Comparative Negligence

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

• Marcellin L. Smith v. Ferrel
  852 F.2d 1074· 8th Cir.· 1988-08-01 ·cited 4×
  The court held that the jury's verdict was supported by substantial evidence and that any error in the jury instruction was harmless.
• Davy Venturelli v. Cincinnati
  850 F.2d 825· 1st Cir.· 1988-06-29 ·cited 4×
  The court held that sufficient evidence supported the jury's finding of breach of warranty of merchantability, and that Massachusetts law does not reduce a breach of warranty verdict based on comparative fault.
• Kostelecky v. NL Acme Tool/NL Indus., Inc.
  837 F.2d 828· 8th Cir.· 1988-01-27 ·cited 4×
  The court held that while the admission of an accident report containing a legal conclusion was an error, it was harmless. The court also affirmed the trial court's decisions regarding jury instructions, verdict forms, separate trials, and quashing a subpoena.
• Santiago v. Johnson Mach. & Press Corp. & S. Bend Lathe, Inc.
  834 F.2d 84· 3d Cir.· 1987-12-04 ·cited 4×
  The court held that instructing the jury on the 'state of the art' in a strict liability case is improper, as it injects concepts of negligence.
• Emp'rs Nat'l Ins. Co. v. Chaddrick
  826 F.2d 381· 5th Cir.· 1987-09-08 ·cited 4×
  The court held that comparative negligence was applicable to reduce the strict liability award because Chaddrick's conscious decision to place himself in a dangerous position promoted user care without drastically reducing the manufacturer's incentive to make a safer product.
• Foster v. Peddicord
  826 F.2d 1370· 4th Cir.· 1987-08-26 ·cited 4×
  The court held that the plaintiff's suit was timely filed, as the insurer's intervention ratified the employee's action, and that the unseaworthiness claim lacked admiralty jurisdiction because the recreational swimming accident had no nexus to traditional maritime activity.
• Clementine Murray and Carmen R. Wright and Ad Litem for Adrian Lavonne Wright v. Ramada INN, Inc.
  821 F.2d 272· 5th Cir.· 1987-07-13 ·cited 4×
  The court held that the question of whether assumption of the risk has been subsumed into Louisiana's comparative negligence statute is an important issue that should be decided by the Louisiana Supreme Court.
• Schneider v. Emanuel Revici, M.D.
  817 F.2d 987· 2d Cir.· 1987-04-30 ·cited 4×
  The court held that express assumption of risk is an available affirmative defense to a medical malpractice action under New York law, and if proven, would totally bar recovery.
• Mobil Chem. Co. v. Blount Bros. Corp.
  809 F.2d 1175· 5th Cir.· 1987-02-17 ·cited 4×
  The court held that both the owner (Mobil) and the general contractor (Blount) were liable for subcontractors' acceleration damages due to their respective breaches and negligent joint decision to accelerate. The court also found that the indemnity clause did not cover the owner'
• Womack v. Gettelfinger
  808 F.2d 446· 6th Cir.· 1986-12-29 ·cited 4×
  The court held that the jury's award of punitive damages was not supported by the evidence under Tennessee law, as the truck driver's conduct, while negligent, did not rise to the level of gross negligence or conscious indifference required for punitive damages. The court also re
• S. Fla. Bev. Corp. v. Pedro
  499 So. 2d 915· Fla. 3d DCA· 1986-12-23 ·cited 4×
  South Florida Beverage Corporation appealed a judgment notwithstanding the jury verdict in favor of plaintiff San Pedro for injuries sustained when an employee negligently pushed a pallet into his foot. The court reversed, holding that conflicting evidence on comparative negligen
• Sallie Shankle v. U.S.A.
  796 F.2d 742· 5th Cir.· 1986-08-08 ·cited 4×
  The government cannot be held liable for a fatal aircraft crash on a military base when the accident was caused by the civilian pilots' own negligence, as no legal duty was imposed on Air Force officers to control the pilots' conduct or investigate their qualifications beyond tha
• Rachal v. Ingram Corp.
