Comparative Negligence

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

• George D. Perlman for City Isles Tr. v. Valdes
  575 So. 2d 216· Fla. 3d DCA· 1990-12-18 ·cited 3×
  The Trust appealed a wrongful death judgment awarded to Jose Valdes and his wife's estate after a speedboat struck an unlighted pier owned by the Trust. The court affirmed the negligence liability finding but reversed and remanded the estate's damages award as excessive, and affi
• The Placido Gardens Condo. Ass'n, Inc. v. Johnson
  563 So. 2d 826· Fla. 2d DCA· 1990-07-06 ·cited 3×
  The appellate court held that the trial court abused its discretion by granting a new trial based on disagreement with the jury's verdict, rather than a finding against the manifest weight of the evidence or improper jury influence.
• In re Standard Jury Instructions (Civil Cases 88-3)
  540 So. 2d 825· Fla.· 1989-03-09 ·cited 3×
  The Florida Supreme Court approved proposed amendments to Florida Standard Jury Instructions (Civil) to implement provisions of the 1986 Tort Reform Act, particularly regarding apportionment of damages by fault in civil cases. The amendments modify instructions on punitive damage
• Ackerman v. Fla. Fed. Sav. & Loan Ass'n
  537 So. 2d 687· Fla. 4th DCA· 1989-01-25 ·cited 3×
  The appellate court affirmed the summary judgment for the defendant, holding that the defendant had no duty to warn of a visible parking bumper and that the plaintiff's own actions were the sole proximate cause of her injuries.
• Urbanak v. Hinde
  497 So. 2d 276· Fla. 3d DCA· 1986-10-07 ·cited 3×
  The court held that federal workers' compensation payments are not considered collateral sources under Florida Statute § 627.7372 and should not be deducted from a jury award.
• McFADDEN v. Renata Fiori
  488 So. 2d 92· Fla. 5th DCA· 1986-04-03 ·cited 3×
  The McFaddens appeal a $39,000 judgment in a slip-and-fall case where the plaintiff, the homeowners' mother-in-law, tripped on a kitchen throw rug. The court reversed, holding that the homeowners were entitled to a directed verdict because the plaintiff knew of the rug's hazardou
• P.H. Glatfelter Co. v. Voith
  784 F.2d 770· 7th Cir.· 1986-02-25 ·cited 3×
  The court held that summary judgment was properly granted on the fraudulent misrepresentation claim because the plaintiff failed to show the defendant acted with scienter (intent to deceive or reckless disregard for the truth). The court also affirmed the limitation of damages to
• Kent Ins. Co. v. Hill
  442 So. 2d 288· Fla. 3d DCA· 1983-11-29 ·cited 3×
• Miceli v. Litton Sys., Inc.
  566 F. Supp. 875· S.D. Fla.· 1983-07-07 ·cited 3×
  A workers' compensation lien holder may recover from a settlement the same percentage of its lien as the plaintiff recovered of the full value of the claim, after attorney fees and costs, unless the plaintiff demonstrates failure to recover full value due to comparative negligenc
• Schoen v. Gilbert
  404 So. 2d 128· Fla. 3d DCA· 1981-04-21 ·cited 3×
  The Florida District Court of Appeal affirmed a summary judgment for the defendant, holding that a landowner owes no duty to warn a social guest about a six-inch floor level change in a dimly lit home, as this is not considered a dangerous condition requiring a warning.
• Hurd v. Munford
  378 So. 2d 86· Fla. 1st DCA· 1979-12-28 ·cited 3×
• Marion v. Cissell
  376 So. 2d 871· Fla. 5th DCA· 1979-10-03 ·cited 3×
  The court held that the trial court erred in instructing the jury to deduct $5,000 from the plaintiff's damages without supporting evidence and in dismissing the insurer from the suit based on an unconstitutional statute.
