Comparative Negligence

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

• Bryant Murphy v. Tivoli Enters.
  953 F.2d 354· 8th Cir.· 1992-01-06 ·cited 2×
  The court held that while admitting telephone testimony and failing to provide a meaningful opportunity for counsel to object to a jury instruction response were errors, they did not constitute prejudicial error requiring reversal.
• Domenico De Sole v. United States
  947 F.2d 1169· 4th Cir.· 1991-10-29 ·cited 2×
  The court held that the district court erred in dismissing the complaint at the 12(b)(6) stage, as assumption of risk is not generally applicable to collisions in maritime racing and the complaint sufficiently alleged gross negligence.
• Lash v. Cutts
  943 F.2d 147· 1st Cir.· 1991-09-05 ·cited 2×
  The court held that the jury instruction regarding imputation of parental negligence was a permissible statement of Maine law, and the erroneous 'rule of the road' instruction did not constitute plain error because no timely objection was made.
• Ashworth v. United States
  772 F. Supp. 1268· S.D. Fla.· 1991-08-27 ·cited 2×
  The court held that Seaman Nellis was acting within the scope of his employment when the accident occurred, and that the Ashworths were not comparatively negligent, entitling plaintiffs to summary judgment on liability.
• Osie Cook, Jr. v. Navistar Int'l Transp. Corp.
  940 F.2d 207· 7th Cir.· 1991-08-05 ·cited 2×
  The court held that the district court's evidentiary rulings, while potentially erroneous in some instances, did not constitute reversible error and that the defective notice of appeal did not deprive the court of jurisdiction.
• State Farm Mut. Ins. Co. v. Koster
  582 So. 2d 735· Fla. 3d DCA· 1991-07-09 ·cited 2×
  State Farm appeals an award of attorney's fees to an insured who rejected a settlement offer and recovered significantly less at trial in an uninsured motorist coverage dispute. The court reverses the attorney's fees award and remands for consideration of sanctions against the in
• McCULLOUGH v. Consol. Rail Corp.
  937 F.2d 1167· 6th Cir.· 1991-07-08 ·cited 2×
  The court held that amending a jury verdict to reflect its true intended amount, when all jurors agree it was a mistake in transmission and the inquiry is limited to the intended verdict, does not violate FRE 606(b).
• Williams v. Beckham & McALILEY, P.A.
  582 So. 2d 1206· Fla. 2d DCA· 1991-06-19 ·cited 2×
  In this legal malpractice case, the Williams family challenged summary judgment in favor of law firm Beckham & McAliley, claiming the firm negligently failed to investigate and prosecute their wrongful death claim arising from their daughter's fatal automobile accident. The court
• Shofner v. Giles
  579 So. 2d 861· Fla. 4th DCA· 1991-05-22 ·cited 2×
  The court held that the final judgment was inconsistent with the jury's verdict regarding damages and comparative negligence, requiring a new trial on damages. Other findings were affirmed.
• Barati v. Aero Indus., Inc.
  579 So. 2d 176· Fla. 5th DCA· 1991-04-11 ·cited 2×
  George Barati appealed a summary judgment dismissing his strict products liability claim against Aero Industries and Crescent Equipment for injuries suffered while repairing a defective tarpaulin-pulling mechanism on a trailer. The court affirmed, holding that although the mechan
• Nakajima Ex Rel. Estate of Nakajima v. United States
  759 F. Supp. 1573· S.D. Fla.· 1991-03-12 ·cited 2×
  The court held that the air traffic controller's negligence in failing to issue traffic advisories and maintain vigilance proximately caused the mid-air collision.
• Fontainebleau Hotel & its workers' Comp. carrier v. Ivory Wilcox
  570 So. 2d 1083· Fla. 3d DCA· 1990-12-04 ·cited 2×
  The Florida appellate court reversed and remanded a workers' compensation carrier's pro rata share determination in a third-party settlement. The court held that the carrier was entitled to 16.76% of the net settlement proceeds rather than 5.89%, finding that the trial court erre
• Morgan Int'l Realty, Inc. v. Dade Underwriters Ins. Agency, Inc.
