Comparative Negligence

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

• McDONOUGH Equip. Corp. v. Sunset Amoco W., Inc.
  669 So. 2d 300· Fla. 3d DCA· 1996-02-21 ·cited 4×
  McDonough Equipment Corp. appeals a judgment for negligent performance of a contract to remove and replace underground petroleum tanks. The court reverses, holding that the economic loss rule bars tort recovery for purely economic losses arising from contractual performance when
• Alex R. Cohen, D.O. v. Richter
  667 So. 2d 899· Fla. 4th DCA· 1996-02-07 ·cited 4×
  The trial court erred by not setting off only the portion of the nursing home's settlement attributable to economic damages, as required by Wells v. Tallahassee Memorial Regional Medical Center.
• Osgood Indus., Inc. v. Schlau
  654 So. 2d 959· Fla. 2d DCA· 1995-04-07 ·cited 4×
  Defendants appealed a directed verdict against them on the seat belt defense in a personal injury case arising from a car accident. The court held that defendants presented sufficient prima facie evidence of an operational seat belt, and the trial court erred in granting a direct
• Blankenship v. Roths
  634 So. 2d 300· Fla. 1st DCA· 1994-03-31 ·cited 4×
  Landlords have a duty to maintain premises in reasonably safe condition, and whether they breached that duty by failing to address an oily parking lot presents a jury question that cannot be resolved on summary judgment, though they had no duty to warn of dangers equally known to
• Al Hampton v. Kennard
  633 So. 2d 535· Fla. 2d DCA· 1994-03-11 ·cited 4×
  The Florida District Court of Appeal reviewed a circuit court order permitting post-verdict interviews of jurors in a motor vehicle negligence case. The court held that the petitioners were entitled to certiorari relief because neither alleged juror misconduct provided sufficient
• Michael KEY, D.O. v. Angrand
  630 So. 2d 646· Fla. 3d DCA· 1994-01-11 ·cited 4×
  Dr. Key, a radiologist, appeals a medical malpractice verdict in a case where he failed to diagnose an interstitial ectopic pregnancy on ultrasound, resulting in the patient's death. The Third District reversed and remanded for a new trial, finding that expert testimony regarding
• Benitez v. Standard Havens Prods., Inc.
  7 F.3d 1561· 11th Cir.· 1993-11-29 ·cited 4×
  Fernando Benitez was injured when his leg was caught in an auger mechanism of a baghouse manufactured by Standard Havens while he was cleaning the equipment with the auger running, contrary to his employer's lockout policy. The jury found Standard Havens negligent in design and t
• McFALL v. Inverrary Country Club, Inc.
  622 So. 2d 41· Fla. 4th DCA· 1993-07-07 ·cited 4×
  Michael McFall was injured when a golf cart he was riding in was struck by a vehicle at a crossing on Inverrary Country Club's property. McFall appealed the jury verdict in favor of the Club and Association, arguing that the trial court erroneously excluded rebuttal expert testim
• Moran Towing OF Fla., Inc. v. Mays
  620 So. 2d 1088· Fla. 1st DCA· 1993-06-28 ·cited 4×
  A seaman injured while boarding a tugboat in a harbor operation sought recovery for unearned wages extending through the expiration of a collective bargaining agreement. The court held that unearned wages in maritime law are limited to the duration of a voyage or period of employ
• Rodi Yachts v. Nat'l Marine
  984 F.2d 880· 7th Cir.· 1993-02-02 ·cited 4×
  The court held that the district court's findings of fact were insufficient to determine the relative fault of the parties, requiring a remand for further proceedings.
• Abes v. Publix Supermarkets, Inc.
  610 So. 2d 709· Fla. 4th DCA· 1992-12-23 ·cited 4×
  Plaintiff's negligence claim against Publix for tripping over a watermelon carton on a wooden pallet was improperly dismissed on summary judgment because comparative negligence principles, not the complete bar rule from 1953, now apply in Florida.
