Comparative Negligence

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

• Walker v. M633, LLC
  Fla. 5th DCA· 2026-02-27
  Sarah Walker appealed a summary judgment in favor of Chick-fil-A after she fell from a playground bench while standing on it to locate her son. The Florida appellate court affirmed, holding that Chick-fil-A had no duty to warn of or secure a freestanding bench designed for sittin
• Willey v. Phoenix Rehab. & Health Servs., Inc.
  Del. Super. Ct.· 2026-02-19
  A Delaware Superior Court granted summary judgment on competing motions in a medical negligence case arising from a physical therapist's request that a post-surgical patient bend despite physician restrictions. The court ruled that punitive damages claims require evidence of egre
• Shequita Truitt
  Del. Super. Ct.· 2026-02-13
  This case addresses the allocation of prejudgment interest between two joint tortfeasors in a wrongful death action. The court held that prejudgment interest applies solely to Defendant Winder because a settlement demand was made to him that was less than the final judgment, whil
• McWhorter v. Event Servs. Am., Inc.
  427 So. 3d 179· Fla. 2d DCA· 2026-01-14
  Event Services was entitled to summary judgment on its duty to warn Ms. McWhorter of the battery case because the case was open and obvious and not concealed. However, Event Services was not entitled to summary judgment on its separate duty to maintain the premises in a reasonabl
• Brown & Brown of Fla., Inc. v. Houligan's Pub & Club, Inc.
  Fla. 5th DCA· 2026-01-02
  Breach of fiduciary duty and negligent misrepresentation claims against an insurance broker are not subject to the Capell standard requiring proof of available insurance; however, damages cannot be calculated based on a policy previously determined to provide no coverage, requiri
• Hutcheson v. U.S. Dep't of Veteran Affairs
  M.D. Fla.· 2025-12-12
  The court held that the plaintiffs' federal employment claims must be dismissed for failure to exhaust administrative remedies, and the state law claims are dismissed for lack of supplemental jurisdiction.
• Miami-Dade Cnty. v. Martin
  Fla. 3d DCA· 2025-12-10
  A plaintiff in a slip-and-fall case must present evidence establishing that a dangerous condition existed for a sufficient length of time that the property owner should have known of it through ordinary care; evidence of leaves in a water meter box photographed months after an ac
• Dama Holding LLC v. Guelmes
  Fla. 3d DCA· 2025-12-03
  A landlord owes a duty to protect a tenant from reasonably foreseeable criminal conduct and to warn the tenant of such foreseeable danger where the landlord has actual or constructive knowledge of prior similar criminal acts committed on the premises or in the surrounding area. F
• Marissa Barnett v. Wendy's Int'l, LLC
  M.D. Fla.· 2025-11-05
  The court held that Florida Statute § 794.05, making sex with a minor a crime regardless of consent, means that a minor's consent is not a defense to a civil battery claim, thus eliminating the need for a separate battery instruction in a negligent supervision claim. The court al
• D.B. v. The Wendy's Co.
  M.D. Fla.· 2025-09-05
  The court held that genuine disputes of material fact preclude summary judgment on Title VII claims and most negligence claims, but granted summary judgment for the employer on the negligent training claim.
• Coulter
  Del. Super. Ct.· 2025-08-29
  The court denied the Steens' motion for summary judgment on the main negligence claims, finding a disputed issue of fact regarding whether the power lines were an open and obvious danger. The court granted the Steens' motion for partial summary judgment on the Survival Act claim,
• Reina v. Klisivitch
  419 So. 3d 246· Fla. 6th DCA· 2025-08-15
  A plaintiff's ambiguous testimony during cross-examination does not constitute a valid notice of dismissal of a claim under Florida Rule of Civil Procedure 1.420(a)(1), which requires an explicit statement on the record. A trial court errs when it uses a motion in limine to exclu
• Yaneira E. Aponte v. Wal-Mart Stores E., LP
  Fla. 4th DCA· 2025-07-09
  The trial court erred in excluding a timely-disclosed treating physician's testimony regarding future medical expenses based on a misapplication of Binger v. King Pest Control, and erred in granting directed verdicts on damages claims for prior surgeries and future pain and suffe
• Gabor v. Remington Lodging & Hospitality, LLC
  Fla. 5th DCA· 2025-05-30
  An employer cannot be held liable for negligent training or negligent supervision of its employees when those employees' actions were performed within the scope of employment. Additionally, when an employee is found not negligent, the employer cannot be vicariously liable for tha
• Ameena Brown and Evan Braggs v. Fisher-Price, Inc.
  Del. Super. Ct.· 2025-04-30
  The court addressed numerous pretrial motions in limine concerning the admissibility of expert testimony in a product liability action. The court applied the Daubert standard for expert testimony, emphasizing relevance and reliability, and outlined the five-step analysis for admi
• Edelman v. MSC Cruises S.A.
  S.D. Fla.· 2025-04-28
  The court granted in part and denied in part Plaintiff's motion to strike Defendant's affirmative defenses, striking some as impermissible under maritime law and treating others as mere denials.
