Comparative Negligence

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

• Mouton v. TUG "Ironworker" her equipment
  811 F.2d 946· 5th Cir.· 1987-03-10 ·cited 2×
  The court held that the district court did not err in directing a verdict on seaman status, denying a new trial for introduction of subsequent remedial measures or improper closing arguments, and that the jury award was not excessive.
• Mich. Mut. Ins. v. Nikula
  509 So. 2d 334· Fla. 4th DCA· 1987-03-04 ·cited 2×
  Michigan Mutual Insurance, a workers' compensation lienholder, appealed a trial court judgment limiting its recovery to 10% of benefits paid to an injured worker who settled a product liability suit for $3.6 million. The Fourth District Court of Appeal reversed the trial court's
• Easterday v. Masiello
  501 So. 2d 117· Fla. 4th DCA· 1987-01-21 ·cited 2×
  A prison inmate died by suicide while hanging from an air duct protrusion at the Palm Beach County jail. The estate sued the architects and engineers for negligence, but the complaint was dismissed. The appellate court affirmed the dismissal, applying the Slavin doctrine that rel
• Hovanec v. Harnischfeger Corp.
  807 F.2d 448· 5th Cir.· 1987-01-08 ·cited 2×
  The court held that even if jury instructions were technically flawed, the errors were harmless because there was insufficient evidence to support the defendant's defenses of assumption of risk or contributory negligence.
• Truck & Trailer Sales Corp. & Transp. Indem. Co. v. Carolina Freight Carriers Corp.
  500 So. 2d 177· Fla. 1st DCA· 1986-08-15 ·cited 2×
  In this contribution suit arising from a series of highway collisions caused by poor visibility, the court affirmed the jury's allocation of 25% negligence to appellants and 75% to appellee, rejecting appellants' intervening cause argument. The court also reversed the denial of p
• Gilpin v. Langan
  789 F.2d 1034· 3d Cir.· 1986-05-08 ·cited 2×
  The court held that the adoption of comparative negligence in Pennsylvania does not preclude a directed verdict for a plaintiff when the evidence is such that reasonable minds could not differ on the lack of plaintiff's negligence.
• Goldman v. United States
  790 F.2d 181· 1st Cir.· 1986-05-07 ·cited 2×
  The court held that the United States, as a landowner, did not breach its duty of reasonable care by failing to remove a small, obvious ice patch from a largely cleared plaza, and therefore was not negligent.
• McKENZIE Tank Lines, Inc. v. Empire GAS Corp. & Empire Gas, Inc.
  487 So. 2d 1174· Fla. 1st DCA· 1986-04-29 ·cited 2×
  McKenzie Tank Lines appeals a jury verdict awarding damages to Empire Gas for a propane explosion at Empire's facility. The court affirms, holding that the jury verdict was supported by sufficient evidence despite McKenzie's arguments that Empire's failure to maintain required sa
• Elba Alvarado Aviles v. Burgos
  783 F.2d 270· 1st Cir.· 1986-01-31 ·cited 2×
  The court held that the district court erred in determining co-primary coverage based on the Puerto Rico permissive use statute, as the lease agreement and policy language dictated the insurance obligations. The court also corrected calculation errors in the amended judgment.
• E.F. Hutton & Co., Inc. v. Arnebergh
  775 F.2d 1061· 9th Cir.· 1985-11-05 ·cited 2×
  The jury's original verdict was unambiguous and consistent with the district court's judgment, making further jury inquiry unnecessary.
• Ward v. The Desachem Co. & Lyndal Chem., Inc.
  771 F.2d 663· 2d Cir.· 1985-08-28 ·cited 2×
  The court held that under New York law, the statute of limitations for inhalation injury claims runs from the last date of exposure, not the date of discovery of injury, making the Wards' suit timely.
• Warren v. Ill. Cent. Gulf R.R. Co.
  768 F.2d 709· 5th Cir.· 1985-08-16 ·cited 2×
  The court held that the jury verdict was supported by sufficient evidence and the jury charge contained no plain error, thus the appeal is frivolous.
• Stearns v. Johns-Manville Sales Corp.