  571 So. 2d 52· Fla. 3d DCA· 1990-12-04 ·cited 2×
  Morgan International Realty sued Dade Underwriters for negligently failing to procure malicious prosecution insurance coverage. The trial court abused its discretion by failing to clarify jury confusion regarding comparative negligence, which had not been raised as an issue, requ
• First S. Ins. Co. v. Block
  567 So. 2d 960· Fla. 4th DCA· 1990-09-26 ·cited 2×
  First Southern Insurance Company appealed a workers' compensation lien determination where the trial court awarded it 70% of a $600,000 tort settlement based on comparative negligence (failure to wear a seat belt), plus costs. The appellate court affirmed the lien award but reman
• Miyuki Murphy v. City OF Long Beach
  914 F.2d 183· 9th Cir.· 1990-09-14 ·cited 2×
  The court held that a judgment notwithstanding the verdict (JNOV) entered on grounds not raised in the party's motion for directed verdict must be reversed. However, the court affirmed the conditional grant of a new trial, finding no abuse of discretion.
• Fla. E. Coast Ry. Co. & Eddie Davis v. Griffin
  566 So. 2d 1321· Fla. 4th DCA· 1990-08-22 ·cited 2×
  Florida East Coast Railway and train engineer Eddie Davis appealed a wrongful death judgment after a 13-year-old girl was struck by a freight train while crossing railroad tracks. The appellate court reversed and remanded for a new trial because the trial court erred in denying a
• Ricciardelli v. Fla. Fed. Sav. & Loan Ass'n
  564 So. 2d 620· Fla. 4th DCA· 1990-08-01 ·cited 2×
  The appellate court reversed a summary judgment, finding that a jury should decide whether a misaligned parking bumper constituted negligence and comparative negligence. The court noted the bumper's position might be similar to one in a prior case.
• Wyletal v. United States
  907 F.2d 49· 7th Cir.· 1990-07-11 ·cited 2×
  The court affirmed the district court's finding of fifty percent comparative negligence and the award of damages, as the findings were not clearly erroneous.
• Kelman v. Adolph H. Motta, M.D.
  564 So. 2d 147· Fla. 4th DCA· 1990-06-13 ·cited 2×
  Marvin Kelman appealed a jury verdict in favor of Dr. Adolph Motta in a medical malpractice case involving gallbladder surgery. The appellate court affirmed the judgment, finding no reversible error in the trial court's evidentiary rulings, jury instructions, or handling of pretr
• Twila Powers v. Johnson
  562 So. 2d 367· Fla. 2d DCA· 1990-05-18 ·cited 2×
  The court held that the jury's award of only medical expenses, despite a finding of permanent injury and uncontroverted evidence of pain and suffering, was grossly inadequate as a matter of law.
• Kareem Yehia v. Rouge Steel Corp.
  898 F.2d 1178· 6th Cir.· 1990-03-23 ·cited 2×
  The giving of the Peymann instruction was harmless error because the jury's verdict was based on a finding that the vessel was not unseaworthy, not on the Peymann instruction itself.
• Cleveland v. Piper Aircraft Corp.
  898 F.2d 778· 10th Cir.· 1990-03-16 ·cited 2×
  The court held that entry of judgment on the design negligence claim was error because the special verdict form did not allow the jury to compare the negligence of all potential crashworthiness tortfeasors, including non-parties.
• Utica Mut. Ins. Co. v. Impallaria
  892 F.2d 1107· 1st Cir.· 1989-12-29 ·cited 2×
  The court held that Allstate's claims against Impallaria were not 'for premiums' under the policy's exclusion 2(d), and therefore Utica must defend and pay on Impallaria's behalf.
• Fitzgerald v. Cestari
  553 So. 2d 708· Fla. 4th DCA· 1989-11-15 ·cited 2×
  This case involves a dissenting opinion arguing that homeowners may be liable for injuries sustained by a child who ran into an unmarked sliding glass door, as material questions of fact exist regarding the homeowners' duty of care and breach.
