Comparative Negligence

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

• Hintz v. Jamison
  743 F.2d 535· 7th Cir.· 1984-09-10 ·cited 6×
  The court held that the township's procurement of insurance waived its and the road commissioner's immunity under the Tort Immunity Act, and that the jury's verdict was supported by the evidence.
• Rimer v. Rockwell Int'l Corp.
  739 F.2d 1125· 6th Cir.· 1984-07-20 ·cited 6×
  The court held that the jury's verdict was valid because even if one claim contained error, the Ohio two-issue rule applied, and the jury's verdict on the properly submitted negligence claim was sufficient to uphold the judgment.
• Kelly Springfield Tire Co., Inc. v. Donovan
  729 F.2d 317· 5th Cir.· 1984-04-06 ·cited 6×
  The majority holds that an explosion potential in dust collection systems was a recognized hazard, imposing liability on Kelly Springfield under the general duty clause, despite the employer and industry lacking actual knowledge of the hazard.
• Roberts v. James
  447 So. 2d 947· Fla. 2d DCA· 1984-03-14 ·cited 6×
  A former Pinellas County sheriff appeals a jury verdict awarding an ex-inmate $34,500 for an accidental finger amputation caused by another inmate's pruning shears during a work detail. The court reverses because the inmate failed to establish a prima facie case of negligence, as
• Liberty Mut. Ins. Co. v. Rodriguez
  436 So. 2d 1091· Fla. 3d DCA· 1983-09-06 ·cited 6×
• Joao DeMEBEIROS v. Koehring Co.
  709 F.2d 734· 1st Cir.· 1983-06-01 ·cited 6×
  The court held that the district court did not err in denying a directed verdict for the manufacturer on negligent design, nor in admitting evidence of workmen's compensation benefits with a limiting instruction, but that the omission of an explanation regarding repayment of thos
• State v. Imogene McCONKEY
  421 So. 2d 29· Fla. 5th DCA· 1982-10-20 ·cited 6×
  The court held that while an employer/carrier is entitled to a pro rata share of a recovery, the specific formula for calculating this share should not be judicially legislated and must be applied fairly.
• Cent. Taxi Serv., Inc. v. Greenberg
  418 So. 2d 333· Fla. 3d DCA· 1982-08-03 ·cited 6×
  A jury in a negligence case returned an incomplete verdict finding both parties negligent (defendant 65%, plaintiff 35%) but failed to award damages. The trial judge reinstructed the jury on all issues and submitted a blank verdict form, resulting in a verdict for the defendants.
• Rovegno v. Geppert Bros., Inc.
  677 F.2d 327· 3d Cir.· 1982-05-03 ·cited 6×
  The court held that the district court did not err or abuse its discretion in excluding evidence of the decedent's blood alcohol level because it was not accompanied by other evidence demonstrating unfitness to drive.
• Thompson v. Rock Springs Mobile Home Park
  413 So. 2d 1213· Fla. 5th DCA· 1982-04-14 ·cited 6×
  A landlord has a duty to reasonably inspect and repair premises before leasing and a continuing duty to repair dangerous conditions after notice, and this duty extends to visitors of the tenant.
• Walsh v. Neldys T. Diaz
  409 So. 2d 1186· Fla. 4th DCA· 1982-02-17 ·cited 6×
• Allied Prods. Co. v. Fed. Mine Safety & Health Review Comm'n & Raymond J. Donovan
  666 F.2d 890· 5th Cir.· 1982-02-01 ·cited 6×
  The court held that while the company was liable for mine safety violations, the assessed penalties were excessive and contrary to law.
• Masuen v. E. L. Lien & Sons, Inc.
  670 F.2d 87· 8th Cir.· 1981-12-23 ·cited 6×
  The court held that the district court erred in applying the High-Grade decision retroactively to bar the suit against state employees for personal negligence, and that Masuen could not recover against Lien for breach of contract as the claim was raised too late.
• Luerain Frison v. Winn-Dixie Stores, Inc.
