Comparative Negligence

2,641 Florida cases classified under this topic, plus 374 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Metro. Dade Cnty. v. Yelvington
  392 So. 2d 911· Fla. 3d DCA· 1980-05-13 ·cited 54×
  Mrs. Yelvington slipped on an algae-coated boat launching ramp at a county recreational facility and sued for damages. The jury found her 60% negligent but awarded damages under Florida's comparative negligence doctrine. The court affirmed, rejecting the county's arguments that i
• Ry. Express Agency, Inc. v. Haskell V. Fulmer
  227 So. 2d 870· Fla.· 1969-11-12 ·cited 54×
  Railway Express Agency challenges a District Court decision reversing a judgment in a personal injury case arising under Florida's hazardous occupations statute. The Florida Supreme Court affirmed the reversal, holding that a trial court's inadvertent omission of a comparative ne
• Bankston v. Brennan
  507 So. 2d 1385· Fla.· 1987-05-21 ·cited 53×
  The Florida Supreme Court held that Section 768.125 does not create a cause of action against a social host for injuries caused by an intoxicated minor. The statute was enacted to limit existing vendor liability for illegal sales to minors, not to establish new liability for soci
• Payne v. Broward Cnty.
  461 So. 2d 63· Fla.· 1984-09-13 ·cited 53×
  The Florida Supreme Court held that Broward County did not have a duty to warn pedestrians or install safety measures at an intersection that was still under development, even though the county had decided to eventually install a traffic light. The court concluded that the inters
• McCABE v. Walt Disney World Co.
  350 So. 2d 814· Fla. 4th DCA· 1977-10-11 ·cited 53×
  The court held that summary judgment was improperly granted because material issues of fact existed regarding the defendant's negligence and the plaintiff's comparative negligence.
• Hill v. Texaco, Inc.
  674 F.2d 447· 5th Cir.· 1982-04-30 ·cited 52×
  A shipowner is not liable for injuries to an independent contractor's employee when the injury arises from a condition the contractor was hired to inspect or repair, and the shipowner lacked knowledge of the contractor's unsafe work practices.
• Loose v. Offshore Navigation, Inc.
  670 F.2d 493· 5th Cir.· 1982-03-04 ·cited 52×·via Comparative Fault
  A jury verdict must be set aside if the seaman's lawyer improperly invoked the 'Golden Rule' in closing arguments, and indemnity issues must be reconsidered under comparative fault principles, not active-passive negligence.
• Kirton v. Fields
  997 So. 2d 349· Fla.· 2008-12-11 ·cited 51×
  The Florida Supreme Court held that parents cannot execute pre-injury releases on behalf of minor children for participation in commercial activities, as such releases are unenforceable as against public policy and violate the state's parens patriae duty to protect children's sub
• Casby v. Flint
  520 So. 2d 281· Fla.· 1988-02-25 ·cited 51×
  The Florida Supreme Court held that a homeowner has no duty to warn invitees of changes in floor levels that are obscured by dim lighting or an excessive number of people, as such conditions are commonplace and not inherently dangerous. The court affirmed the dismissal of neglige
• Lucas v. United States
  807 F.2d 414· 5th Cir.· 1986-12-24 ·cited 51×
  The court held that the Texas statutory cap on nonmedical damages in medical malpractice actions applies to federally operated hospitals under the Federal Tort Claims Act and that the cap does not violate the federal Constitution. The court certified the question of the cap's con
• Dick Reeser and Margaret Reeser v. Boats Unlimited, Inc.
  432 So. 2d 1346· Fla. 4th DCA· 1983-05-04 ·cited 51×
  The Reesers appealed from a jury verdict in a products liability case involving injuries sustained when a jet-drive boat allegedly started while in gear due to a missing safety switch. The Fourth District reversed and remanded due to the trial court's erroneous admission of preju
• Joyce v. Atl. Richfield Co.
  651 F.2d 676· 10th Cir.· 1981-03-26 ·cited 51×
  The court held that the trial court erred in failing to provide separate jury instructions and findings for the claim of failure to provide swift and adequate medical care, necessitating a retrial on all Jones Act claims, but affirmed the liability determination under the unseawo
• Lindsay v. McDONNELL Douglas Aircraft Corp.
