Comparative Negligence

2,641 Florida cases classified under this topic, plus 374 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Barton Protective Servs., Inc. v. Faber
  745 So. 2d 968· Fla. 4th DCA· 1999-07-21 ·cited 69×·via Comparative Fault
  A shopping mall security company (Barton) was held liable under 42 U.S.C. § 1983 for false arrest as a willful participant in joint action with police officers who arrested two men without probable cause. The court affirmed the liability finding but reversed the trial court's app
• R.A. Jones & Sons, Inc. v. Holman
  470 So. 2d 60· Fla. 3d DCA· 1985-06-04 ·cited 69×
  R.A. Jones & Sons, a designer and seller of irrigation systems, sued Ford Motor Company and its distributor Holman & Moody for breach of warranty after selling defective industrial engines to farmers. The court reversed a directed verdict in favor of the distributor, vacated a re
• McKINNON v. Skil Corp.
  638 F.2d 270· 1st Cir.· 1981-01-14 ·cited 69×
  The court held that the trial court did not err in excluding OSHA regulations and prior accident reports, and that jury instructions were proper or not preserved for appeal.
• Brigham Young Univ. v. Lillywhite
  118 F.2d 836· 10th Cir.· 1941-01-17 ·cited 69×
  The dissenting opinion argues that the University, as a charitable institution, is immune from liability for the student's injuries, and that the instructor's alleged negligence was not the proximate cause of the accident.
• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc.
  678 So. 2d 1239· Fla.· 1996-06-27 ·cited 68×
  The Florida Supreme Court reviewed the constitutionality of the Medicaid Third-Party Liability Act of 1994, which creates an independent state cause of action to recover Medicaid expenditures from tortfeasors. The Court largely upheld the Act's facial constitutionality while stri
• Taylor v. Burlington N. R.R. Co.
  787 F.2d 1309· 9th Cir.· 1986-04-18 ·cited 68×
  The court held that the trial court erred in refusing to instruct the jury on comparative negligence, requiring a new trial. However, other evidentiary and instructional rulings were affirmed.
• Haynes v. Rederi A/S Aladdin
  362 F.2d 345· 5th Cir.· 1966-06-16 ·cited 68×
  The court held that the compensation insurer is entitled to full reimbursement from the total recovery obtained by the injured workman from a third party, and that attorney fees are not awardable from the insurer's recovery in this case.
• Seaboard Coastline R.R. Co. v. Addison
  502 So. 2d 1241· Fla.· 1987-02-26 ·cited 67×
  The Florida Supreme Court held that when a defendant violates a traffic statute, the trial court must instruct the jury that such violation constitutes evidence of negligence, even if the violation involves matters within common sense or general knowledge. The court rejected the
• Hyde v. Chevron U.S.A., Inc.
  697 F.2d 614· 5th Cir.· 1983-02-07 ·cited 66×·via Comparative Fault
  The court held that a defective staircase on an offshore platform constitutes a 'ruin' under Louisiana Civil Code Article 2322, making the owner strictly liable for injuries caused by its collapse. It also held that under recent Louisiana Supreme Court precedent, a plaintiff's co
• Travelers Ins. Co. & Peter Vassey v. Rodriguez
  357 So. 2d 464· Fla. 2d DCA· 1978-04-12 ·cited 66×
  The court reversed a default judgment entered against defendants for their counsel's failure to timely file a pretrial statement, holding that while courts may sanction attorney noncompliance with pretrial orders, striking pleadings and entering default judgment is an excessively
• Bonura v. SEA Land Serv., Inc.
  505 F.2d 665· 5th Cir.· 1974-12-20 ·cited 66×
  The dissenting judge believes the majority erred in denying an instruction on the plaintiff's comparative negligence.
• D'Amario v. Ford Motor Co.
  806 So. 2d 424· Fla.· 2001-11-21 ·cited 65×·via Comparative Fault
  The Florida Supreme Court held that principles of comparative fault do not ordinarily apply to crashworthiness (secondary collision/enhanced injury) cases, and that a manufacturer's liability for injuries caused by design defects in a collision is separate and distinct from liabi
• Loffland Bros. Co. v. Roberts
  386 F.2d 540· 5th Cir.· 1967-08-09 ·cited 65×
• Fla. Dep't OF Corr. v. Abril
  969 So. 2d 201· Fla.· 2007-10-18 ·cited 64×
  The Florida Supreme Court holds that the impact rule—which generally bars emotional distress damages absent physical injury—does not apply to negligence claims arising from a healthcare provider's breach of statutory duty to maintain confidentiality of HIV test results. The court
• Forrest A. Flaminio and Gloria Flaminio v. Honda Motor Co., Ltd.