  770 F.2d 599· 6th Cir.· 1985-08-16 ·cited 2×
  Ohio's comparative negligence statute, by its terms limited to negligence actions, does not apply to strict liability in tort claims.
• Lockamy v. Byrne
  474 So. 2d 372· Fla. 1st DCA· 1985-08-13 ·cited 2×
• Spearing v. Nat'l Iron Co.
  770 F.2d 87· 7th Cir.· 1985-07-30 ·cited 2×
  The court held that the Ontario workmen's compensation law does not shield a U.S. affiliate of a Canadian employer from liability under Wisconsin tort law, and the district court erred in precluding damages against the U.S. affiliate.
• Olds v. Stephenson
  463 So. 2d 1241· Fla. 2d DCA· 1985-02-20 ·cited 2×
  The appellate court reversed a jury verdict awarding only $10,000 in damages to a minor injured in a motorcycle-automobile collision, finding the damages award inadequate as a matter of law given undisputed medical expenses of $7,984.08 and lost wages of $3,530.88. The court affi
• Oscar Klein Plumbing & Heating & Allstate Ins. Co. v. Boyd
  461 So. 2d 221· Fla. 4th DCA· 1984-12-19 ·cited 2×
  The court held that the trial court erred in instructing the jury on the rescue doctrine because the property was not in imminent peril. Absent the rescue doctrine, the plaintiff failed to establish proximate cause for her personal injuries.
• State Farm Mut. Auto. Ins. Co. v. Bayles
  459 So. 2d 387· Fla. 4th DCA· 1984-11-07 ·cited 2×
  State Farm appeals a judgment requiring it to pay uninsured motorist (UM) benefits where the injured party was injured by concurrent tortfeasors—one uninsured and one insured with liability limits equal to the claimant's UM coverage. The court reverses, holding that when one tort
• Indus. Risk Insurers v. Creole Prod. Servs., Inc.
  746 F.2d 526· 9th Cir.· 1984-10-30 ·cited 2×
  An insurer or guarantor cannot recover in implied indemnity when its liability arises solely from its contractual obligation to insure or guarantee against payment, rather than from its own fault.
• Zurich Ins. Co. v. Martin
  452 So. 2d 978· Fla. 5th DCA· 1984-06-14 ·cited 2×
  Zurich Insurance Company appealed a trial court's equitable distribution order in a workers' compensation subrogation case, seeking full recovery of past and future benefits paid to an injured employee. The court reversed, holding that because the employee recovered the full valu
• Creed F. Brown v. Cities Serv. OIL Co.
  733 F.2d 1156· 5th Cir.· 1984-06-11 ·cited 2×
  The court held that the district court erred in applying Texas tort law instead of Louisiana law, requiring a new trial.
• Brown & Root, Inc. v. Ring Power Corp.
  450 So. 2d 1245· Fla. 5th DCA· 1984-06-07 ·cited 2×
  Brown & Root seeks to recover a Caterpillar loader stolen from it in Texas and later purchased in good faith by Ring Power Corporation in Louisiana. The court held that Florida's public policy against allowing thieves to transfer title to innocent purchasers outweighs comity cons
• Qualls v. Stancato
  450 So. 2d 1197· Fla. 1st DCA· 1984-05-15 ·cited 2×
  In this personal injury appeal, the trial court granted defendants a new trial after a jury verdict finding them 70% negligent in a shooting incident. The appellate court affirmed, holding that plaintiff's counsel engaged in repeated improper conduct by attempting to elicit inadm
• Chicago Ins. Co. v. Argonaut Ins. Co.
  451 So. 2d 876· Fla. 4th DCA· 1984-03-07 ·cited 2×
  The court held that prejudgment interest cannot be awarded when damages are unliquidated and uncertain until a jury verdict resolves fault and amount.
• Protective Cas. Ins. Co. & Christopher Wehage v. Killane
  447 So. 2d 316· Fla. 4th DCA· 1984-02-15 ·cited 2×
  In this personal injury case arising from an automobile accident, the Fourth District Court of Appeal affirmed a jury verdict awarding $2.2 million to Florence Killane and $150,000 to Dennis Killane against Christopher Wehage and Protective Casualty Insurance Company. The court h
• Leon Cnty. Humane Soc'y, Inc. v. DeGROAT
  439 So. 2d 949· Fla. 1st DCA· 1983-10-13 ·cited 2×
  The court held that the case is moot because the challenged wild horse roundup has been completed and its effects cannot be undone. The court also found that future actions will not evade review due to established notice procedures.