• Allstate Fire & Cas. Ins. Co. v. Schroeder
  411 So. 3d 532· Fla. 1st DCA· 2025-04-23
  Negative testimony that a witness did not see a phantom vehicle cannot create a material issue of fact to defeat summary judgment when opposed by positive evidence of the phantom vehicle's existence, unless the negative testimony establishes that the witness was specifically look
• Latrice Pla v. Rierson
  Fla. 3d DCA· 2025-03-19
  The trial court properly denied Pla's motion for directed verdict because expert testimony established that Pla could have seen the pedestrian and avoided the accident, and the court properly denied the new trial motion because any evidentiary errors were harmless and invited by
• Martin-Viana v. Royal Caribbean Cruises, Ltd.
  S.D. Fla.· 2025-01-17
  A motion for a new trial was denied because the jury's verdict was not against the great weight of the evidence, and the exclusion of prior incident evidence and subsequent remedial measures was proper.
• Martin-Viana v. Royal Caribbean Cruises, Ltd.
  S.D. Fla.· 2024-11-18
  A prevailing party is entitled to recover taxable costs under 28 U.S.C. § 1920, including interpreter and transcript costs, but not Pacer fees.
• United Cab of Broward, LLC v. Nathalia Muller
  397 So. 3d 80· Fla. 4th DCA· 2024-11-13
  A defendant driver appeals the trial court's denial of attorney's fees following rejection of a proposal for settlement (PFS) in a negligence case. The trial court invalidated the PFS for failing to state whether it included or excluded setoffs. The appellate court reversed, hold
• Safeco Ins. Co. of Ill. v. Heikka
  Fla. 4th DCA· 2024-11-06
  An insurer breaches its duty of good faith when it refuses to settle a covered claim for policy limits based on the insured's desire to avoid exposure to uncovered punitive damages, particularly where liability is clear and an excess compensatory judgment is likely. An insurer mu
• Gonzalez v. Seabest, Inc.
  S.D. Fla.· 2024-08-08
  An independent contractor delivery driver for a seafood distributor sued for negligence after slipping on blood and water that accumulated in the truck bed during his deliveries. The court ruled that while the employer's duty to warn of the hazard was eliminated by the driver's a
• Martin-Viana v. Royal Caribbean Cruises, Ltd.
  S.D. Fla.· 2024-06-26
  The court granted in part and denied in part the parties' motions in limine, ruling on the admissibility of various categories of evidence and testimony.
• Inversiones Yv3343, S.A. v. Lynx FBO Fort Lauderdale, LLC
  S.D. Fla.· 2024-06-10
  A Venezuelan corporation sued a Florida fixed-base operator for negligence after the operator released a stored aircraft to a man claiming to be its new owner, who presented fraudulent ownership documents and removed the aircraft. The court denied the plaintiff's motion for summa
• Latrice Pla v. Rierson
  Fla. 3d DCA· 2024-05-15
  A directed verdict was properly denied because expert testimony established that Pla could have seen the pedestrian and avoided the accident, providing sufficient evidence for a reasonable jury to find partial liability. The new trial motion was properly denied because any eviden
• Neely v. Circle K Stores, Inc.
  M.D. Fla.· 2024-04-11
  Genuine issues of material fact exist regarding the open and obvious nature of the hazard, the plaintiff's awareness of the condition, and whether adequate warnings were provided, precluding summary judgment.
• City of Miami Beach v. Menendez
  Fla. 3d DCA· 2024-03-27
  A municipal government operating a designated public swimming area assumes a common law duty of care to operate the facility safely and cannot claim sovereign immunity from negligence liability for injuries resulting from known or foreseeable dangerous conditions.
• Carelyn Fylling v. Royal Carribean Cruises, Ltd.
  91 F.4th 1371· 11th Cir.· 2024-02-01
  The Eleventh Circuit held that a district court abused its discretion by failing to investigate potential juror bias after learning of a juror's niece's employment with the defendant, and by allowing that juror to deliberate without further questioning.
• Brock v. United States
  M.D. Fla.· 2024-01-25
  Joy Brock, as personal representative of her deceased husband Richard Brock's estate, brought a medical malpractice action under the Federal Tort Claims Act against the United States, alleging that an advanced registered nurse practitioner at Naval Hospital Jacksonville fell belo
• Bynum v. Carnival Corp.
  S.D. Fla.· 2024-01-22
  The court held that affirmative defenses need only provide fair notice and are not subject to the heightened pleading standards of Twombly and Iqbal. Certain defenses were struck or treated as denials, while others were allowed to proceed.
• Rioux v. Carnival Corp.
  S.D. Fla.· 2023-11-21
  The court held that affirmative defenses are not subject to the heightened pleading standards of Twombly/Iqbal, and that the 'fair notice' standard applies. Certain defenses were stricken for legal insufficiency or statutory bar, while others were allowed to proceed.
• Nogara v. Lynn Law Off., P.C.