  733 F.2d 463· 7th Cir.· 1984-05-02 ·cited 64×
  The court held that Federal Rule of Evidence 407, barring evidence of subsequent remedial measures to prove negligence or culpable conduct, applies in diversity cases even when state law would admit such evidence in strict liability claims. The rule's policy of encouraging safety
• Soffer v. R.J. Reynolds Tobacco Co.
  187 So. 3d 1219· Fla.· 2016-03-17 ·cited 62×
  The Florida Supreme Court held that individual members of the decertified Engle tobacco class action may seek punitive damages under theories of negligence and strict liability in their subsequent individual lawsuits, overruling the First District's contrary holding and resolving
• Rodriguez v. Miami-Dade Cnty.
  117 So. 3d 400· Fla.· 2013-06-27 ·cited 62×
  The Florida Supreme Court held that a district court cannot use certiorari jurisdiction to review a trial court's denial of a governmental entity's sovereign immunity claim absent irreparable harm, and further held that a narrow police emergency exception does not apply as a matt
• Slawson v. Fast Food Enters.
  671 So. 2d 255· Fla. 4th DCA· 1996-04-10 ·cited 62×
  A Burger King patron was raped by an intoxicated third party after the restaurant failed to eject him despite his prior sexual harassment of employees. The court held that Florida's comparative fault statute (section 768.81) does not apply to actions based on intentional torts, a
• Hill v. Dep't OF Corr.
  513 So. 2d 129· Fla.· 1987-09-24 ·cited 61×
  The Florida Supreme Court held that Florida has not waived its sovereign immunity or common law immunity from federal civil rights suits under 42 U.S.C. § 1983, either in federal or state court, despite the existence of section 768.28 which waives immunity for traditional tort cl
• Kuehner v. Green
  436 So. 2d 78· Fla.· 1983-07-28 ·cited 61×
  The Florida Supreme Court addressed whether express assumption of risk absolutely bars recovery in contact sport negligence cases. The court held that express assumption of risk remains a viable defense in contact sports, but only when a participant subjectively appreciates and v
• Theriot v. BAY Drilling Corp.
  783 F.2d 527· 5th Cir.· 1986-02-20 ·cited 60×
  The court held that the district court erred in applying state law to a maritime indemnity contract, and that the plaintiff's seaman status was a question for the jury. The court affirmed the negligence findings but reversed and remanded on the indemnity issue.
• Fortier v. Dona Anna Plaza P'rs
  747 F.2d 1324· 10th Cir.· 1984-12-17 ·cited 60×·via Comparative Fault
  The court held that the automatic stay provision of the Bankruptcy Act does not extend to solvent co-defendants of the debtor, and that evidentiary rulings were either waived, cured, or did not affect substantial rights.
• Brooks v. Peters
  157 Fla. 141· Fla.· 1946-03-05 ·cited 60×
  Mary T. Brooks sued her landlord, Hugh Peters, for injuries sustained when a gas water heater exploded in a cubby hole while she was operating it. The Florida Supreme Court affirmed the lower court's dismissal on demurrer, holding that once a landlord surrenders possession and co
• Melena Bennett and Harry Bennett v. Mattison
  382 So. 2d 873· Fla. 1st DCA· 1980-04-24 ·cited 59×
  In this slip and fall premises liability case, the trial court directed a verdict for the apartment owners despite evidence that they had been repeatedly warned the hallway was slippery when wet and that water regularly accumulated there. The appellate court reversed, holding tha
• Petition of Canal Barge Co., Inc. v. Griffith
  480 F.2d 11· 5th Cir.· 1973-03-30 ·cited 59×
  The court held that the pilot, despite not having actual knowledge of a specific high-water current hazard, was contributorily negligent as a matter of law for failing to inform himself of conditions an experienced pilot would know, thus reducing damages.
• Robbins v. Milner Enters., Inc.
