Comparative Negligence

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

• Garcy v. Dupee
  731 F. Supp. 1582· S.D. Fla.· 1990-03-08 ·cited 5×
  The court held that summary judgment is improper when there is a disputed issue of material fact regarding the defendant's negligence in a comparative negligence case.
• Pensacola Junior Coll. v. Montgomery
  539 So. 2d 1153· Fla. 1st DCA· 1989-02-28 ·cited 5×
  Pensacola Junior College appealed a judgment reducing a jury verdict against it by the amount of insurance coverage and denying credit for medical payments made. The court reversed, holding that the insurers should have been joined as indispensable parties when determining excess
• Coral Gables Fed. Sav. & Loan Ass'n v. City OF Opa-Locka
  516 So. 2d 989· Fla. 3d DCA· 1987-11-24 ·cited 5×
  Coral Gables Federal Savings & Loan Association appeals a judgment holding it liable to the City of Opa-Locka for negligence and breach of contract related to an employee's embezzlement scheme. The court affirms, holding that a bank's negligent banking procedures can be the proxi
• Campbell Indus., Inc. v. Offshore Logistics Int'l, Inc.
  816 F.2d 1401· 9th Cir.· 1987-05-12 ·cited 5×
  The court held that appeals were timely filed after the entry of the amended judgment and that the shipowner was entitled to attorney fees incurred in defending against the seaman's claim, but remanded for determination of the amount.
• In re Incident Aboard the D/B Ocean King ON August 30 v. Ocean Drilling & Exploration Co.
  813 F.2d 679· 5th Cir.· 1987-04-01 ·cited 5×
  The court held that the district court erred by not applying pure comparative negligence principles to property damage claims and that the manufacturer's failure to warn constituted a defect for which it was liable.
• In re the Complaint of ROY Crook & Sons, Inc. v. Allen
  778 F.2d 1037· 5th Cir.· 1985-12-17 ·cited 5×
  A violation of a safety statute enacted for the protection of employees, even if not specifically intended to prevent the exact type of injury that occurred, bars the employer from asserting the employee's contributory negligence as a defense under the Jones Act.
• A.R.A. Servs., Inc. v. PAN Am. World Airways, Inc.
  474 So. 2d 396· Fla. 3d DCA· 1985-08-20 ·cited 5×
  The Third District Court of Appeal affirmed a trial court's award of prejudgment interest in a property damage case arising from negligence. The court applied the Florida Supreme Court's recent holding in Argonaut Insurance Co. v. May Plumbing Co., which established that prejudgm
• Demoya v. Lorenzo
  468 So. 2d 358· Fla. 3d DCA· 1985-04-16 ·cited 5×
  In a wrongful death action arising from an automobile accident, the trial court granted summary judgment against the defendant driver DeMoya based on collateral estoppel from a prior case involving the same accident. The appellate court reversed, holding that collateral estoppel
• City OF Tampa v. Jorda
  445 So. 2d 699· Fla. 2d DCA· 1984-02-24 ·cited 5×
  The City of Tampa appeals an order granting a new trial in a negligence action where a jury found Mrs. Jorda 95% negligent and the city 5% negligent for injuries she sustained by stepping on a defective city water meter box. The appellate court reversed, finding the trial court e
• Starkenstein v. Merrill Lynch Pierce Fenner & Smith Inc.
  572 F. Supp. 189· M.D. Fla.· 1983-10-13 ·cited 5×
  The court denied defendants' motion for judgment notwithstanding the verdict and plaintiff's motion to amend the judgment, finding that the jury's findings and the application of comparative negligence were proper.
• Chapman v. United States
  541 F.2d 641· 7th Cir.· 1976-08-20 ·cited 5×
  The court held that the Kankakee River was navigable and the United States had a duty to warn of the submerged dam, affirming liability under the Suits in Admiralty Act.
• Weeks v. Alonzo Cothron, Inc.
  493 F.2d 538· 5th Cir.· 1974-04-29 ·cited 5×
  The court held that contributory negligence cannot be urged as a defense in an action brought under the election provision of the Longshoremen's and Harbor Workers' Act, and that damages for loss of nurture and guidance for minor children should be reconsidered under current stan
• Seaboard Coast Line R.R. Co. v. Hendrickson
  212 So. 2d 901· Fla. 2d DCA· 1968-07-17 ·cited 5×
  Seaboard Coast Line Railroad appeals a wrongful death judgment of $137,200 arising from a car-train collision, arguing the jury instruction on comparative negligence was erroneous. Although the trial court properly charged the jury on comparative negligence at both parties' reque
• Hodge v. Jacksonville Terminal Co.