  795 F.2d 1210· 5th Cir.· 1986-08-04 ·cited 4×
  The court held that the district court did not err in allowing the plaintiff to withdraw his jury demand and amend his complaint to an admiralty action, as the defendant had no independent right to a jury trial in the absence of diversity jurisdiction at the time of the amendment
• Reliance Ins. Co. v. Kirby Davis, Jr.
  491 So. 2d 1177· Fla. 4th DCA· 1986-07-09 ·cited 4×
  In this workers' compensation lien case, the appellate court affirmed the trial court's formula for calculating Reliance Insurance's lien on a structured settlement but reversed and remanded the determination of how the insurer should recoup its past and future benefit payments,
• Bubla v. Waverly Daniel Bradshaw, Sr.
  795 F.2d 349· 4th Cir.· 1986-07-08 ·cited 4×
  The court affirmed admiralty jurisdiction and Hudgins Marine's negligence, reversed the finding of Bradshaw's negligence, and remanded for a more detailed damages calculation.
• Corbin C. Clarkson and Lillian Clarkson v. Townsend
  790 F.2d 676· 8th Cir.· 1986-05-07 ·cited 4×
  The court held that the district court did not err in giving a comparative negligence instruction, admitting expert testimony, or admitting evidence of prior injuries, and that the verdict was not against the weight of the evidence.
• The Dep't OF Corr. of the State of Fla. v. Hill
  490 So. 2d 118· Fla. 3d DCA· 1986-05-06 ·cited 4×
  The Florida Department of Corrections appealed a $750,000 jury verdict for false imprisonment awarded to Jesse Hill. The court affirmed the liability finding but reversed the damages award due to misleading jury instructions that confused the jury about comparative negligence, wh
• Walt Disney World Co. & Ins. Co. of N. Am. v. Aloysia Wood and Daniel S. Wood
  489 So. 2d 61· Fla. 4th DCA· 1986-04-09 ·cited 4×
  Walt Disney World was found only 1% liable for injuries sustained by a bumper car operator at its amusement park attraction, with the plaintiff 14% at fault and her fiancé 85% at fault. Despite Disney's argument that joint and several liability should be abolished, the court affi
• Palumbo v. The State of Fla. Game & Fresh Water Fish Comm'n & the Fla. Bd. of Regents
  487 So. 2d 352· Fla. 1st DCA· 1986-04-09 ·cited 4×
  The court held that summary judgment was premature due to conflicting evidence regarding the duty owed, negligence, and comparative negligence.
• Martin v. Am. Petrofina, Inc.
  785 F.2d 543· 5th Cir.· 1986-03-24 ·cited 4×
  The court held that a settling joint tortfeasor's share for purposes of contribution is computed based on proportionate fault, not a pro rata basis, when the tort arises from events occurring after the introduction of comparative negligence in Louisiana.
• Clarice Stephens v. Renard
  487 So. 2d 1079· Fla. 5th DCA· 1986-03-06 ·cited 4×
  Court affirmed admission of expert testimony regarding seat belt non-use to reduce damages but reversed reduction of damages for failure to obtain statutory personal injury protection.
• Consumers Power Co. v. Curtiss-Wright Corp. Appeal of Curtiss-Wright Corp.
  780 F.2d 1093· 3d Cir.· 1986-01-13 ·cited 4×
  Under New Jersey law, claims for economic loss, including damage to the defective product itself, are governed by contract law, not tort law, especially in commercial settings.
• Scogin v. Century Fitness, Inc.
  780 F.2d 1316· 8th Cir.· 1985-12-18 ·cited 4×
  The court held that a juror's affidavit or testimony cannot be used to impeach a verdict by showing a quotient verdict or jury confusion, and that there was sufficient evidence to support the jury's findings.
• Delesma v. City OF Dallas & the State Fair of Tex.
  770 F.2d 1334· 5th Cir.· 1985-09-16 ·cited 4×
  The court held that the prior state court judgment against the decedent for personal injuries barred his children's subsequent federal civil rights claims arising from the same incident, due to the application of Texas's res judicata doctrine as incorporated through 42 U.S.C. § 1
• Volkswagen OF Am., Inc. v. Long
  476 So. 2d 1267· Fla.· 1985-08-29 ·cited 4×
  The Florida Supreme Court reviewed a case where a trial court excluded expert testimony on the "seat belt defense." The court held that while evidence of failure to wear a seat belt can be considered for damages if properly pled and proven, it was not properly raised in this spec
• Blevins v. United States
  769 F.2d 175· 4th Cir.· 1985-07-29 ·cited 4×
  The court held that the Public Vessels Act and Suits in Admiralty Act govern the rate of postjudgment interest for claims against the United States, not the general rate set by 28 U.S.C. § 1961, and that disfigurement damages were properly included in the pain and suffering award
• Reinhart v. Seaboard Coast Line R.R. Co. & State of Fla. Dep't of Transp.