• Padrino v. Resnick
  615 So. 2d 698· Fla. 3d DCA· 1992-11-10 ·cited 4×
  The appellate court reversed a jury verdict for the Padrinos in a personal injury case, finding that defense counsel's closing argument improperly urged the jury to consider the financial burden on the elderly defendant rather than focusing on the evidence, thereby rendering the
• Dykstra-Gulick v. Gulick
  604 So. 2d 1282· Fla. 5th DCA· 1992-09-11 ·cited 4×
  Appellant sued her husband for negligence injuries sustained in an automobile accident that occurred before their marriage. The trial court dismissed the action based on interspousal immunity, but the appellate court reversed the dismissal with prejudice and remanded for abatemen
• Tarmac of Florida/Liberty Mut. Ins. Co. v. Gwaltney
  604 So. 2d 907· Fla. 5th DCA· 1992-09-04 ·cited 4×
  The court held that the workers' compensation carrier's statutory lien on future benefits applies to both indemnity and medical benefits, and the trial court cannot limit the lien to only indemnity benefits.
• Chess v. Wright
  602 So. 2d 673· Fla. 4th DCA· 1992-07-15 ·cited 4×
  In this medical malpractice appeal, the court reversed a judgment for the patients and remanded for a new trial, holding that evidence of the patient's delay in following urgent surgical advice constituted comparative negligence that should have been submitted to the jury.
• Metro. Dade Cnty. v. Sperling
  599 So. 2d 209· Fla. 3d DCA· 1992-05-12 ·cited 4×
  Metropolitan Dade County appeals a $100,000 jury verdict awarded to an elderly bus passenger injured in a fall. The appellate court affirms, upholding the trial court's exclusion of the County's late-disclosed expert witness under the pretrial order's strict witness-listing deadl
• Mutuelles Unies v. Kroll & Linstrom
  957 F.2d 707· 9th Cir.· 1992-02-25 ·cited 4×
  The court held that diversity jurisdiction was proper, jury instructions were appropriate, and the admission of expert testimony was not an abuse of discretion, affirming the jury verdict and pre-judgment interest award.
• Manning v. Lunda Constr. Co.
  953 F.2d 1090· 8th Cir.· 1992-01-10 ·cited 4×
  The court held that the election of remedies doctrine did not bar the plaintiff's tort action and that the jury instructions and closing arguments were not grounds for reversal.
• Interstate Title Corp. v. Miller
  581 So. 2d 213· Fla. 4th DCA· 1991-06-05 ·cited 4×
• Diaz v. Xtra Super Food Ctrs., Inc.
  579 So. 2d 893· Fla. 3d DCA· 1991-05-28 ·cited 4×
  The court held that the jury's award of damages was grossly inadequate given the plaintiff's permanent injury.
• United States v. AETNA Ins. Co.
  923 F.2d 1521· 11th Cir.· 1991-02-21 ·cited 4×
  The court held that the district court's jury instructions and verdict form, which incorporated comparative negligence principles into the estoppel defense, created too much confusion and necessitated a new trial on the estoppel issue.
• Shessel v. Murphy
  920 F.2d 784· 11th Cir.· 1991-01-07 ·cited 4×
  The court held that the trial court erred in directing a verdict on comparative negligence, requiring a new trial on all issues, but did not err in excluding evidence of future collateral source payments.
• A.G. Edwards & Sons, Inc. v. Erwin Weinreich and Ursula Weinreich
  572 So. 2d 993· Fla. 2d DCA· 1990-12-21 ·cited 4×
  A.G. Edwards & Sons and Sherwin Crowne appeal a jury verdict finding them negligent toward Erwin and Ursula Weinreich in connection with a bond issued for a resort sale. The court reverses, holding that the trial court erred in instructing the jury that violations of Florida secu
• Cont'l Ins. Co. v. Herman
  576 So. 2d 313· Fla. 3d DCA· 1990-12-18 ·cited 4×
  Continental Insurance appealed a jury verdict awarding the Hermans damages for negligent destruction of evidence (their damaged automobile). The court reversed, holding that because the Hermans successfully proved their underlying personal injury claim in arbitration and recovere
• Murdock v. Emp'rs Ins. OF Wausau
  917 F.2d 1065· 8th Cir.· 1990-10-24 ·cited 4×
  The court held that the majority opinion erred by engaging in its own fact-finding and ignoring the clearly erroneous standard of review.
