Comparative Negligence

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

• Gerdom v. Cont'l Airlines, Inc.
  648 F.2d 1223· 9th Cir.· 1981-06-22 ·cited 4×
  The court held that Continental's weight requirements did not have an adverse impact on women as a class, but remanded for consideration of the disparate treatment claim regarding other job classifications.
• Frederick v. Hess OIL V. I. Corp.
  642 F.2d 53· 3d Cir.· 1981-02-26 ·cited 4×
  The court should not affirm the district court's decision because the indemnity agreement was misinterpreted and a key issue regarding indemnity principles was overlooked.
• Duty v. E. Coast Tender Serv., Inc.
  660 F.2d 933· 4th Cir.· 1981-01-23 ·cited 4×
  The court should affirm the district court's ruling, as the negligence per se rule does not apply to licensing statutes.
• Schumer v. Becker
  389 So. 2d 282· Fla. 3d DCA· 1980-10-07 ·cited 4×
  In a comparative negligence case, the trial court improperly questioned a jury after it returned a verdict apportioning damages 80% to the plaintiff-pedestrian and 20% to the defendant-driver. The appellate court reversed and reinstated the original jury verdict, holding that the
• Commercial Union Ins. Co. v. M/V Bill Andrews
  624 F.2d 643· 5th Cir.· 1980-08-21 ·cited 4×
  The court affirmed the district court's allocation of fault and damages, finding no clear error in the factual findings or legal conclusions regarding negligence, indemnity, witness exclusion, or vessel valuation.
• Oakley v. United States
  622 F.2d 447· 9th Cir.· 1980-06-30 ·cited 4×
  The court held that the Federal Tort Claims Act limits interest on judgments against the United States to 4% per annum, and that the government can be held jointly and severally liable for its own negligence causing indivisible injuries.
• Weston v. Globe Slicing Mach. Co.
  621 F.2d 344· 9th Cir.· 1980-06-12 ·cited 4×
  A retail seller cannot recover indemnification for attorney fees and costs from a manufacturer when the seller was not found liable to the plaintiff and incurred defense expenses primarily for its own benefit against allegations of its own wrongdoing.
• Bonita Kuhn v. Grover E. Harless & Travelers Ins. Co.
  390 So. 2d 721· Fla. 4th DCA· 1980-06-11 ·cited 4×
  A defendant against whom a default has been entered cannot contest the percentage of their liability by proving the plaintiff guilty of comparative negligence.
• Wilson v. Wilson
  382 So. 2d 773· Fla. 3d DCA· 1980-04-08 ·cited 4×
  A minor was severely burned when he ignited gasoline he obtained from a neighbor's garage. The jury found both the minor and the landlords negligent, awarding damages. The trial court directed a verdict for the landlords, and the appellate court affirmed, holding that the landlor
• Mollie Cohn v. Surfside Plaza Hotel
  377 So. 2d 44· Fla. 3d DCA· 1979-11-27 ·cited 4×
  A 78-year-old woman was injured after falling over a two-inch hose placed across a public walkway at a hotel property. The trial court granted a directed verdict for the defendant, but the appellate court reversed, holding that the comparative negligence issue should have been su
• Lumbermens Mut. Cas. Co. v. Simon
  375 So. 2d 894· Fla. 4th DCA· 1979-10-17 ·cited 4×
  A workers' compensation insurance carrier appealed an equitable distribution award under Florida's Workmen's Compensation Act. The carrier sought reimbursement from the injured employee's third-party settlement, but the appellate court reversed the trial court's finding of compar
• Doyle v. Exxon Corp.
  592 F.2d 44· 2d Cir.· 1979-01-10 ·cited 4×
• Sheryn Kautz Fietzer and Oward Kautz v. Ford Motor Co.
  590 F.2d 215· 7th Cir.· 1978-11-27 ·cited 4×
  The court held that the jury's finding that the negligent driver's actions were not a cause of the plaintiff's injuries was unreasonable as a matter of law, and that the manufacturer was liable for injuries caused by a defective design.