  472 So. 2d 511· Fla. 2d DCA· 1985-06-14 ·cited 4×
  Joanne Reinhart appealed a jury verdict in a negligence action arising from a bicycle fall on railroad tracks. The trial court found the jury verdict grossly inadequate and ordered an additur rather than granting a new trial. The appellate court agreed the verdict was inadequate
• Ritchey v. Fla. Power & Light Co.
  468 So. 2d 306· Fla. 2d DCA· 1985-03-29 ·cited 4×
  Appellants Sally Ritchey and Michael Paille appealed a summary judgment for Florida Power & Light Company after their boat collided with an unmarked, unlit stanchion in navigable waters. The court reversed, holding that FPL's failure to comply with federal maritime safety regulat
• Caranna v. Eades
  466 So. 2d 259· Fla. 2d DCA· 1985-02-08 ·cited 4×
  A multi-party negligence suit arose from a 17-month-old's fall from a sixth-story hotel balcony in Clearwater, Florida. The parents sued the architect, hotel operators, franchiser, and city, seeking recovery for the child's injuries and derivative medical expense claims. The cour
• Fla. Sonesta Corp. v. Aniballi
  463 So. 2d 1203· Fla. 3d DCA· 1985-02-05 ·cited 4×
  The Florida District Court of Appeal reviewed whether a hotel complied with statutory requirements to limit its liability for guests' lost valuables. The court held that the hotel failed to strictly comply with posting and receipt requirements under Florida Statutes sections 509.
• Dudley v. Carroll
  467 So. 2d 706· Fla. 5th DCA· 1985-01-31 ·cited 4×
  The court affirmed dismissal of a third-party complaint against an insurer and denial of a contribution claim where the insurer was prevented from participating in the original trial that determined comparative negligence. The court held that using offensive collateral estoppel t
• Sims Crane Serv., Inc. v. Ideal Steel Prods., Inc.
  750 F.2d 884· 11th Cir.· 1985-01-15 ·cited 4×
  The court held that a directed verdict for the defendant was proper on the issue of the borrowed servant doctrine, but improper on the issue of gross negligence.
• Arceneaux v. Merrill Lynch
  595 F. Supp. 171· M.D. Fla.· 1984-08-20 ·cited 4×
  The court denied defendants' motions for judgment notwithstanding the verdict, new trial, or remittitur, granted plaintiffs' motion for prejudgment interest, and awarded attorneys' fees under the Florida Securities Act.
• Deal v. A.P. Bell Fish Co. & Beverly J. Estes
  728 F.2d 717· 5th Cir.· 1984-03-30 ·cited 4×
  The court held that the prior decision did not resolve issues of cause and contributory negligence, and the jury should have been allowed to consider damages for pain and suffering.
• Rosario v. Melvin
  446 So. 2d 1158· Fla. 2d DCA· 1984-03-14 ·cited 4×
  In a personal injury case arising from a two-car accident, the jury returned a verdict finding the defendant 60% negligent and the plaintiff 40% negligent, awarding the plaintiff $61,000 in damages. The appellants challenged the verdict on the ground that the jury improperly appl
• Kalland v. N. Am. van Lines
  716 F.2d 570· 9th Cir.· 1983-09-01 ·cited 4×
  In comparative negligence cases, damages for indivisible injuries must be apportioned solely by the degrees of negligence, not by separate causal responsibility assessments.
• Proprietors Ins. Co. v. West
  435 So. 2d 290· Fla. 3d DCA· 1983-06-28 ·cited 4×
  The court reversed summary judgment for the insurer, finding that the insurer failed to demonstrate that the insured violated specific policy exclusions regarding aircraft use and pilot qualifications.