• Harley-Davidson Motor Co., Inc. v. Carpenter
  350 So. 2d 360· Fla. 2d DCA· 1977-10-05 ·cited 3×
  Harley-Davidson appealed a $48,500 products liability jury verdict in favor of a motorcycle rider injured in an accident allegedly caused by a defective frame. The court affirmed, holding that the plaintiff established the elements of a products liability case and that the verdic
• O'Grady v. Kortie
  338 So. 2d 1306· Fla. 1st DCA· 1976-11-03 ·cited 3×
  The court respectfully declines to answer the certified questions regarding damages and comparative negligence in a wrongful death action.
• Reliable Transfer Co., Inc. v. United States
  522 F.2d 1381· 2d Cir.· 1975-07-31 ·cited 3×
  The court held that liability for damages should be allocated proportionally to the comparative degree of fault, replacing the old admiralty rule of equal division.
• Grant v. RED Lobster Inns OF Am., Inc.
  292 So. 2d 372· Fla. 4th DCA· 1974-04-05 ·cited 3×
• Rouse v. Fla. E. Coast Ry. Co.
  220 So. 2d 632· Fla. 3d DCA· 1969-03-25 ·cited 3×
  Ruby Rouse was struck by a slowly moving freight train owned by Florida East Coast Railway Company, severing both legs below the knees. On appeal from a jury verdict in favor of the defendant, Rouse contended the trial court erred by refusing to instruct the jury on the doctrine
• Turman v. Fla. E. Coast Ry. Co.
  195 So. 2d 604· Fla. 4th DCA· 1967-02-14 ·cited 3×
  The trial court correctly refused to instruct the jury on the comparative negligence statute because it had been declared unconstitutional prior to trial.
• Ilmar Koivunen v. States Line
  371 F.2d 781· 9th Cir.· 1967-01-26 ·cited 3×
  The court held that the evidence presented a genuine issue of fact regarding the plaintiff's contributory negligence, and the jury was entitled to consider it.
• The Greyhound Corp. v. Carswell
  185 So. 2d 171· Fla. 1st DCA· 1966-04-14 ·cited 3×
  Greyhound Corporation appeals a negligence judgment awarded to Cecil Carswell following a bus-automobile collision, arguing the evidence was insufficient to support the verdict. The Florida appellate court affirmed, holding that conflicting evidence on key factual issues regardin
• Little v. Littlefield
  311 F.2d 885· 5th Cir.· 1962-12-27 ·cited 3×
  The court held that the jury's finding that the driver was not the owner's agent was warranted by the evidence, resolving the issue of imputed negligence.
• Coley B. Riles v. Hege
  133 So. 2d 84· Fla. 2d DCA· 1961-08-09 ·cited 3×
• Sharpe v. Aqua Sys., Inc.
  153 Fla. 154· Fla.· 1943-06-11 ·cited 3×
  An employee sued a truck driver for injuries sustained when he stepped directly in front of a moving truck after exiting a bus mid-block. The Florida Supreme Court affirmed summary judgment for the defendant, holding that the plaintiff's failure to exercise reasonable care for hi
• La. & Ark. Ry. Co. v. Smith
  133 F.2d 436· 8th Cir.· 1943-02-11 ·cited 3×
  The court held that the plaintiff's own negligence in failing to look for an approaching train when he had a clear view was the proximate cause of the accident, notwithstanding the railroad's failure to give statutory signals.
• Crecelius v. Rizzitano
  2026 WL 555031· Fla. 6th DCA· 2026-02-27 ·cited 2×
  The Florida Sixth District Court of Appeal holds that trial courts may strictly enforce case management deadlines for expert witness disclosure without first finding prejudice to the opposing party, rejecting sister courts' interpretation of Binger v. King Pest Control as requiri
• Barus v. City of Jacksonville
  285 F. Supp. 3d 648· M.D. Fla.· 2025-06-16 ·cited 2×
  The court held that a motion to strike an affirmative defense should be granted if the defense is patently frivolous or clearly invalid as a matter of law, but not if it can be treated as a denial or if factual support can be obtained through discovery.
• Muurahainen v. TJX Cos. Inc.