  278 F.2d 492· 5th Cir.· 1960-04-18 ·cited 59×
• Ileana Whitt v. Eli Silverman
  788 So. 2d 210· Fla.· 2001-05-03 ·cited 58×
  The Florida Supreme Court held that landowners operating commercial businesses in urban areas owe a duty of care to persons injured off their property due to visual obstructions caused by foliage or landscaping on the property. The Court rejected the rigid "agrarian rule" of abso
• Angrand v. KEY
  657 So. 2d 1146· Fla.· 1995-06-22 ·cited 58×
  The Florida Supreme Court resolved a conflict between district courts regarding the admissibility of expert testimony on grief and bereavement in wrongful death cases. The Court held that while trial courts have broad discretion to admit such expert testimony, it must genuinely a
• Am. Cyanamid Co. v. ROY
  498 So. 2d 859· Fla.· 1986-10-23 ·cited 58×
  The Florida Supreme Court reversed a punitive damages award against American Cyanamid Co. in a products liability case involving acrylamide exposure, holding that the defendant's conduct did not meet the high threshold of willful and wanton negligence required to support punitive
• Pan-Alaska Fisheries, Inc. v. Marine Constr. & Design Co.
  565 F.2d 1129· 9th Cir.· 1977-12-13 ·cited 58×
  Strict products liability is applicable in admiralty, and comparative fault principles can be applied to reduce damages in such claims.
• Ward v. Ochoa
  284 So. 2d 385· Fla.· 1973-09-26 ·cited 58×
  The Florida Supreme Court held that secret "Mary Carter Agreements" between a plaintiff and co-defendants must be disclosed before trial and admitted into evidence upon request, rejecting prior case law that treated such agreements as confidential. The Court determined that a new
• Winthrop v. Carinhas
  142 Fla. 588· Fla.· 1940-04-09 ·cited 58×
  A widow sued the owners of a motor vehicle for injuries sustained when their car collided with a safety island structure on a bridge after the driver was allegedly blinded by oncoming headlights. The Florida Supreme Court affirmed a jury verdict for the defendants, holding that t
• L.A. Fitness Int'l, LLC v. Julianna Tringali Mayer
  980 So. 2d 550· Fla. 4th DCA· 2008-04-23 ·cited 57×
  L.A. Fitness appealed a wrongful death judgment arising from a member's cardiac arrest at the gym. The Fourth District Court of Appeal reversed, holding that a business's duty to render aid in a medical emergency is satisfied by promptly summoning professional medical assistance,
• Orlando Reg'l Med. Ctr., Inc. v. Boleslaus J. Chmielewski
  573 So. 2d 876· Fla. 5th DCA· 1990-12-06 ·cited 57×
  Orlando Regional Medical Center appealed a jury verdict finding it 77% liable for medical malpractice in a case involving a puncture wound to a patient's foot where a foreign object was not discovered. The court affirmed the liability finding under apparent agency doctrine but re
• Orange Cnty. v. Piper
  523 So. 2d 196· Fla. 5th DCA· 1988-04-14 ·cited 57×
  The trial court erred in failing to give Florida Standard Jury Instruction 3.5(f) on premises liability and negligence, as the instruction accurately stated the law, facts supported giving it, and it was necessary for the jury to properly resolve all issues. Additionally, Mrs. Pi
• Allied Chem. Corp. v. Hess Tankship Co. OF Del.
  661 F.2d 1044· 5th Cir.· 1981-11-20 ·cited 57×·via Comparative Fault
  The court held that both the SOCRATES and REFINER were equally at fault for the collision due to their respective violations of navigational rules and failure to exercise due care in foggy conditions.
• R.J. Reynolds Tobacco Co. v. Earline Alexander
  90 So. 3d 307· Fla. 1st DCA· 2012-02-14 ·cited 56×
  In this Engle progeny tobacco case, the First District Court of Appeal affirmed a $10.8 million compensatory damages award for the death of a long-time smoker from lung cancer but reversed and remanded the $40.8 million punitive damages award as constitutionally excessive under t
• Hancock v. Dep't OF Corr.