• Brookins v. Sargent Indus., Inc.
  717 F.2d 1201· 8th Cir.· 1983-09-23 ·cited 2×
  The court held that the trial court erred in retroactively applying an amended statute that made contributory and comparative negligence a defense to strict liability, and in placing the burden on the plaintiff to prove unawareness of a defect.
• Morris Jewelers, Inc. v. Gen. Elec. Credit Corp.
  714 F.2d 32· 5th Cir.· 1983-09-06 ·cited 2×
  The court held that hearsay statements from customers expressing anger were admissible under the Federal Rules of Evidence 803(3) to prove loss of goodwill, and their admission was not unduly prejudicial.
• Hannelore Shaw v. U.S.A. Veterans Admin. & Am. Home Assurance Co.
  711 F.2d 156· 11th Cir.· 1983-08-04 ·cited 2×
  The court held that the district court erred in applying the setoff provision backwards, and the plaintiff is entitled to her award now.
• Publix Super Mkts., Inc. v. Gussie W. Moton
  433 So. 2d 71· Fla. 2d DCA· 1983-06-22 ·cited 2×
  Publix Super Markets appealed a judgment awarding taxable costs to a plaintiff in a negligence action, arguing it was entitled to set off the plaintiff's prior settlement with other defendants against those costs under Florida's comparative negligence statute. The court reversed,
• Thibodeaux v. Fibreboard Corp.
  706 F.2d 728· 5th Cir.· 1983-06-10 ·cited 2×
  A non-settling defendant is entitled to credit the full amount of settlements paid by joint tortfeasors against a judgment, even if that amount exceeds the defendant's proportionate share of the damages, to ensure the plaintiff receives only one satisfaction for their injuries.
• Martin v. Volkswagen OF Am., Inc.
  707 F.2d 823· 4th Cir.· 1983-06-03 ·cited 2×
  A manufacturer is not liable for injuries arising from a design defect if the defect neither caused nor contributed to the collision.
• Palaidis v. United States
  564 F. Supp. 1397· M.D. Fla.· 1983-05-27 ·cited 2×
  The court held that the defendant United States breached no legal duty owed to the plaintiffs, as the overhead power line was an obvious danger and the plaintiffs' own negligence was the sole proximate cause of their injuries.
• Penthouse N. Ass'n, Inc. v. Remo M. Lombardi
  436 So. 2d 184· Fla. 4th DCA· 1983-04-27 ·cited 2×
  Penthouse North Association sued its former lessor-officers for breaching fiduciary duties in executing a 1966 lease with an escalation clause without disclosure. The Fourth District Court of Appeal affirmed dismissal of the association's complaint as time-barred but reversed and
• Morris v. United Sanitation Servs.
  432 So. 2d 104· Fla. 3d DCA· 1983-04-26 ·cited 2×
  Eugene Morris, a professional football player injured in a motor vehicle accident, sued United Sanitation Services for damages. The trial court granted defendant's motion for a new trial on damages only, finding that Morris's lost future earnings claims were unsupported because h
• Collins v. United States
  708 F.2d 499· 10th Cir.· 1983-04-12 ·cited 2×
  The court held that the release was ambiguous regarding the intent to release the United States, creating a material issue of fact. Therefore, summary judgment was improperly granted.
• Bach v. Ucho
  697 F.2d 741· 6th Cir.· 1983-01-18 ·cited 2×
  The jury instruction, when viewed as a whole, fairly and accurately reflected Michigan tort law, despite an isolated unfortunate sentence.