  397 So. 3d 205· Fla. 5th DCA· 2024-11-15 ·cited 2×
  Summary judgment was improper where video evidence from multiple camera angles did not conclusively and completely negate the plaintiff's sworn testimony that her view of the cart was obstructed and she was unaware of its presence until tripping over it, creating triable issues o
• Davis v. Little Giant Ladder Sys., LLC
  2011 WL 833260· M.D. Fla.· 2022-08-31 ·cited 2×
  The court granted and denied various motions in limine, excluding evidence of unrelated incidents, certain recall information, and prior dismissed claims, while allowing evidence related to exemplar ladders and ANSI standards.
• Kempton v. McComb
  264 So. 3d 1180· Fla. 5th DCA· 2019-03-01 ·cited 2×
  To invoke section 768.36's alcohol defense that completely bars a plaintiff's recovery, the jury must find not only that the plaintiff was more than 50 percent at fault and impaired, but also that the plaintiff's fault resulted as a consequence of the alcoholic beverage's influen
• Amerisure Ins. Co. v. Rodriguez
  242 So. 3d 481· Fla. 3d DCA· 2018-04-04 ·cited 2×
  A party seeking certiorari review must demonstrate irreparable harm, which requires showing material injury that cannot be corrected on post-judgment appeal; the mere possibility of future harmful discovery orders or trial consolidation is insufficient to establish irreparable ha
• Davison v. Berg
  243 So. 3d 489· Fla. 1st DCA· 2018-03-22 ·cited 2×
  Under Florida's strict liability dog statute (section 767.01), generic dog park rules do not constitute the statutory "Bad Dog" sign defense, and assumption of risk cannot bar liability but must instead be presented to a jury as a comparative negligence issue under section 767.04
• Edwards v. Jeffrey Rosen, M.D.
  189 So. 3d 177· Fla. 2d DCA· 2016-01-29 ·cited 2×
  The Edwards family appealed a jury verdict in favor of Dr. Rosen following a medical malpractice trial concerning the death of Mary Edwards. The court reversed and remanded for a new trial, holding that Dr. Rosen's counsel engaged in procedural gamesmanship by amending a Fabre de
• Shaver v. Carpenter
  157 So. 3d 305· Fla. 2d DCA· 2014-11-26 ·cited 2×
  In a negligence action arising from a motorcycle-car collision, the jury awarded damages to the plaintiffs (Carpenters) and found the defendant (Shaver) 95% at fault. The appellate court reversed and remanded for a new trial because the trial court committed two evidentiary error
• Julissa DeLEON v. Dollar Tree Stores, Inc.
  98 So. 3d 96· Fla. 4th DCA· 2012-07-12 ·cited 2×
  Genuine issues of material fact existed regarding the store's negligence and the plaintiff's awareness of the hazard, precluding summary judgment.
• Cont'l Fla. Materials Inc. v. Kusherman
  91 So. 3d 159· Fla. 4th DCA· 2012-04-25 ·cited 2×
  In this construction site accident case, the trial court granted summary judgment for the plaintiff flagman against the cement truck driver and subcontractor, precluding apportionment of fault to other parties. The appellate court reversed, holding that Florida's comparative faul
• Regions Bank v. Cap. Square, Inc.
  83 So. 3d 900· Fla. 3d DCA· 2012-02-22 ·cited 2×
  Regions Bank appeals a jury verdict awarding Pass Sklar damages for negligent handling of diverted rent checks. The appellate court reverses and remands solely on the issue of comparative fault apportionment, holding that the trial court erred in refusing to give Fabre instructio
• Trevino v. Mobley
  63 So. 3d 865· Fla. 5th DCA· 2011-06-10 ·cited 2×
  In this wrongful death appeal arising from a fatal vehicular accident, the Florida Fifth District Court of Appeal affirmed the jury's verdict against Javier Trevino for compensatory and punitive damages, but reversed the trial court's directed verdict dismissing negligent entrust
• State v. Torres
  60 So. 3d 560· Fla. 2d DCA· 2011-05-06 ·cited 2×
  The appellate court reversed a downward departure sentence for DUI manslaughter, finding the trial court erred in applying the 'willing participation' mitigator and remanding for reconsideration of other potential grounds.