  407 So. 2d 389· Fla. 3d DCA· 1981-12-22 ·cited 6×
  Trial court's directed verdict for Winn-Dixie was reversed because whether the store negligently displayed Pine-Sol bottles protruding beyond shelf edges was a jury question, not a matter of law.
• Thomas v. Wyatt
  405 So. 2d 1369· Fla. 4th DCA· 1981-11-18 ·cited 6×
  A homeowner appeals a judgment for personal injuries inflicted when she ordered her dog to attack a babysitter. The court affirmed the jury's verdict finding the homeowner liable on three separate theories: assault, statutory dog owner's liability, and negligence, with compensato
• Davis v. Burlington N., Inc.
  663 F.2d 1028· 10th Cir.· 1981-11-05 ·cited 6×
  A railroad is not liable for damages when a vehicle collides with its train occupying a crossing, absent unusual circumstances, as the train's presence is generally sufficient notice.
• Itt-Nesbitt, Inc. v. Valle's Steak House OF Fort Lauderdale, Inc.
  395 So. 2d 217· Fla. 4th DCA· 1981-02-25 ·cited 6×
  In this appeal of a complex civil suit involving a defective air conditioning system, the Fourth District Court of Appeal reversed and remanded for a new trial, finding multiple reversible errors including the trial court's failure to instruct the jury that a partial directed ver
• Stresscon Int'l, Inc. v. Helms
  390 So. 2d 139· Fla. 3d DCA· 1980-11-12 ·cited 6×
  A worker was decapitated by a falling concrete slab at a construction site. The trial court granted a directed verdict finding the three defendants negligent and liable, and a jury awarded $2.1 million in wrongful death damages. The appellate court affirmed, rejecting the defenda
• Sw. Ins. Co. v. Stanton
  390 So. 2d 417· Fla. 3d DCA· 1980-11-12 ·cited 6×
  The appellate court reviewed an order granting plaintiffs a new trial due to the trial court's failure to instruct the jury not to reduce damages based on the minor plaintiff's comparative negligence.
• Foss v. United States
  623 F.2d 104· 9th Cir.· 1980-07-10 ·cited 6×
  The court held that the pilot was not contributorily negligent as a matter of law, and the FAA's negligence in publishing a dangerous traffic pattern and failing to warn of hazards was the proximate cause of the crash.
• Wilton LEE v. Dunnigan
  384 So. 2d 165· Fla. 2d DCA· 1980-05-02 ·cited 6×
  In this negligence case involving a multi-vehicle collision, the appellants sought contribution from the appellees based on comparative negligence. The trial court granted summary judgment for the appellees, but the appellate court reversed, finding genuine issues of material fac
• Seaboard Coast Line R.R. Co. v. Union Camp Corp.
  613 F.2d 604· 5th Cir.· 1980-03-14 ·cited 6×
  The court held that a permanent injunction was proper to prevent re-litigation of issues decided in a prior federal diversity case, as the prior federal decision was res judicata and collateral estoppel applied.
• Harper v. City OF Tampa
  374 So. 2d 1385· Fla. 2d DCA· 1979-05-18 ·cited 6×
  The appellate court held that the trial judge abused his discretion in granting a new trial based on the jury's finding of zero negligence on the part of the plaintiff, as the evidence supported the jury's conclusion.
• Fireman's Ins. Co. OF Newark v. Phillips
  368 So. 2d 98· Fla. 3d DCA· 1979-03-06 ·cited 6×
  Fireman's Insurance Company appealed a trial court's determination of its equitable lien in a workers' compensation subrogation case, challenging both the trial judge's application of a mathematical formula and the factual findings underlying the lien calculation. The appellate c
• O'Conor v. Dep't OF Transp. of the State of Fla.