  170 So. 2d 481· Fla. 1st DCA· 1964-12-29 ·cited 5×
  The court held that the trial court did not err in instructing the jury on the relative weight of positive and negative evidence, as the instruction was appropriate given the conflicting testimony and the jury's role in weighing evidence.
• McDONALD v. Atl. Coast Line R.R. Co.
  155 So. 2d 625· Fla. 3d DCA· 1963-07-16 ·cited 5×
  A truck driver appeals a summary judgment entered against him in a collision case with a railroad company. The court affirmed the summary judgment, finding the plaintiff's gross negligence was the sole proximate cause of the accident, precluding any contribution from the railroad
• Fla. E. Coast Ry. Co. v. Elva I. Schweida
  151 So. 2d 665· Fla. 3d DCA· 1963-04-02 ·cited 5×
  Florida East Coast Railway Company appealed jury verdicts in four consolidated wrongful death and personal injury cases arising from a train-automobile collision at a heavily-traveled railroad crossing in Dade County. The appellate court affirmed the verdicts, finding sufficient
• Walton v. Marlen R. Owens & Yale & Towne Mfg. Co.
  244 F.2d 383· 5th Cir.· 1957-05-10 ·cited 5×
  The court held that the trial court's jury instruction regarding the plaintiff's negligence was prejudicial error.
• Oceana Star Allen and William Scott Allen v. Helms
  293 So. 3d 572· Fla. 1st DCA· 2020-03-24 ·cited 4×
  The appellate court affirmed a trial court's decision that a notice to withdraw settlement proposals was a nullity. The court held that the plaintiffs, who had purchased the proposals from the defendant's bankruptcy trustee, did not possess the equitable interest necessary to wit
• Thourtman v. Junior
  275 So. 3d 726· Fla. 3d DCA· 2019-06-12 ·cited 4×
  Article I, section 14 of the Florida Constitution does not require a trial court to make a preliminary finding of "proof evident, presumption great" at first appearance in order to detain a defendant charged with a capital or life offense for a reasonable time pending a full Arth
• Francis-Harbin v. Sensormatic Elecs., LLC
  254 So. 3d 523· Fla. 3d DCA· 2018-04-25 ·cited 4×
  Valerie Francis-Harbin appeals a jury verdict finding her 20% at fault for injuries from a scissor lift accident at Walmart, awarding her $110,000 in damages but zero for pain and suffering. The Florida Third District Court of Appeal affirms, holding the verdict is not legally in
• Richbell v. Ernst Toussaint
  221 So. 3d 764· Fla. 4th DCA· 2017-06-21 ·cited 4×
  In this wrongful death action arising from a tragic multi-vehicle collision, the Fourth District affirmed the trial court's evidentiary rulings and jury instruction but reversed on the cross-appeal regarding the cap on the vehicle owner's liability under Florida's financial respo
• Sells v. CSX Transp., Inc.
  170 So. 3d 27· Fla. 1st DCA· 2015-05-04 ·cited 4×
  A railroad employee died from cardiac arrest in a remote location, and his widow sued CSX under the Federal Employers Liability Act, alleging the railroad failed to provide AEDs, train employees in CPR, and promptly summon medical assistance. The court affirmed the trial court's
• Skala v. Lyons Heritage Corp.
  127 So. 3d 814· Fla. 2d DCA· 2013-11-27 ·cited 4×
  Robert Skala, a tile setter, was injured when he tripped on construction debris while entering a home under construction through the garage. The trial court granted summary judgment to the property owner based on the obvious danger doctrine, but the appellate court reversed, hold
• Truman McGILL and Margo McGill v. Perez
  59 So. 3d 388· Fla. 2d DCA· 2011-05-06 ·cited 4×
  In this appeal from summary judgment in a rear-end collision case, the court reversed the trial court's decision granting summary judgment to the defendant drivers. The court held that disputed issues of material fact regarding the defendant's conduct precluded summary judgment,
• Myles McNICHOL v. S. Fla. Trotting Ctr., Inc.
  44 So. 3d 253· Fla. 4th DCA· 2010-10-06 ·cited 4×
  The dissenting judge would affirm the trial court's directed verdict for the defendant, finding the plaintiff's injury resulted from inherent risks of equine activities and was an express assumption of risk.