• Bassett Furniture Indus. OF N.C., Inc. v. NVF Co.
  583 F.2d 778· 5th Cir.· 1978-10-24 ·cited 4×
  The court denied the petition for rehearing and corrected its prior opinion to clarify that the trial court's ruling on lost profits was affirmed, not the jury's finding, and that the case was remanded for a new trial solely on damages.
• Bond-Johnson Exploration, Inc. v. Schlumberger Tech. Corp.
  580 F.2d 391· 10th Cir.· 1978-07-31 ·cited 4×
  The court held that the jury's calculation of comparative negligence was permissible even without explicit instruction, as the arithmetic was clear and supported by stipulated costs.
• Wages v. Snell
  360 So. 2d 807· Fla. 1st DCA· 1978-07-18 ·cited 4×
  Appellants challenged a judgment in a personal injury case arising from a car accident, arguing that mortality tables were inadmissible and that the evidence was insufficient to support a finding of permanent injury. The Florida District Court of Appeal affirmed, holding that the
• Larue v. Nat'l Union Elec. Corp.
  571 F.2d 51· 1st Cir.· 1978-02-22 ·cited 4×
  The court held that the trial court did not err in admitting evidence of a foreign vacuum cleaner model with a safety shield and in submitting the issue of comparative negligence to the jury. The court also affirmed the exclusion of certain expert testimony and psychiatric notes.
• Cont'l INS. Co. & Cnty. of Volusia v. Belflower
  355 So. 2d 840· Fla. 1st DCA· 1978-02-22 ·cited 4×
  Florida appellate court reversed a $10,000 judgment against Volusia County for injuries from a concrete slab on a dirt road, holding that the evidence was insufficient to establish the county's duty to maintain the road because the statutory presumption of dedication under Fla. S
• Blythe v. Williams
  356 So. 2d 334· Fla. 4th DCA· 1978-02-21 ·cited 4×
  A diver injured his head while using a cable swing at a campground swimming hole. The trial court granted summary judgment for the campground defendants, but the appellate court reversed, finding that factual disputes regarding negligence and comparative fault precluded summary j
• Jones v. Auburn Mach. Works Co., Inc.
  353 So. 2d 917· Fla. 2d DCA· 1977-12-28 ·cited 4×
  Appellants Jones sued machinery manufacturer Auburn for injuries sustained when Jones' foot became entangled in an unguarded trenching device, resulting in amputation of his leg. The trial court granted summary judgment for Auburn, but the appellate court reversed, holding that m
• Trejo v. The Denver & RIO Grande W. R.R. Co.
  568 F.2d 181· 10th Cir.· 1977-12-27 ·cited 4×
  The court held that erroneous jury instructions regarding damages, particularly the inclusion of special damages without sufficient evidence and the failure to instruct on mitigation of damages, required reversal and remand for a new trial solely on the issue of damages.
• Margo A. Mosca v. Middleton
  342 So. 2d 986· Fla. 3d DCA· 1977-02-01 ·cited 4×
• Murphy v. Nat'l R.R. Passenger Corp.
  547 F.2d 816· 4th Cir.· 1977-01-18 ·cited 4×
  The court held that restricting expert witness testimony on qualifications and excluding evidence relevant to damages constituted prejudicial error requiring a new trial.
• Newman v. Mo. Pac. R.R. Co. & J. I. Brown, Jr.
  545 F.2d 439· 5th Cir.· 1977-01-13 ·cited 4×
  The court should have found the plaintiff's negligence to be the sole proximate cause of the collision, not the railroad's.
• Murphy v. Woods Hole
  545 F.2d 235· 1st Cir.· 1976-09-30 ·cited 4×
  The dissenting judge would hold that the employer's negligence can be a basis for recovery by an employee, notwithstanding Section 5 of the Act, based on prior Supreme Court precedent.
• Riske v. Truck Ins. Exch.