• Williams v. Fla. E. Coast Ry. Co. & Leslie Davis
  552 So. 2d 279· Fla. 3d DCA· 1989-11-14 ·cited 2×
  Sherman Williams, severely injured when struck by a train operated by Leslie Davis, appeals the trial court's dismissal of his punitive damages claims. The appellate court reverses, finding the complaint adequately alleged gross negligence and willful misconduct supporting puniti
• Bravo v. Chapkis
  549 So. 2d 798· Fla. 5th DCA· 1989-10-05 ·cited 2×
  The Bravos appealed a summary judgment against them in a personal injury case arising from a head-on collision on a two-lane road. The court reversed, holding that expert testimony about crash damage patterns and inconsistencies in the investigating officer's account created mate
• Gen. Elec. Credit Corp. v. Diezel
  551 So. 2d 520· Fla. 3d DCA· 1989-09-05 ·cited 2×
  General Electric Credit Corporation appealed a jury verdict finding the defendant Island City Flying Service negligent for negligent hiring but apportioning 75% comparative negligence to plaintiff based on its lessee's failure to lock the aircraft. The court affirmed the negligen
• Potts v. Benjamin
  882 F.2d 1320· 8th Cir.· 1989-08-21 ·cited 2×
  The court held that the exclusion of evidence regarding the plaintiff's failure to wear a seatbelt and failure to use child restraint seats was not reversible error, as the defendants failed to make an adequate offer of proof regarding causation for comparative negligence or miti
• Martinello v. B & P USA, Inc.
  545 So. 2d 956· Fla. 4th DCA· 1989-06-28 ·cited 2×
  A 10-year-old child was injured falling from a roof at a construction site. The defendant admitted negligence and breach of duty, but the jury found the child 80% comparative negligent. The appellate court affirmed the comparative negligence finding but reversed and remanded rega
• Valenti v. Surgiteck-Flash Med. Eng'g Corp.
  875 F.2d 466· 5th Cir.· 1989-06-14 ·cited 2×
  The court held that a plaintiff must prove a product was defective to recover under the 'unreasonably dangerous per se' theory, even if the danger to the plaintiff outweighs the product's utility.
• Stifle v. Marathon Petroleum Co.
  876 F.2d 552· 7th Cir.· 1989-05-24 ·cited 2×
  An indemnity agreement is unenforceable if it shifts liability for a party's own negligence, and the value of a surrendered workers' compensation lien should be set off against a judgment.
• Argubright v. Beech Aircraft Corp.
  868 F.2d 764· 5th Cir.· 1989-03-28 ·cited 2×
  A manufacturer has no duty to warn of dangers that are open and obvious to the intended user of the product.
• Lyon v. The Ranger III
  858 F.2d 22· 1st Cir.· 1988-09-22 ·cited 2×
  The court held that the district court's apportionment of fault and finding of negligence were legally correct, affirming the judgment.
• Compressed GAS Corp., Inc. v. United States Steel Corp. & Jack B. Kelley, Inc.
  857 F.2d 346· 6th Cir.· 1988-09-21 ·cited 2×
  The court held that the jury was improperly allowed to find against defendants on fraudulent misrepresentation and lost profits, and that the damages award must be vacated.
• Carlissa Churchill v. The F/V Fjord
  857 F.2d 571· 9th Cir.· 1988-09-14 ·cited 2×
  The court held that the F/V Fjord is not liable in rem because the operator of its skiff was not in lawful possession, and that a state statute imposing unlimited liability is preempted by federal maritime law. The court also affirmed the finding that the lack of lights was not a
• Murray v. Gulfcoast Transit Co.
  529 So. 2d 784· Fla. 2d DCA· 1988-07-29 ·cited 2×
  Murray, a harbor worker employed by GC Services, was injured in a confined, poorly ventilated area of a barge owned by Gulfcoast while attempting to pump out accumulated oil and fuel. The trial court granted summary judgment for Gulfcoast and TECO, but the appellate court reverse
• Mazzeo v. City OF Sebastian
  526 So. 2d 1003· Fla. 4th DCA· 1988-06-15 ·cited 2×
  Mary Rose Mazzeo appealed a jury verdict finding her liable under the doctrine of express assumption of risk after she was injured diving into shallow water at a public park. The Fourth District affirmed the judgment but certified to the Florida Supreme Court the important questi
• Ford v. EL Dorado & Wesson R.R.