• Royal Caribbean Cruises, Ltd. v. COX
  60 So. 3d 418· Fla. 3d DCA· 2011-02-23 ·cited 2×
• Hirst v. Segrest Farms, Inc.
  12 So. 3d 1257· Fla. 2d DCA· 2009-06-26 ·cited 2×
  Theodore Hirst suffered severe injuries when a truck exiting a service station ran over him on his bicycle. The trial court granted a directed verdict for the defendants on liability, but the appellate court reversed, holding that the conflicting evidence regarding the driver's a
• Hennis v. City Tropics Bistro, Inc.
  1 So. 3d 1152· Fla. 5th DCA· 2009-01-23 ·cited 2×
  Randall Hennis sued City Tropics Bistro for negligent security after being injured in a parking lot altercation. The trial court allowed the jury to apportion fault among Hennis, his opponent Brad Betten, and City Tropics under Florida's comparative fault statute. Hennis appeals,
• Selby v. Yacht Starship, Inc.
  624 F. Supp. 2d 1367· M.D. Fla.· 2008-08-20 ·cited 2×
  The court held that the plaintiff's duties aboard the vessel, including general cleaning and maintenance, qualified as service rendered primarily as an aid in the operation of the vessel as a means of transportation, thus falling under the seaman exemption to the FLSA's overtime
• Pines Learning Ctr., Inc. v. Shipman
  979 So. 2d 1143· Fla. 4th DCA· 2008-04-16 ·cited 2×
  Parents of a student who died from a seizure at school appealed a jury verdict in favor of the school, arguing the school failed to perform CPR. The trial court granted their motion for new trial but failed to provide written reasons as required by rule, leading to multiple appea
• Joseph Algie & Stephanie Algie v. Lennar Corp.
  969 So. 2d 1135· Fla. 4th DCA· 2007-11-14 ·cited 2×
  Joseph Algie sued Lennar Corporation for negligent construction after slipping and falling at a model home. The jury returned a no liability verdict for Lennar, but the appellate court reversed and remanded for a new trial, finding the trial court abused its discretion by failing
• Frasher v. Whitehurst Fam., Inc.
  948 So. 2d 36· Fla. 3d DCA· 2006-12-20 ·cited 2×
  Carol and Scott Frasher appealed a judgment in a negligence case after Carol slipped on an algae-covered boat ramp on Whitehurst's property. The jury found Whitehurst 25% negligent but awarded only economic damages, awarding zero for non-economic damages despite evidence of signi
• Jule Urban Cybroski v. Wright
  927 So. 2d 1089· Fla. 4th DCA· 2006-05-17 ·cited 2×
  A guardian appeals a summary judgment dismissing a negligence action against a parent for failing to ensure her child wore a seat belt. The court holds that Florida's Safety Belt Law does not eliminate a parent's common law duty of care to protect their child from harm, and that
• Greer v. S.V.T., Inc.
  913 So. 2d 1275· Fla. 5th DCA· 2005-11-18 ·cited 2×
  Kristina Greer appealed a products liability judgment in her favor against S.V.T., Inc., arguing trial errors deprived her of fair jury consideration. The court reversed and remanded for a new trial due to the erroneous submission of a comparative negligence defense to the jury t
• Hartley v. Flora
  911 So. 2d 1277· Fla. 4th DCA· 2005-10-05 ·cited 2×
• Colin Orpe v. Carnival Corp. & Gary Ferris
  909 So. 2d 929· Fla. 3d DCA· 2005-08-03 ·cited 2×
  Colin Orpe appeals a negligence judgment after the trial court excluded his sole liability expert's testimony regarding ship safety measures. The appellate court reversed, holding that the expert was qualified and the subject matter was appropriate for expert testimony, and that
• DO & CO Miami Catering, Inc. v. Chapman
  899 So. 2d 1236· Fla. 3d DCA· 2005-04-20 ·cited 2×
  The trial court did not err in granting a directed verdict on the seat belt defense because the defendant failed to present evidence of a causal relationship between the plaintiff's injury and the failure to wear a seat belt.