  S.D. Fla.· 2023-11-20
  The court held that summary judgment for the plaintiff on the legal malpractice claim and most affirmative defenses was inappropriate due to genuine disputes of material fact regarding the decedent's domicile and the attorney's standard of care. However, summary judgment was gran
• Emerson v. Lambert
  Fla.· 2023-11-16
  Under Florida's dangerous instrumentality doctrine, a family member who is a bailee of a vehicle cannot be held vicariously liable when the vehicle's title owner is another family member who is also vicariously liable under the doctrine. The doctrine's underlying rationale—that t
• United Fire & Cas. Co. v. Progressive Express Ins. Co.
  M.D. Fla.· 2023-09-30
  The court denied Plaintiff's motions for judgment as a matter of law and for a new trial, finding that the jury's verdict for the defendant was supported by legally sufficient evidence and that no reversible errors occurred during the trial.
• Gautier v. Monta
  S.D. Fla.· 2023-09-22
  The court held that summary judgment is inappropriate for negligence claims where genuine disputes of material fact exist regarding fault and comparative negligence, but is appropriate for vicarious liability claims barred by the Graves Amendment.
• Dix v. The Coca-Cola Co.
  M.D. Fla.· 2023-09-15
  The court held that a genuine dispute of material fact exists regarding whether the defendant created a foreseeable zone of risk and breached its duty of care, precluding summary judgment.
• Scott v. Paychex Ins. Agency, Inc.
  S.D. Fla.· 2023-08-16
  The court held that the defendant's expert witness is qualified and his testimony is admissible under Daubert and Federal Rule of Evidence 702, as it is based on sufficient facts, reliable principles, and will assist the jury.
• Scott v. Paychex Ins. Agency, Inc.
  S.D. Fla.· 2023-08-08
  Dennis Scott sued Paychex Insurance Agency based on an insurance certificate of insurance (COI) that Paychex allegedly issued to general contractor James Jones despite knowing that the underlying workers' compensation policy would be cancelled before the stated expiration date, l
• del Campo-Aguila v. Martins
  S.D. Fla.· 2023-08-07
  The court granted partial summary judgment for the plaintiff on the issue of vicarious liability against the vehicle owner but denied summary judgment on the driver's direct negligence and the plaintiff's comparative negligence.
• O'Neal v. Allstate Ins. Co.
  Del. Super. Ct.· 2023-07-21
  The court granted summary judgment for the defendant, finding that the plaintiff's negligence in crossing the street against a green light and without a light after dark exceeded any negligence on the part of the defendant's insured driver. Therefore, the plaintiff's claim was ba
• Maylor v. Wal-Mart Stores E., LP
  S.D. Fla.· 2023-07-16
  The court held that spoliation sanctions are not warranted without a showing of bad faith, and the employee's actions in disposing of the debris constituted mere negligence, not bad faith.
• Emerald Coast Utils. Auth. v. Am. Cast Iron Pipe Co.
  N.D. Fla.· 2023-07-10
  Summary judgment is granted on negligent manufacturing claims due to lack of defect evidence and failure to meet res ipsa loquitur requirements. Summary judgment is denied on negligent misrepresentation claims as factual issues exist regarding material misrepresentations and reli
• Doe v. Willis
  M.D. Fla.· 2023-04-05
  Jane Doe sued Swift Transportation for sexual battery and intentional infliction of emotional distress after being allegedly assaulted by fellow driver Murray Willis while working as a truck driver trainee, and also brought claims for negligent hiring, negligent supervision, and
• Allen v. Sunbelt Rentals, Inc.
  M.D. Fla.· 2023-03-07
  The court held that the expert testimony was admissible and that genuine issues of material fact precluded summary judgment for both defendants.
• Copper Leaf v. Filler
  S.D. Fla.· 2023-02-21
  The court held that disputed issues of material fact exist regarding the plaintiffs' claims of intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, and proximate cause of damages, precluding summary judgment.
• Svistina v. Elbadramany
  S.D. Fla.· 2023-01-10
  The court granted in part and denied in part motions to strike affirmative defenses, striking defenses that were mere denials, lacked subject matter jurisdiction, or were duplicative, while allowing defenses that raised mixed questions of law and fact or had sufficient factual su
• Murray v. Britton
  M.D. Fla.· 2022-12-20
  A plaintiff may plead direct negligence claims against an employer alongside vicarious liability claims, even in car crash cases, especially where Florida law's damage caps on vicarious liability create potential for additional employer liability.
• Wilson v. Davis
  M.D. Fla.· 2022-10-13
  Under Florida law, a plaintiff cannot pursue a direct negligence claim against a defendant who admits vicarious liability for a driver's negligence, unless the direct claim offers a distinct path to liability or additional damages.
• Rivest v. Hauppauge Digit., Inc.
  Del. Ch.· 2022-09-01
  The Delaware Court of Chancery held that the company failed to meet its burden of proving that a confidentiality restriction was warranted for its historical financial statements. The court granted the stockholder's exceptions to the Master's report, finding that the company's cl