  460 F.2d 631· 8th Cir.· 1972-05-10 ·cited 51×
  The court held that the Death on the High Seas Act incorporates federal maritime law, which includes the doctrine of strict liability in tort, and that a plaintiff need not prove a specific defect but can rely on circumstantial evidence.
• Atl. Coast Line R.R. Co. v. Weir
  63 Fla. 69· Fla.· 1912-01-01 ·cited 51×
  The Florida Supreme Court reversed a judgment awarding $1,000 damages to an automobile owner whose vehicle was struck by a negligently operated train at a railroad crossing. The court held that while the railroad was negligent in failing to sound warning signals, the automobile o
• Ridley v. Safety Kleen Corp.
  693 So. 2d 934· Fla.· 1996-05-30 ·cited 50×
  The Florida Supreme Court held that when a defendant raises evidence of a plaintiff's failure to wear a seat belt under Florida's safety belt law, the trial court must instruct the jury that violation of the statute constitutes evidence of negligence, and that the seat belt defen
• Eugene v. Thezan
  708 F.2d 175· 5th Cir.· 1983-06-27 ·cited 50×
  The court affirmed the district court's judgment, finding no merit to the appellant's contentions regarding unseaworthiness, contributory negligence, jury instructions, or damages.
• Avery v. Maremont Corp.
  628 F.2d 441· 5th Cir.· 1980-10-20 ·cited 50×·via Comparative Fault
  The court held that the manufacturer was not entitled to a 50% reduction of the judgment based on a prior settlement with a negligent installer, but the judgment must be reduced by the settlement amount. The court also affirmed the judgment notwithstanding the verdict on the dece
• Zambito v. Southland Rec. Enters., Inc.
  383 So. 2d 989· Fla. 2d DCA· 1980-05-28 ·cited 50×
  The Zambitos appealed a dismissal of their negligence complaint arising from a fall at a roller skating facility, claiming the trial court improperly applied a patent danger defense based on the plaintiff's knowledge of hazards. The Second District reversed, holding that comparat
• Seaboard Coast Line R.R. Co. v. COX
  338 So. 2d 190· Fla.· 1976-05-19 ·cited 50×
  Estoppel by judgment applies to derivative wrongful death actions where the real parties in interest are identical and the issues concerning the defendant's liability are identical, even though the actions arise from deaths of different persons in the same incident. The railroad'
• Hans Peymann v. Perini Corp.
  507 F.2d 1318· 1st Cir.· 1974-11-22 ·cited 50×
  The jury verdict for the defendant on the unseaworthiness count rendered moot the plaintiff's claim regarding the negligence count, as both theories relied on the same deficiencies and causation standards.
• Alphonse CYR, Jr. v. B. Offen & Co., Inc.
  501 F.2d 1145· 1st Cir.· 1974-07-18 ·cited 50×
  The court held that New Hampshire law permits contributory negligence and assumption of risk as defenses to strict liability claims, and that a successor corporation can be held liable for its predecessor's torts if there is sufficient continuity of business operations. The court
• Emmett E. Page v. ST. Louis Sw. Ry. Co.
  349 F.2d 820· 5th Cir.· 1965-08-10 ·cited 50×
  The court held that evidence of a railroad pension is inadmissible under the collateral source rule in FELA cases, and that a single standard of causation should apply to both the employee's claim and the railroad's defense of contributory negligence.
• United States v. Gavagan
  280 F.2d 319· 5th Cir.· 1960-07-22 ·cited 50×·via Comparative Fault
  The Government is liable under the Federal Tort Claims Act for negligent acts or omissions in the coordination of a maritime rescue operation, even if the activity is uniquely governmental.
• Seaboard Air Line Railway v. Eb. Moseley
  60 Fla. 186· Fla.· 1910-06-01 ·cited 50×
  In this wrongful death action under Florida's section 3147 statute, Moseley recovered $2,500 for his minor daughter's death caused by Seaboard Air Line Railway's train. The Supreme Court affirmed, holding that a parent may sue in personal capacity for loss of services and mental
• Pierce v. Progressive Am. Ins. Co.
  582 So. 2d 712· Fla. 5th DCA· 1991-06-27 ·cited 49×
  Pierce, operating a motorcycle, was struck from behind by Tiroff's car in a chain-collision on Highway 50. The court affirmed summary judgment for Progressive Insurance and its agent, holding that Pierce failed to rebut the presumption of negligence against rear-end drivers becau
• Alkmeon Naviera, S.A. v. M/V "Marina L
  633 F.2d 789· 9th Cir.· 1980-11-18 ·cited 49×
  The court held that the Theokeetor's maneuvering was proper under Rule 16(c) and that the Marina L's maneuvering was improper, affirming the district court's apportionment of fault. However, the court reversed the denial of prejudgment interest, remanding for its determination.