  541 F.2d 768· 8th Cir.· 1976-09-16 ·cited 4×
  The court held that the insurer's arguments regarding damages, the admissibility of the settlement agreement, jury instructions, and pre-judgment interest were unavailing, affirming the trial court's judgment.
• Kapchuck v. Orlan
  332 So. 2d 671· Fla. 3d DCA· 1976-05-25 ·cited 4×
  Betty Kapchuck appeals a $3,000 jury verdict for injuries sustained in a rear-end automobile accident, challenging the admission of evidence regarding subsequent impacts to her abandoned vehicle and arguing the damages award was grossly inadequate. The appellate court affirms the
• Fla. E. Coast Ry. Co. v. Lawrence
  328 So. 2d 249· Fla. 4th DCA· 1976-02-27 ·cited 4×
  Florida East Coast Railway Company appeals a jury verdict awarding damages to the widow of a man killed in a car-train accident at a railroad crossing. The appellate court reversed, finding the trial court erroneously admitted evidence of gate malfunctions at other railroad cross
• Etheridge v. Firemen's Fund Ins. Co. & Plymouth Van Lines, Inc.
  319 So. 2d 643· Fla. 3d DCA· 1975-10-07 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the plaintiff's motion to interview jurors, as the evidence presented was insufficient to establish reversible error.
• Roberts v. Carter
  316 So. 2d 640· Fla. 4th DCA· 1975-06-13 ·cited 4×
  The court held that a modified stock car used exclusively for racing is not an 'automobile' as defined by the insurance policy, and thus the insurer is liable for coverage. The court also affirmed the award of attorney's fees and the denial of an assumption of risk instruction.
• Burton Goldberg v. McCABE
  313 So. 2d 47· Fla. 3d DCA· 1975-05-27 ·cited 4×
  Florida appellate court reversed summary judgment for plaintiff on liability in premises liability case, holding that negligence is a jury question when facts are close and disputed.
• Billman v. Nat'l Merchandise Co., Inc.
  311 So. 2d 403· Fla. 1st DCA· 1975-04-21 ·cited 4×
• Ewell Eng'g & Contracting Co. v. Tam Finley Cato
  310 So. 2d 437· Fla. 4th DCA· 1975-03-27 ·cited 4×
  Florida appellate court reversed dismissal of third-party complaint, holding that third-party plaintiffs may proceed under established procedures without waiting for speculative apportionment remedies.
• State Farm Mut. Auto. Ins. Co. v. Beach
  309 So. 2d 179· Fla. 1st DCA· 1975-03-17 ·cited 4×
  State Farm appeals an equitable distribution order requiring it to reimburse an accident claimant $500 under Florida's Automobile Reparations Reform Act. The court affirms, finding that without clear jury verdict findings on comparative negligence, the trial court's equitable dis
• Thomas v. McDONALD and Eunice R. McDonald
  309 So. 2d 192· Fla. 1st DCA· 1975-03-14 ·cited 4×
  This appeal addresses whether a landlord who retains control over repairs remains liable to a third-party invitee injured on the demised premises due to an alleged dangerous condition, even after delivering possession to the tenant. The court reversed summary judgment, holding th
• Ebbin A. LEE and Joyce Jacquelyn Lee v. Louisville & Nashville R.R. Co.
  308 So. 2d 157· Fla. 1st DCA· 1975-02-20 ·cited 4×
  Appellants appealed a wrongful death judgment rendered under the old contributory negligence rule, raising for the first time on appeal whether the new comparative negligence rule adopted in Hoffman v. Jones should apply. The court held that an appellate court reviews cases under
• Inez Wilson v. ST. Louis & SAN Francisco R.R. Co.
  309 So. 2d 604· Fla. 1st DCA· 1975-01-21 ·cited 4×
  The widow of a man killed in a train collision sued the railroad for wrongful death and loss of services. The trial court applied estoppel by judgment to bar her individual suit based on an earlier jury verdict against the estate's administratrix. The appellate court reversed, ho
• Earnest H. Neveaux v. Cent. Gulf S.S. Corp.