• Miles v. Kohli & Kaliher Assocs., Ltd.
  917 F.2d 235· 6th Cir.· 1990-10-22 ·cited 4×
  The court held that summary judgment for USS and American Culvert on strict liability claims based on inadequate warning was improper due to a change in Ohio law, and that genuine issues of material fact existed regarding negligence claims for failure to warn or instruct.
• Grayson v. United States
  748 F. Supp. 854· S.D. Fla.· 1990-09-27 ·cited 4×
  The court held that the Navy breached its duty of reasonable care by failing to maintain Pier D-3 with adequate lighting, markings, and guardrails, leading to the deaths of the Grayson family.
• Jerome W. Craft, M.D. & Jerome W. Craft, M.D., P.A. v. Patrice Kramer
  571 So. 2d 1337· Fla. 4th DCA· 1990-09-19 ·cited 4×
  A medical malpractice case involving breast reduction surgery where the jury awarded damages on negligence but rejected informed consent claims. The appellate court reversed and remanded for a new trial due to improper closing argument by appellee's counsel that suggested injury
• Parkes v. Hall
  906 F.2d 658· 11th Cir.· 1990-07-24 ·cited 4×
  The court held that costs shifted under Federal Rule of Civil Procedure 68 are limited to those enumerated in 28 U.S.C. § 1920, unless the substantive law applicable to the cause of action explicitly expands this definition.
• Justice v. CSX Transp.
  908 F.2d 119· 7th Cir.· 1990-07-10 ·cited 4×
  A landowner has a duty of care to avoid creating visual obstacles that unreasonably imperil users of adjacent public ways, even if the obstacle is wholly on the landowner's property.
• Fullmer v. Wohlfeiler & Beck
  905 F.2d 1394· 10th Cir.· 1990-06-12 ·cited 4×
  The court held that a client's negligence is a defense to an accountant's malpractice claim only if it contributes to the accountant's failure to perform their work or to furnish accurate information, not merely if the client was imprudent in business dealings.
• Arone v. Choya Allen Sherwood
  561 So. 2d 1269· Fla. 4th DCA· 1990-05-23 ·cited 4×
  Nick Arone, an injured employee, appeals a trial court's decision regarding a workers' compensation lien filed by his employer Birdsall Plumbing. The appellate court affirmed the finding of no comparative negligence but reversed the finding that Arone failed to prove he did not r
• Miller v. United States Steel Corp.
  902 F.2d 573· 7th Cir.· 1990-05-15 ·cited 4×
  A products liability suit seeking recovery for a defective product used in a commercial venture is barred by the economic loss doctrine, even without privity of contract, when contract law provides a remedy.
• Dunmore v. Eagle Motor Lines and F-B Truck Lines
  560 So. 2d 1261· Fla. 1st DCA· 1990-04-16 ·cited 4×
  In this wrongful death case, the estate of Mark Dunmore, Jr. sued multiple defendants for injuries from a motor vehicle accident. The trial court severed the case against the Pitts defendants (driver and truck owner) from the case against Eagle (truck lessor), the Pitts defendant
• Sifers v. Gen. Marine Catering Co.
  897 F.2d 1288· 5th Cir.· 1990-03-23 ·cited 4×
  A state insurance guaranty association's statutory liability limit is reduced by recovery from other guaranty associations, but not by the deductible in the underlying insurance policy.
• Bonin v. Tour W., Inc.
  896 F.2d 1260· 10th Cir.· 1990-02-23 ·cited 4×
  The court held that a party does not waive the right to challenge inconsistencies in a special verdict under Fed.R.Civ.P. 49(a) by failing to object before the jury is discharged.
• Elzie Hawkins v. Williams
  557 So. 2d 618· Fla. 4th DCA· 1990-02-14 ·cited 4×
  Elzie Hawkins, a paraplegic who suffered a fractured femur when struck by defendants' automobile, appeals a jury verdict denying recovery based on failure to sustain a permanent injury. The court reverses, holding that the uncontradicted evidence established legal proximate causa
• Bonica v. Dade Cnty. Sch. Bd.