  848 F.2d 911· 8th Cir.· 1988-06-08 ·cited 2×
  The court held that the jury instruction on the varying standard of care, when read in context with other instructions and relevant case law, did not improperly instruct the jury on assumption of risk, and the award was not so inadequate as to warrant reversal.
• George v. Brandychase Ltd. P'ship
  841 F.2d 1094· 11th Cir.· 1988-04-06 ·cited 2×
  The court held that the evidence was sufficient to create a jury issue regarding the defendants' negligence and the plaintiff's comparative negligence, precluding summary judgment.
• United States v. Hibernia Nat'l Bank
  841 F.2d 592· 5th Cir.· 1988-04-05 ·cited 2×
  The court held that Hibernia National Bank is liable to the United States for the $220,000 overpayment due to its failure to exercise ordinary care in processing the Treasury check. The judgment against Joseph Rault was vacated and remanded for further clarification.
• Austin v. Raymark Indus., Inc.
  841 F.2d 1184· 1st Cir.· 1988-03-11 ·cited 2×
  The court held that the district court erred in reducing the damage award by the full amount of settlements; the reduction should be equivalent to the settling defendants' proportionate liability.
• Johnson v. Rinker Materials, Inc.
  520 So. 2d 684· Fla. 3d DCA· 1988-03-01 ·cited 2×
  A personal representative of a deceased trespasser sued a cement plant owner for failing to warn of a dangerous sand hill condition that caused the trespasser's fatal ATC accident. The court affirmed summary judgment for the defendant, holding that the landowner owed no duty to w
• Rowlands v. Signal Constr. Co.
  522 So. 2d 59· Fla. 2d DCA· 1988-02-12 ·cited 2×
  Plaintiffs appealed a trial court order requiring them to accept a remittitur or face a new trial on all issues following a jury verdict awarding them $295,450 in damages with comparative negligence findings. The appellate court affirmed the remittitur option but reversed the alt
• Aldana v. Winn-Dixie Stores, Inc.
  517 So. 2d 729· Fla. 3d DCA· 1987-12-15 ·cited 2×
  Teresa Aldana appealed from a jury verdict in a negligence and assault and battery case against Winn-Dixie Stores, Inc., challenging the comparative negligence offset and seeking a new trial on punitive damages. The jury awarded her $75,698.60 in compensatory damages (reduced by
• Blanche Gates v. State of Fla. Dep't of Transp.
  513 So. 2d 1386· Fla. 3d DCA· 1987-10-27 ·cited 2×
• Burdo v. Ford Motor Co.
  828 F.2d 380· 6th Cir.· 1987-09-18 ·cited 2×
  An indemnification provision in a construction contract is not void under Michigan law when the injury is not solely caused by the indemnitee's negligence, even if the indemnitee was partially negligent.
• Mulay Plastics, Inc. v. Grand Trunk W. R.R. Co.
  822 F.2d 676· 7th Cir.· 1987-06-11 ·cited 2×
  The court held that the jury's verdicts were not inconsistent and that there was substantial evidence to support the jury's finding that no defendant was negligent or proximately caused the damage. The award of attorney's fees was also affirmed.
• Coastal Towers Condo. Apts. Ass'n, Inc. v. Trainor
  509 So. 2d 351· Fla. 4th DCA· 1987-06-03 ·cited 2×
  The Fourth District Court of Appeal reversed and remanded for a new trial on liability in a premises liability case involving a condominium resident injured by a fall in an unsafe elevator. The court found the trial judge erred by instructing the jury that the plaintiff had no le
• Cardaman v. Sportatorium, Inc.
  505 So. 2d 31· Fla. 4th DCA· 1987-04-08 ·cited 2×
  A night security guard employed by Sportatorium fell from renovation scaffolding while investigating an unauthorized vehicle on the premises. After a jury verdict in the guard's favor, the trial judge granted a directed verdict for the defendant. The appellate court reversed, hol
• Godwin v. The Feldspar Corp.
  504 So. 2d 521· Fla. 5th DCA· 1987-03-26 ·cited 2×