• Probkevitz v. Velda Farms, LLC
  22 So. 3d 609· Fla. 3d DCA· 2009-09-09 ·cited 4×
  In this wrongful death case arising from a fatal automobile accident, the Florida Third District Court of Appeal reversed a defense verdict and remanded for a new trial, finding that the trial court impermissibly allowed evidence and jury consideration of the plaintiff's negligen
• Griffis v. Wheeler
  18 So. 3d 2· Fla. 1st DCA· 2009-07-31 ·cited 4×
  In a wrongful death action arising from a fatal motor vehicle collision, the Florida First District Court of Appeal reversed a directed verdict in favor of the defendants, finding that evidence supported a jury question on whether the driver negligently failed to swerve to avoid
• Menchise v. Liberty Mut. Ins. Co.
  932 So. 2d 1130· Fla. 2d DCA· 2006-06-16 ·cited 4×
  A bankruptcy trustee appealed summary judgment in favor of Liberty Mutual on a bad faith insurance claim arising from the insurer's handling of a settlement offer in an automobile liability case. The court reversed, holding that disputed facts regarding Liberty Mutual's diligence
• Shaw v. Vidya S. Jain, M.D., Vidya S. Jain, P.A.
  914 So. 2d 458· Fla. 1st DCA· 2005-10-20 ·cited 4×
  In a medical malpractice case involving a negligently performed carpal tunnel surgery, the appellate court reversed a jury verdict and remanded for a new trial because the trial court erroneously admitted irrelevant and highly prejudicial evidence of the plaintiff's marijuana use
• Ifrain Monte DE OCA v. State Farm Fire & Cas. Co.
  897 So. 2d 471· Fla. 3d DCA· 2004-12-22 ·cited 4×
  This case involves a dissent arguing that an insured's comparative negligence should not be considered when determining if the insured has been 'made whole' for the purpose of an insurer's subrogation rights, advocating for the return of 100% of deductibles.
• Davis v. Dollar Rent A CAR Sys., Inc.
  909 So. 2d 297· Fla. 5th DCA· 2004-11-17 ·cited 4×
  Cecilia Davis, as personal representative of her deceased daughter's estate, appealed summary judgment in a wrongful death action against Beverly Williams, a property owner whose overgrown foliage allegedly obstructed the view of an intersection, contributing to a fatal automobil
• Terry Plumbing & Home Servs., Inc. v. Berry
  900 So. 2d 581· Fla. 3d DCA· 2004-10-13 ·cited 4×
  Terry Plumbing appeals from a directed verdict in favor of Berry on comparative negligence, an additur award for future pain and suffering, and denial of a set-off for economic damages from Berry's settlement with the dog owner. The appellate court reversed the directed verdict a
• Labzda v. Purdue Pharma L.P.
  292 F. Supp. 2d 1346· S.D. Fla.· 2003-09-23 ·cited 4×
  The court held that the defendants had no duty to control the prescribing practices of Dr. Deonarine, and that the decedent's intentional misuse of the product barred recovery.
• Hyundai Motor Co. & Hyundai Motor Am. v. Ferayorni
  842 So. 2d 905· Fla. 4th DCA· 2003-02-19 ·cited 4×
  This case involves a wrongful death suit against Hyundai for a defective seatbelt system. After multiple appeals and retrials, the court ultimately reversed a remittitur, allowing the jury's original damage award to stand, and affirmed the judgment for the plaintiff.
• Norman v. Farrow
  832 So. 2d 158· Fla. 1st DCA· 2002-11-07 ·cited 4×
  In this personal injury case, the court affirmed the trial court's reduction of a PIP (personal injury protection) insurance set-off by the defendant's comparative negligence percentage, holding that this method avoids double recovery and complies with Florida statutory requireme
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NOS. 01-1 & 01-2)
  825 So. 2d 277· Fla.· 2002-06-06 ·cited 4×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions in Civil Cases, consolidating two committee reports and authorizing proposed modifications to jury instructions for personal injury, property damage, wrongful death, and related civil matters. The ame
• Hoffman v. Helene Ouellette
  798 So. 2d 42· Fla. 4th DCA· 2001-10-17 ·cited 4×
  Douglas Hoffman, as representative of the estate of Raymond Coutellier, appealed a jury verdict awarding damages to Helene Ouellette for injuries sustained in an automobile accident at a mobile home park in Florida. The appellate court affirmed the judgment, holding that Florida
• Michelin Tire Corp. v. Lou Hazel Milbrook
  799 So. 2d 248· Fla. 3d DCA· 2001-08-08 ·cited 4×
  Michelin Tire Corporation appeals a $4.8 million wrongful death judgment and $875,000 attorney's fee award resulting from a tire blowout that killed two van passengers. The court affirms, rejecting Michelin's claim that the trial was unfair due to plaintiff's references to the co
• Doubek v. Wal-Mart Stores, Inc.