• Guidry v. S. La. Contractors, Inc.
  614 F.2d 447· 5th Cir.· 1980-03-24 ·cited 49×
  The court held that the jury's findings on Jones Act status and employer liability were not properly presented, requiring a new trial on those issues. However, the trial court correctly directed a verdict for Messina on Jones Act status and dismissed indemnity claims.
• Tenn. Valley Sand & Gravel Co. v. M/V Delta
  598 F.2d 930· 5th Cir.· 1979-07-11 ·cited 49×·via Comparative Fault
• Hess v. Upper Miss. Towing Corp. & Penlatex Barge Lines, Inc.
  559 F.2d 1030· 5th Cir.· 1977-09-23 ·cited 49×
  The court held that the Longshoremen's and Harbor Workers' Compensation Act provides the exclusive remedy for the plaintiff's injuries, precluding negligence suits against the vessel owner.
• Jones v. Hoffman
  272 So. 2d 529· Fla. 4th DCA· 1973-02-08 ·cited 49×
  The Fourth District Court of Appeal rejected Florida's common law doctrine of contributory negligence in favor of comparative negligence, holding that a plaintiff's negligence should diminish rather than bar recovery. This landmark decision arose from a wrongful death action foll
• Tampa Elec. Co. v. Katheryn Merle Bazemore
  85 Fla. 164· Fla.· 1923-02-13 ·cited 49×
  A young child was struck and run over by a Tampa Electric Company street car, resulting in the amputation of her arm. The company appealed a $15,500 jury verdict, arguing insufficient evidence of negligence and improper jury instructions. The Florida Supreme Court affirmed the ve
• Farnsworth v. Tampa Elec. Co.
  62 Fla. 166· Fla.· 1911-06-01 ·cited 49×
  Farnsworth sued Tampa Electric Company for damages from a collision between the company's electric streetcar and his automobile at an intersection in Tampa. The Florida Supreme Court reversed the trial court's judgment for the defendant, holding that the jury instructions imprope
• The City of Tallahassee v. Justus R. Fortune
  3 Fla. 19· Fla.· 1850-01-01 ·cited 49×
  The Florida Supreme Court held that a municipal corporation (City of Tallahassee) can be sued for tort liability for nonfeasance in maintaining a public highway. The court affirmed judgment against the city for damages when the plaintiff's mare fell into a dangerous ditch that th
• Lisanti v. City OF Port Richey
  787 So. 2d 36· Fla. 2d DCA· 2001-02-21 ·cited 48×
  Brenda Lisanti appeals a summary judgment dismissing her negligence claim against the City of Port Richey for injuries sustained when she struck a rock and fell into a pothole on a city-maintained roadway. The appellate court reversed, finding disputed issues of material fact reg
• Eppler v. Tarmac Am., Inc.
  752 So. 2d 592· Fla.· 2000-02-17 ·cited 48×
  The Florida Supreme Court held that testimony of a sudden, unexpected stop immediately after starting forward in bumper-to-bumper traffic constitutes sufficient evidence to overcome the presumption of negligence that attaches to the rear driver in a rear-end collision. The court
• Allstate Ins. Co. v. Myrda Manasse
  681 So. 2d 779· Fla. 4th DCA· 1996-09-25 ·cited 48×
  A jury found that an 18-year-old plaintiff sustained a permanent injury from an automobile accident and awarded past noneconomic damages and future medical expenses, but awarded zero future noneconomic damages. The Fourth District reversed the verdict as inadequate as a matter of
• Moore v. Taylor Concrete & Supply Co., Inc.
  553 So. 2d 787· Fla. 1st DCA· 1989-12-20 ·cited 48×
  Jacqueline Moore appeals a jury verdict finding her 52% negligent in a motor vehicle accident with a Taylor Concrete truck, claiming various evidentiary and closing argument errors. The court reverses and orders a new trial due to highly prejudicial questioning suggesting the tru
• Borenstein v. Raskin
  401 So. 2d 884· Fla. 3d DCA· 1981-07-21 ·cited 48×
  The court held that the trial court erred in instructing the jury on comparative negligence because there was no evidence that the plaintiff's delay in seeking treatment was a proximate cause of her damages.