  585 So. 2d 1068· Fla. 1st DCA· 1991-09-06 ·cited 56×
  Peter Hancock, an inmate injured when a defective handrail failed while he descended a stairway at a prison facility, appealed summary judgment entered in favor of the Department of Corrections. The court reversed, holding that genuine issues of material fact remain regarding the
• Cassel v. Price
  396 So. 2d 258· Fla. 1st DCA· 1981-04-07 ·cited 56×
  The parents of an eleven-year-old student who died after falling from a mulberry tree on private school grounds appealed a summary judgment that found no liability. The court affirmed, holding that neither the attractive nuisance doctrine nor ordinary negligence principles impose
• Guiseppe Nicroli v. DEN Norske Afrika-Og Austra-Lielinie Wilhelmsens Dampskibs-Aktieselskab
  332 F.2d 651· 2d Cir.· 1964-06-01 ·cited 56×
  The court affirmed the judgment, holding that the ship was unseaworthy due to a slippery deck, the shipowner was negligent, the longshoreman was contributorily negligent, and the stevedore breached its warranty of workmanlike service.
• Curtis v. CIA.
  241 F.2d 30· 3d Cir.· 1957-01-21 ·cited 56×
  The court held that a wrongful death claim based on a state statute is governed by that state's law, including its contributory negligence rules, while a survival claim based on a maritime tort continues the decedent's maritime right of action, subject to maritime comparative neg
• Higgs v. Costa Crociere S.P.A. Co.
  969 F.3d 1295· 11th Cir.· 2020-08-14 ·cited 55×
  Joyce Higgs sued Costa Crociere, a cruise ship operator, for negligence after tripping over a bucket placed behind a corner in a dining area, injuring her shoulder, and a jury awarded her over $1 million. The Eleventh Circuit affirmed the negligence verdict, finding sufficient ev
• R.J. Reynolds Tobacco Co. v. Schoeff
  178 So. 3d 487· Fla. 4th DCA· 2015-11-04 ·cited 55×·via Comparative Fault
  R.J. Reynolds Tobacco Company appeals a jury verdict in favor of the estate of James Schoeff, a deceased smoker who died of lung cancer allegedly caused by addiction to cigarettes. The Fourth District Court of Appeal affirms the trial court's judgment on most issues but reverses
• Marc E. Bosem, M.D. v. Musa Holdings, Inc.
  46 So. 3d 42· Fla.· 2010-09-23 ·cited 55×
  The Florida Supreme Court resolved a conflict between Fourth District precedent and its own holding in Argonaut Insurance Co. v. May Plumbing Co. regarding prejudgment interest on lost profits damages. The Court held that under Florida's established "loss theory," prejudgment int
• City OF Hollywood v. Lombardi
  770 So. 2d 1196· Fla.· 2000-10-19 ·cited 55×
  The Florida Supreme Court addressed three certified questions regarding workers' compensation subrogation liens and offsets under section 440.39. The Court held that an employer's third-party lien is capped at the claimant's net recovery (not a percentage of that percentage), tha
• MOE v. Avions Marcel Dassault-Breguet Aviation
  727 F.2d 917· 10th Cir.· 1984-01-30 ·cited 55×
• Schwartz v. Compagnie General Transatlantique
  405 F.2d 270· 2d Cir.· 1968-12-11 ·cited 55×
  The court held that the implied warranty of workmanlike performance doctrine does not apply to the United States in this case, as there was no contractual relationship and the U.S. was performing a statutory function, not a service for the shipowner.
• Zorn v. Britton
  120 Fla. 304· Fla.· 1935-06-12 ·cited 55×
  In this negligence action arising from a vehicle collision, the Florida Supreme Court upheld a jury verdict for the plaintiff but reduced the judgment by remitting excess interest awarded on unliquidated personal injury damages, establishing that interest on personal injury claim
• Wal-Mart Stores, Inc. v. McDONALD
  676 So. 2d 12· Fla. 1st DCA· 1996-06-11 ·cited 54×
  In this premises liability case, Wal-Mart Stores and Merrill Crossings Associates were held liable for damages when Lawrence McDonald was shot by an unknown assailant in a shopping center parking lot. The court affirmed the jury's apportionment of negligence and held that an inte
• Love v. Garcia
  634 So. 2d 158· Fla.· 1994-02-10 ·cited 54×
  The Florida Supreme Court held that medical records, including blood alcohol test results, are admissible under the business record hearsay exception if a proper predicate is established, with trustworthiness presumed based on the test's general acceptance in the medical field. T