• Berta Munceas v. Harris
  430 So. 2d 562· Fla. 3d DCA· 1983-05-03 ·cited 4×
  In a rear-end collision case, the Florida appellate court reversed a partial summary judgment on liability, holding that factual disputes existed regarding the defendant driver's brake failure explanation that precluded summary judgment, while affirming the jury's damages award p
• Gilson v. John R. Foltz, P.A.
  431 So. 2d 647· Fla. 2d DCA· 1983-04-22 ·cited 4×
  An estate sued an attorney for negligence in drafting a will that caused unnecessary estate tax liability. The trial court instructed the jury on the personal representative's comparative negligence, but the appellate court reversed because the alleged negligence occurred before
• Moore v. M.P. Howlett, Inc.
  704 F.2d 39· 2d Cir.· 1983-03-24 ·cited 4×
  The court held that there was sufficient evidence to support the jury's verdict that the shipowner was negligent in failing to maintain a safe deck, and thus should have anticipated the harm to the longshoreman.
• Michael Kovach, P.A. v. Pearce
  427 So. 2d 1128· Fla. 5th DCA· 1983-03-16 ·cited 4×
  The court held that the trial court erred by failing to use a special verdict form that allowed for the apportionment of negligence in both the underlying tort action and the subsequent malpractice action.
• Nettie Springer v. Arthur OF Cedarhurst, Inc.
  424 So. 2d 175· Fla. 3d DCA· 1983-01-04 ·cited 4×
  An 81-year-old plaintiff suffered a broken hip from a slip-and-fall accident at defendant's place of business. The jury found both parties negligent (plaintiff 90%, defendant 10%) and awarded $225,000 in total damages, then handwrote a calculation reducing damages to $22,500 cons
• Md. Cas. Ins. Co. v. Reeves
  418 So. 2d 1257· Fla. 4th DCA· 1982-09-08 ·cited 4×
  Maryland Casualty Insurance Company, a worker's compensation insurance carrier, appealed a trial court's determination that limited its right to recover benefits paid to an injured employee from a third-party settlement. The court reversed, finding that the employee failed to mee
• REX Utils., Inc. v. Gaddy
  413 So. 2d 1232· Fla. 3d DCA· 1982-04-27 ·cited 4×
  In a negligence action arising from a motorcycle accident, the court held that a defendant cannot use the plaintiff's violation of the mandatory motorcycle helmet statute as a comparative negligence defense unless the defendant establishes that the statutory violation was a proxi
• Boles v. Brackin
  411 So. 2d 280· Fla. 1st DCA· 1982-03-18 ·cited 4×
  In this personal injury vehicular accident case, the Florida First District Court of Appeal reversed the trial court's exclusion of evidence that the defendant driver was operating under a restricted/learner's license in violation of statutory restrictions, holding that such evid
• Marson v. Dadeland Rent-A-Car, Inc.
  408 So. 2d 245· Fla. 3d DCA· 1981-12-29 ·cited 4×
  The court held that the trial court erred in ordering a remittitur based on inadmissible evidence that affected liability, and a new trial on all issues is required.
• Kuehner v. Green
  406 So. 2d 1160· Fla. 5th DCA· 1981-11-04 ·cited 4×
  Kuehner appeals from a judgment denying recovery for injuries sustained during karate sparring when his partner Green performed a leg sweep that caused him to fall. The court affirms the judgment based on express assumption of risk but certifies to the Florida Supreme Court the q
• Abel v. J. C. Penney Co., Inc.
  660 F.2d 720· 8th Cir.· 1981-10-09 ·cited 4×
  The court held that the District Court correctly applied Minnesota law regarding strict liability, negligence, and proximate cause.
• Orazio Albergo v. Hellenic Lines, Inc.
  658 F.2d 66· 2d Cir.· 1981-08-21 ·cited 4×
  The court should uphold the jury verdict finding the vessel negligent for failing to maintain a safe working area, despite the longshoreman's contributory negligence.
• Maesa v. Lopez
  400 So. 2d 563· Fla. 3d DCA· 1981-07-07 ·cited 4×
  Florida appellate court reversed directed verdict for pedestrian and remanded for jury trial on negligence and comparative negligence issues where driver backed into pedestrian without seeing her.