited 6×
  The court held that the admission of field sobriety test results and a business record form, though erroneous in part, did not constitute reversible error, and affirmed the jury verdict.
• Adams Labs., Inc. v. Jacobs Eng'g Co., Inc.
  761 F.2d 1218· 7th Cir.· 1985-05-07 ·cited 6×
  The court held that prejudicial comments by plaintiff's counsel and confusing jury polling necessitated a new trial.
• Alexsis, Inc. v. Bryk
  471 So. 2d 545· Fla. 4th DCA· 1985-05-01 ·cited 6×
  This case addresses whether a workers' compensation carrier and injured employee must share attorneys' fees and costs proportionally when recovering from a third-party tortfeasor, or whether the employee must bear all expenses before the carrier recovers its lien. The Fourth Dist
• Ferraro v. Marr
  467 So. 2d 809· Fla. 2d DCA· 1985-04-24 ·cited 6×
  A fellow employee injured in a workplace accident sued his coworker for negligence and recovered a jury verdict, but the defendant appeals claiming coemployee immunity under Florida's Workers' Compensation Act. The court reverses and remands to determine whether the plaintiff's p
• Tri-County Truss Co. v. Leonard
  467 So. 2d 370· Fla. 4th DCA· 1985-03-20 ·cited 6×
  Tri-County Truss Company appealed a jury verdict awarding damages to Joe Donald Leonard for injuries sustained when a truss manufactured by Tri-County broke during installation. The appellate court affirmed the judgment, holding that comparative negligence was properly excluded a
• Strong v. State
  465 So. 2d 549· Fla. 3d DCA· 1985-03-05 ·cited 6×
  The Florida District Court of Appeal reversed convictions for manslaughter, holding that blood samples were unlawfully withdrawn and the resulting tests were erroneously admitted into evidence. The court emphasized strict compliance with statutory requirements for blood sample co
• Moses v. Marathon OIL Co.
  749 F.2d 262· 5th Cir.· 1985-01-02 ·cited 6×
  The court held that the jury's findings of negligence and no defect were not inconsistent, and that the trial court's jury instructions on contributory negligence were adequate under Louisiana law.
• Roberts v. Rivera
  458 So. 2d 786· Fla. 5th DCA· 1984-10-11 ·cited 6×
  The Riveras purchased 22 acres of land from the Roberts for $98,000 but later discovered it was essentially undevelopable due to low muck-land conditions, worth only $47,400. The court reversed the fraud judgment against the Roberts sellers but affirmed the judgment against the r