• Blocker v. Wynn
  425 So. 2d 166· Fla. 1st DCA· 1983-01-07 ·cited 2×
  In this wrongful death case arising from a tragic accident where a dump truck collided with a house being moved across a bridge, appellants (the house movers) appealed a jury verdict finding them 80% negligent. The court affirmed, rejecting appellants' argument that they should b
• Arthur v. Traci K. Arthur and her father
  684 F.2d 558· 8th Cir.· 1982-07-20 ·cited 2×
  The court held that the trial court erred in directing a verdict against the plaintiff on the issue of gross negligence, as the evidence presented a question of fact for the jury.
• City OF Lake Worth v. Souheil Aziznakie Nicolas
  416 So. 2d 886· Fla. 4th DCA· 1982-07-14 ·cited 2×
  The City of Lake Worth appeals a personal injury judgment awarded to Nicolas after a truck crane collision, challenging the admission of evidence regarding safety measures and the application of Florida's municipal liability cap under Section 768.28(5). The Fourth District affirm
• ORR v. D'Andrea
  412 So. 2d 933· Fla. 1st DCA· 1982-04-15 ·cited 2×
  The court held that the complaint sufficiently alleged a legal duty and breach of that duty by the defendants, and that the issue of the plaintiff's superior knowledge of the hazard was a question for the trier of fact.
• Yusk v. Charles E. Wright & the St. Paul Fire & Marine Ins. Co.
  410 So. 2d 982· Fla. 2d DCA· 1982-03-10 ·cited 2×
  The court held that while a common judgment for parents was not reversible error, failing to enter a separate judgment for a minor child was reversible error.
• Richards v. S. Pac. Transp.
  666 F.2d 99· 5th Cir.· 1982-01-20 ·cited 2×
  The court held that a railroad has no duty to provide extraordinary warnings, such as flares, for a train occupying a crossing unless the crossing is proven to be extrahazardous under Texas law.
• Ellison v. Nw. Eng'g Co.
  521 F. Supp. 199· S.D. Fla.· 1981-08-13 ·cited 2×
  The court held that Florida's twelve-year statute of limitations for product liability actions violates the Florida Constitution's guarantee of access to courts when applied to bar a claim before the injury occurs. The court also addressed various other affirmative defenses.
• Travelers Indem. Co. v. Jacobs
  402 So. 2d 1261· Fla. 3d DCA· 1981-08-11 ·cited 2×
  The appellate court reversed an equitable distribution order, finding that the workers' compensation carrier was entitled to a greater recovery than the 15% awarded by the trial court.
• Vigilant Ins. Co. v. Reiser
  391 So. 2d 706· Fla. 1st DCA· 1980-12-11 ·cited 2×
  Vigilant Insurance Company and Child Guidance Clinic appeal a judgment holding them jointly and severally liable for the full amount of damages awarded to a psychiatric patient who was negligently treated by Dr. Reginald Berry during a period when he was employed by the clinic an
• Luce Grenier v. The Cent. Bank & Tr. Co.
  391 So. 2d 704· Fla. 3d DCA· 1980-12-09 ·cited 2×
  A tenant injured in a slip-and-fall in her apartment building's parking garage appeals a summary judgment entered in favor of the landlord. The court reverses, holding that the tenant's general knowledge of puddles in the garage does not eliminate the factual question of whether
• Homburg v. Knipmeyer
  388 So. 2d 602· Fla. 4th DCA· 1980-09-17 ·cited 2×
  The court reversed a directed verdict for the defendant, finding that the defendant did not negligently cause the two-car collision by stopping in the intersection to allow an ambulance to pass and then proceeding.
• Umpqua River Navigation Co. v. Crescent City Harbor Dist.
  618 F.2d 588· 9th Cir.· 1980-05-12 ·cited 2×
  The court held that Umpqua lacked standing to bring a breach of warranty claim on behalf of its subcontractor due to a subcontract provision insulating Umpqua from liability, but could pursue a changed conditions claim as an equitable adjustment. However, Umpqua's changed conditi
• AETNA Ins. Co. v. Harter
  379 So. 2d 1019· Fla. 2d DCA· 1980-02-13 ·cited 2×
  Aetna Insurance Company appealed a dismissal of its motion for equitable distribution of settlement proceeds in an employee's third-party tort action. The court held that Aetna's failure to file a notice of lien in the third-party suit did not deprive it of subrogation rights und