  503 F.2d 961· 5th Cir.· 1974-11-07 ·cited 4×
  The court held that the trial court did not err in its jury charge, exclusion of evidence, or denial of directed verdicts, and affirmed the judgment for the defendant.
• Stanford G. Scott v. Fluor Ocean Servs., Inc.
  501 F.2d 983· 5th Cir.· 1974-10-04 ·cited 4×
  The jury's finding of 75% contributory negligence is supported by sufficient evidence and will not be overturned.
• Gustav Glecer v. Fletcher
  299 So. 2d 134· Fla. 3d DCA· 1974-06-26 ·cited 4×
  In this negligence action arising from an automobile accident, the trial court reinstated the jury's first verdict after the jury had rejected it and returned a second verdict before it was formally published. The Florida appellate court reversed, holding that a jury may amend it
• Shephard v. Azzarelli Constr. Co.
  294 So. 2d 667· Fla. 2d DCA· 1974-05-22 ·cited 4×
  Natalie Shephard appealed a summary judgment in favor of Azzarelli Construction Co. after she was injured in a traffic collision. She sued the construction company alleging its parked trucks blocked her vision of the intersection, but the court affirmed the summary judgment becau
• Prot. Mar. Ins. Co. Ltd. v. United States
  496 F.2d 4· 6th Cir.· 1974-04-26 ·cited 4×
  The court held that the owner's failure to prove negligence by the United States, coupled with the owner's own negligence, supported the dismissal of the claim.
• Christmas v. Seaboard Coastline R.R. Co.
  294 So. 2d 384· Fla. 2d DCA· 1974-04-19 ·cited 4×
  In this wrongful death case arising from a railroad crossing collision, the Florida District Court of Appeal affirmed the trial court's directed verdict for the railroad company, holding that evidence of prior accidents at the crossing was properly excluded because the prior acci
• Orfaly v. Jeffries
  290 So. 2d 575· Fla. 3d DCA· 1974-02-27 ·cited 4×
  The court held that an oral request for a comparative negligence charge was sufficient to properly raise the issue, allowing for retrospective application of Hoffman v. Jones.
• John v. Bertrand
  489 F.2d 293· 5th Cir.· 1973-12-27 ·cited 4×
  The court held that Louisiana's contributory negligence rule, not federal maritime comparative negligence, applied to the accident, and the evidence did not support a jury instruction on the last clear chance doctrine.
• Smith v. Clayton & Lambert Mfg. Co.
  488 F.2d 1345· 10th Cir.· 1973-12-17 ·cited 4×
  The court held that assumption of risk is a valid defense to strict liability claims in Utah and that the jury's finding of assumption of risk was supported by sufficient evidence. The court also affirmed the trial court's decision not to instruct the jury on negligence, finding
• Williams v. Seaboard Airline R.R. Co.
  283 So. 2d 33· Fla.· 1973-07-31 ·cited 4×
  A personal injury plaintiff who won a jury verdict for $141,750 in a railroad crossing accident case sought review of a District Court decision that reversed on retrial and entered judgment for the defendant. The Florida Supreme Court reinstated the original judgment, holding tha
• Perez v. Seaboard Coast Line R.R. Co.
  277 So. 2d 825· Fla. 3d DCA· 1973-05-15 ·cited 4×
  In this personal injury case arising from a train-automobile collision at a crossing, the plaintiff appeals a jury verdict in favor of the railroad, challenging the trial court's refusal to instruct on the doctrine of last clear chance and the court's response to a jury question
• Powers v. Cherry E. Wong and K. C. Wong
  477 F.2d 116· 8th Cir.· 1973-03-13 ·cited 4×
  The court held that there was insufficient evidence of the plaintiff's contributory negligence to submit that issue to the jury.
• Gertz v. McCARTY
  450 F.2d 1104· 9th Cir.· 1971-11-04 ·cited 4×
  The court held that the trial court's finding of no negligence was not clearly erroneous and affirmed the judgment.