  364 So. 2d 84· Fla. 3d DCA· 1978-11-14 ·cited 6×
  The Florida District Court of Appeal reversed a directed verdict entered after a jury awarded $100,000 to a motorcycle driver injured when he struck a stopped Department of Transportation dump truck on a nighttime expressway. The court held that proximate cause questions in negli
• City OF Jacksonville v. Franco
  361 So. 2d 209· Fla. 1st DCA· 1978-08-02 ·cited 6×
  The City of Jacksonville and Seaboard Coast Line Railroad appealed from a jury verdict and judgment arising from a fatal train-auto collision at a railroad crossing. The court held that an indemnity contract between the City and Seaboard required the City to indemnify Seaboard fo
• In re the Complaint of Allied Towing Corp. v. Tatem
  580 F.2d 702· 4th Cir.· 1978-07-18 ·cited 6×
  The court held that an employee engaged as a repairman can recover damages from their employer as a shipowner, but recovery is limited to the employer's proportionate fault.
• Fla. E. Coast Ry. Co. v. Hanson
  355 So. 2d 431· Fla.· 1978-01-12 ·cited 6×
  Florida Supreme Court reviewed a District Court decision reversing a trial judge's order granting a new trial and remittitur in a wrongful death case. The Court held that a trial judge's discretion to grant a new trial is not absolute when based on an erroneous assumption about h
• Cincinnati Ins. Co. & Robert Zielke v. Schneider
  349 So. 2d 728· Fla. 4th DCA· 1977-08-23 ·cited 6×
  In this wrongful death action arising from an automobile accident, the appellate court reversed a partial summary judgment on liability, holding that questions of contributory negligence and assumption of risk must be resolved by a jury rather than determined at summary judgment,
• Christiana v. White
  346 So. 2d 1036· Fla. 4th DCA· 1977-05-20 ·cited 6×
  In this negligence case, a jury found the defendant without fault after he turned left on a red light and collided with the plaintiff who was proceeding on a green light. The appellate court reversed, finding the verdict against the manifest weight of the evidence and that the tr
• Johnston v. Pierce Packing Co. & Thomas C. White
  550 F.2d 474· 9th Cir.· 1977-03-09 ·cited 6×
  The court held that the failure to instruct the jury on the presumption of due care and the absence of an intelligible instruction on the defendant's burden of proving the decedent's negligence require reversal and a new trial.
• Sessler v. Allied Towing Corp.
  538 F.2d 630· 4th Cir.· 1976-08-04 ·cited 6×
  The court held that the employee's use of a necessary but non-explosion proof pump, under the circumstances, constituted assumption of risk rather than contributory negligence, and that the issue of attorney fees for the compensation carrier's reimbursement required further proce
• Norge Laundry Co. v. Prestridge
  335 So. 2d 300· Fla. 1st DCA· 1976-06-29 ·cited 6×
  Widow of deceased brought wrongful death action against Norge Laundry Company and obtained a jury verdict awarding $412,500 in individual damages and $1,538.70 as administratrix. The appellate court reversed and remanded for a new trial, finding the trial court abused its discret
• ST. Louis & SAN Francisco R.R. Co. v. Inez Wilson
  338 So. 2d 192· Fla.· 1976-05-19 ·cited 6×
  The Florida Supreme Court addressed whether the adoption of comparative negligence law in Hoffman v. Jones could override an estoppel by judgment defense when the comparative negligence issue was not properly raised at trial or on initial appeal. The Court held that for a change
• Collins v. The Ridge Tool Co.
  520 F.2d 591· 7th Cir.· 1975-08-13 ·cited 6×
  The majority improperly substituted its factual findings for those of the jury.
• Collard v. Louella Keeton and Lawrence Kenley Keeton
  317 So. 2d 121· Fla. 3d DCA· 1975-07-22 ·cited 6×
  The court held that the trial court did not err in refusing to instruct the jury on comparative negligence for the passenger's claim, and the exclusion of hospital records was not reversible error.