• S. C. Loveland, Inc. v. E. W. Towing, Inc.
  608 F.2d 160· 5th Cir.· 1979-12-12 ·cited 48×
  The court affirmed the lower court's apportionment of fault and finding of liability, including the State of Florida's comparative negligence for failing to take reasonable steps to prevent the collision.
• Donner v. Arkwright-Boston Mfrs. Mut. Ins. Co.
  358 So. 2d 21· Fla.· 1978-04-06 ·cited 48×
  The Florida Supreme Court held that the common law defense of assumption of risk has been superseded by the statutory defenses enumerated in Florida's dog bite statute (§ 767.04), and that trial courts may not instruct juries on assumption of risk as a separate defense in dog bit
• Brown v. Ivarans Rederi A/S
  545 F.2d 854· 3d Cir.· 1976-11-04 ·cited 48×
  The court held that the trial court erred in instructing the jury based on Restatement (Second) of Torts § 416, as it imposes vicarious liability inconsistent with the negligence remedy created by § 905(b) of the Longshoremen's and Harbor Workers' Compensation Act.
• Shellman v. United States Lines, Inc.
  528 F.2d 675· 9th Cir.· 1975-11-21 ·cited 48×
  A longshoreman injured by the concurring negligence of his stevedore employer and the shipowner can recover the full amount of his damages from the shipowner, and the stevedore's compensation lien is not reduced by the stevedore's negligence.
• Emerson v. Holloway Concrete Prods. Co., Inc.
  282 F.2d 271· 5th Cir.· 1960-06-29 ·cited 48×
  The dissent argues that the Florida Death Statute, by its plain language, allows recovery for maritime death if the decedent could have recovered in admiralty, and that the majority incorrectly applied prior case law instead of the statute.
• Myers v. Atl. Coast Line R.R. Co.
  112 So. 2d 263· Fla.· 1959-05-13 ·cited 48×
  This is a railroad crossing collision case in which the trial court directed a verdict for defendants after a second trial, despite conflicting evidence on whether the train gave adequate warning of its approach. The Florida Supreme Court reversed, holding that the conflicting ev
• Corden E. Yates v. Dann
  223 F.2d 64· 3d Cir.· 1955-05-20 ·cited 48×
  The court held that transferring part of a Jones Act case to admiralty after a jury trial demand improperly deprived the defendant of their right to a jury trial on damages and comparative negligence.
• Aventura Mall Venture v. Olson
  561 So. 2d 319· Fla. 3d DCA· 1990-03-20 ·cited 47×
  Aventura Mall Venture appeals a jury verdict awarding damages in a slip-and-fall negligence case. The court reverses, holding as a matter of law that an ordinary sidewalk curb on a clear day with adequate lighting and no obstructions is not an inherent danger requiring warning, a
• City OF Miami v. Perez
  509 So. 2d 343· Fla. 3d DCA· 1987-06-02 ·cited 47×
  This appeal concerns liability for a construction site accident where an employee of the general contractor was injured while dismantling scaffolding on a City of Miami Police Station project. The court reversed the jury verdict finding the City liable, holding that the City reta
• Emmons v. Baptist Hosp. & Servicemaster Indus., Inc.
  478 So. 2d 440· Fla. 1st DCA· 1985-11-08 ·cited 47×
  Katherine Emmons appealed from a directed verdict entered in favor of Baptist Hospital and Servicemaster Industries after she slipped and fell on a wet hallway floor while visiting her mother. The court affirmed the directed verdict, holding that the defendants exercised ordinary
• Bailey v. Y & O Press Co., Inc.
  770 F.2d 601· 6th Cir.· 1985-08-16 ·cited 47×
  The court held that Ohio's comparative negligence statute does not apply to strict liability actions and that the district court's failure to provide a limiting instruction regarding industry standards testimony was prejudicial error.
• Ward W. Kelly v. Williams
  411 So. 2d 902· Fla. 5th DCA· 1982-03-03 ·cited 47×
  The appellate court affirmed the dismissal of a lawsuit, holding that a settlement stipulation between the plaintiff and the insurance company, which limited liability to the policy amount and ensured the insured would not be exposed to excess judgment, precluded a subsequent bad