  549 So. 2d 220· Fla. 3d DCA· 1989-09-19 ·cited 4×
  The court held that a school board is not immune from liability for negligent performance of an operational duty, and a jury's finding of negligence and damages should be reinstated.
• Gray v. Busch Ent. Corp.
  886 F.2d 14· 2d Cir.· 1989-09-15 ·cited 4×
  The court held that the admission of a first aid report as a business record was error, but it was admissible as a prior inconsistent statement, and the failure to request a limiting instruction waived the claim.
• Harduvel v. Gen. Dynamics Corp.
  878 F.2d 1311· 11th Cir.· 1989-07-31 ·cited 4×
  The court held that the government contractor defense applies to design defects in military equipment, and that the plaintiff's wire chafing claim constituted a design defect, not a manufacturing defect. The court also found insufficient evidence to support the manufacturing defe
• Horowitz v. Fla. Ins. Guar. Ass'n
  544 So. 2d 281· Fla. 4th DCA· 1989-05-24 ·cited 4×
  In this personal injury case arising from an auto-pedestrian collision, the court affirmed the jury's apportionment of negligence (95% plaintiff, 5% defendant) but reversed and remanded for a new trial on damages, finding the jury's award of $4,593 was grossly against the manifes
• Pinkham v. Me. Cent. R.R. Co.
  874 F.2d 875· 1st Cir.· 1989-05-15 ·cited 4×
  The court affirmed the district court's judgment, finding no reversible error in the admission of evidence, the directed verdict on the Boiler Inspection Act claim, or the jury instructions.
• Schwartz v. Hughes Supply, Inc.
  537 So. 2d 190· Fla. 2d DCA· 1989-01-18 ·cited 4×
  The court held that the trial court erred in granting summary judgment because there were genuine issues of material fact regarding the reasonableness of Officer Schwartz's actions and the applicability of the rescue doctrine.
• Jude v. Castro
  864 F.2d 961· 1st Cir.· 1989-01-10 ·cited 4×
  The court held that a jury's finding of prejudice due to delayed notification of a breach of warranty claim is valid even without formal proof of lost evidence, and that sufficient evidence supported the jury's finding of negligence.
• Riley v. K Mart Corp.
  864 F.2d 1049· 3d Cir.· 1988-12-29 ·cited 4×
  A judgment cannot be supported by jury answers directly contradictory to prior answers that would have required a verdict for the defendant as a matter of law.
• The Upjohn Co. v. Anne Marie MacMURDO
  536 So. 2d 337· Fla. 4th DCA· 1988-12-21 ·cited 4×
  Upjohn Company appeals a jury verdict finding it liable for inadequately warning physicians about Depo-Provera's side effect of excessive menstrual bleeding, which allegedly led to the plaintiff's hysterectomy. The court affirms liability but reverses the jury's finding of compar
• Hess OIL Virgin Islands Corp. v. UOP, Inc.
  861 F.2d 1197· 10th Cir.· 1988-11-18 ·cited 4×
  The court held that the contractual limitation of liability to property damage and bodily injury was enforceable under Illinois law, and that UOP's negligence claims were distinct from its contractual duties. The court also found that UOP waived objections to jury interrogatories
• Escambia Cnty. v. Stichweh
  536 So. 2d 1058· Fla. 1st DCA· 1988-10-28 ·cited 4×
  The court held that there was sufficient evidence to support the jury's findings of negligent maintenance and negligent design/planning of traffic control devices, and that the trial court did not err in submitting these theories to the jury.
• Black v. RED Star Towing & Transp. Co., Inc.
  860 F.2d 30· 2d Cir.· 1988-10-17 ·cited 4×
  A shipowner has a right of indemnity against a third-party tortfeasor for maintenance and cure payments made to an injured seaman, limited to the tortfeasor's proportionate share of fault.
• McMURRAY v. Deere & Co., Inc.
  858 F.2d 1436· 10th Cir.· 1988-09-22 ·cited 4×
  The court held that the trial court erred in refusing to instruct the jury on the defenses of voluntary assumption of the risk of a known defect and abnormal use of the product.