• Travelers Ins. Co. & Matthews Constr. Co. v. Audie L. Ballinger and Dennis Ballinger
  312 So. 2d 249· Fla. 1st DCA· 1975-05-14 ·cited 6×
  Travelers Insurance and Matthews Construction appealed an interlocutory order striking their comparative negligence defense. The appellate court, treating the interlocutory appeal as a petition for common law certiorari, held that comparative negligence cannot be applied between
• Imperial Elevator Co., Inc. v. Cohen
  311 So. 2d 732· Fla. 3d DCA· 1975-04-08 ·cited 6×
  The court held that the trial court erred in refusing to allow disclosure of a 'Mary Carter Agreement' to the jury, as such agreements are admissible and relevant to witness credibility and conduct.
• Kloewer v. Burlington N., Inc.
  512 F.2d 300· 8th Cir.· 1975-03-12 ·cited 6×
  The court held that the railroad's duty to maintain a private crossing extends to individuals lawfully using it, and that the issues of negligence and contributory negligence were properly for the jury.
• Echeverria v. Barczak
  308 So. 2d 633· Fla. 3d DCA· 1975-01-21 ·cited 6×
  The trial court erred in refusing a sudden emergency instruction and improperly reduced the jury's damage award.
• Aurelio Gutierrez and Francisca Gutierrez v. Orval H. Murdock
  300 So. 2d 689· Fla. 3d DCA· 1974-09-10 ·cited 6×
  In this comparative negligence case arising from a head-on automobile collision, the Florida appellate court reversed a jury verdict that awarded plaintiffs only 10% of damages because the special verdict form failed to require the jury to independently apportion negligence betwe
• Evelio U. Valdez, Jr. v. Fesler
  298 So. 2d 512· Fla. 2d DCA· 1974-07-24 ·cited 6×
  The appellate court held that the comparative negligence rule was not properly raised during the trial phase, precluding its application on appeal.
• Sharkey v. Penn Cent. Transp. Co.
  493 F.2d 685· 2d Cir.· 1974-03-01 ·cited 6×
  The court held that the jury's verdict was excessive and potentially prejudiced by improper arguments regarding lost wages due to discharge, necessitating a new trial.
• Riske v. Truck Ins. Exch.
  490 F.2d 1079· 8th Cir.· 1974-01-16 ·cited 6×
  An insurer may be liable in excess of policy limits for bad faith failure to settle, and the jury's finding of bad faith was supported by sufficient evidence.
• Bernard v. Omaha Hotel, Inc.
  482 F.2d 1222· 8th Cir.· 1973-08-08 ·cited 6×
  The court held that the trial court did not commit prejudicial error in its rulings regarding jury instructions, evidence exclusion, or discovery.
• Afran Transp. Co. v. The S/S Transcolorado
  468 F.2d 772· 5th Cir.· 1972-10-18 ·cited 6×
  The court held that the rule of divided damages applies to the in rem action against the S/S Cabimas, but the comparative negligence standard applies to the Canal Company's action over against the Panama Canal Company.
• Jones v. Concrete Ready-Mix, Inc.
  464 F.2d 1323· 5th Cir.· 1972-08-17 ·cited 6×
• Badger v. Louisville & Nashville R.R. Co.
  414 F.2d 880· 5th Cir.· 1969-08-04 ·cited 6×
  The court held that the jury's verdict should be reinstated, finding that there was a jury question regarding the railroad's liability and that the decedent was contributorily negligent as a matter of law.
• Marlowe v. Garden Servs., Inc.
  411 F.2d 473· 5th Cir.· 1969-04-18 ·cited 6×
  The court held that the jury instructions on comparative negligence, contributory negligence, avoidance of consequences, and pure accident were supported by evidence or harmless error, and the damages award was not grossly inadequate.
• Fla. E. Coast Ry. Co. v. Earlie B. Edwards
  197 So. 2d 293· Fla.· 1967-03-29 ·cited 6×
  The Florida Supreme Court held that Section 768.05, Florida Statutes, which imposed liability on railroad companies unless they could demonstrate the exercise of ordinary and reasonable care, is unconstitutional. The court reversed and remanded for a new trial because the trial c