  804 So. 2d 347· Fla. 4th DCA· 2001-08-01 ·cited 4×
  Paulette Doubek sued Wal-Mart after a stockman dropped a television on her head while descending a ladder. The jury found Wal-Mart negligent but apportioned 95% negligence to Mrs. Doubek despite no evidence of her contributory conduct. The appellate court reversed, holding that a
• Cusick v. City OF Neptune Beach
  765 So. 2d 175· Fla. 1st DCA· 2000-07-06 ·cited 4×
  A child fell from a tree in a city-owned public park and struck a bench beneath it, sustaining serious injuries. The trial court granted summary judgment for the City of Neptune Beach on premises liability, but the appellate court reversed, holding that municipalities owe a heigh
• Streacker v. Hinton
  742 So. 2d 426· Fla. 1st DCA· 1999-09-14 ·cited 4×
  A concurring opinion discusses whether the trial court abused its discretion in resubmitting a verdict to the jury, suggesting that reinstatement of the original verdict might have been appropriate if precedent precluded resubmission, but ultimately agreeing with the majority.
• Fla. Dep't OF Transp. v. Juliano
  744 So. 2d 477· Fla. 3d DCA· 1999-09-08 ·cited 4×
  The Florida Department of Transportation appeals a jury verdict awarding damages to a former correctional officer who was injured when he tripped on a defective floor at a DOT weigh station. The Third District Court of Appeal affirms the judgment, rejecting the DOT's arguments re
• Eckelbarger v. Frank
  732 So. 2d 433· Fla. 2d DCA· 1999-04-30 ·cited 4×
  The court reversed a trial court ruling that imposed strict liability on homeowners for a child's drowning in their pool based on violation of a Polk County pool safety ordinance. The court held that the ordinance establishes negligence per se rather than strict liability, allowi
• Allstate Indem. Co. v. Clark
  736 So. 2d 1· Fla. 2d DCA· 1998-09-04 ·cited 4×
  Allstate Indemnity Company appeals a trial court's grant of a new trial on damages in an uninsured motorist case, while Clark cross-appeals the denial of her motion for new trial on liability. The court reverses the new trial on damages, finding the jury verdict was not inconsist
• Coleman v. Mini-Mac Maint. Serv., Inc.
  706 So. 2d 393· Fla. 1st DCA· 1998-02-19 ·cited 4×
  Brian Coleman appealed a summary judgment granted in favor of Mini-Mac Maintenance Service on negligence claims arising from a slip-and-fall injury. The court reversed the summary judgment for Coleman, finding genuine factual disputes regarding whether Mini-Mac properly cleaned u
• Readon v. Mirtha Kim LIM
  697 So. 2d 178· Fla. 3d DCA· 1997-07-02 ·cited 4×
• Langmead v. Admiral Cruises, Inc.
  696 So. 2d 1189· Fla. 3d DCA· 1997-05-14 ·cited 4×
  Langmead, a cruise ship entertainer, appealed after a new trial was granted on her Jones Act negligence and maintenance and cure claims against Admiral Cruises following a jury verdict awarding her $965 in actual damages and $3.5 million in punitive damages. The appellate court r
• Enriquez v. Clark
  692 So. 2d 941· Fla. 5th DCA· 1997-04-11 ·cited 4×
  This appeal concerns the proper calculation of a negligence judgment when the plaintiff carries personal injury protection (PIP) insurance. The court held that future medical expenses awarded by the jury must be set off against the judgment to the extent they would be covered by
• London v. Atl. Mut. Ins. Co.
  689 So. 2d 424· Fla. 4th DCA· 1997-03-12 ·cited 4×
  The court held that the trial court should have granted the plaintiff's motion for a directed verdict on the issue of the defendant's negligence.
• Gilchrist Timber Co. v. ITT Rayonier, Inc.
  95 F.3d 1033· 11th Cir.· 1996-09-20 ·cited 4×
  Gilchrist Timber Company purchased timberland from ITT Rayonier based on an appraisal stating the land was zoned for agriculture and residential use, but discovered over a year later that it was actually zoned for preservation with no residential use permitted. The Eleventh Circu