Comparative Negligence

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

• Schultz v. Wilkes
  689 So. 2d 435· Fla. 5th DCA· 1997-03-14
  Gary Schultz sued Glen Wilkes for damages from an automobile accident where Wilkes's vehicle hit Keim's vehicle, which then struck Schultz's stationary vehicle. The jury awarded $5,000 in damages with findings that Keim was 80% negligent and Wilkes 20% negligent. The appellate co
• Cara Dilallo v. Riding Safely, Inc.
  687 So. 2d 353· Fla. 4th DCA· 1997-02-12
  The Fourth District Court of Appeal reversed summary judgment granted to an equine activity sponsor, holding that Chapter 773 of the Florida Statutes (the equine liability statute) cannot be applied retroactively to bar a negligence claim arising from an accident that occurred be
• Juergen Hedergott v. Moon
  678 So. 2d 445· Fla. 2d DCA· 1996-08-09
  This case involves an appeal and cross-appeal concerning a personal injury lawsuit arising from a motorcycle-automobile collision. The appellate court addressed jury instructions, attorney's fees, additur, and collateral source payments, ultimately affirming in part and reversing
• Hildack v. Adventist Health Sys. & Sunbelt, Inc.
  673 So. 2d 579· Fla. 5th DCA· 1996-05-24
  Hildack appealed a summary judgment dismissing her premises liability claim for injuries sustained when she tripped over protruding rebar in a parking lot. The court reversed, finding that ambiguities in Hildack's deposition testimony regarding whether she actually saw the danger
• Contreras v. Munoz
  669 So. 2d 1054· Fla. 3d DCA· 1996-01-10
  A pedestrian was struck and killed by a motorist at a signalized intersection. The jury found the motorist 50% liable and attributed 25% liability each to the county and adjacent landowners for allegedly obstructing traffic signals and warning signs with vegetation. The appellate
• Weiss v. Am. Fire & Cas. Co.
  655 So. 2d 1207· Fla. 4th DCA· 1995-05-24
  The court held that when an insurance policy's escape clause is invoked after arbitration, the apportionment of fault between the insured and the tortfeasor, as determined by the arbitration panel, remains binding and is not subject to retrial.
• WET 'N Wild Fla., Inc. v. Sullivan
  655 So. 2d 1171· Fla. 5th DCA· 1995-05-12
  Wet 'n Wild appeals a negligence verdict after Sullivan injured her back rescuing a drowning girl from the wave pool. The court reverses and remands for a new trial, finding the trial court erred in directing a verdict on the victim's negligence and in admitting prejudicial exper
• Winn-Dixie Stores, Inc. v. Allora Crowell
  651 So. 2d 1311· Fla. 3d DCA· 1995-03-22
• Umberto Pages v. Dominguez
  652 So. 2d 864· Fla. 4th DCA· 1995-03-08
  Pages sought certiorari review of a trial court's order denying consolidation of two separate lawsuits arising from a single automobile accident in which two brothers were injured—one fatally and one with severe brain damage. The Fourth District Court of Appeal denied the petitio
• Contant v. Kawasaki Motors Corp.
  848 F. Supp. 170· M.D. Fla.· 1994-03-29
  The court held that federal law does not preempt state law product liability claims based on a vehicle's conspicuity, and the obviousness of a hazard is not an exception to liability but a factor in comparative negligence.
• Tallahassee Mem'l Reg'l Med. Ctr., Inc. v. Wells
  634 So. 2d 655· Fla. 1st DCA· 1994-02-09
  Tallahassee Memorial Regional Medical Center appeals a wrongful death judgment, arguing that settlement payments made by co-defendants before trial should be set off against the final judgment amount. The First District Court of Appeal reversed and remanded, holding that settleme
• Fla. Dep't OF Hwy. Safety & Motor Vehicles v. Schnurer
  627 So. 2d 611· Fla. 1st DCA· 1993-12-14
• Resolution Tr. Corp. v. Holland & Knight
  832 F. Supp. 1532· S.D. Fla.· 1993-08-26
  Third-party professionals are permitted to assert affirmative defenses against the RTC, and the RTC's motion to strike these defenses is denied.
• Mervar v. Quick Print OF Orlando
  627 So. 2d 491· Fla. 5th DCA· 1993-07-23
• Hardrives OF Delray, Inc. v. State
  620 So. 2d 1031· Fla. 4th DCA· 1993-05-26
• Klein v. Hollings
  992 F.2d 1285· 3d Cir.· 1993-05-11
  The court held that the district court abused its discretion by granting a new trial based on the weight of the evidence, vacating the order and reinstating the first jury's verdict.
• Zierke v. Agri-Systems
  992 F.2d 276· 10th Cir.· 1993-05-03
  The court held that Wyoming's comparative negligence statute does not apply to strict liability claims, and jury instructions misstating this law require a new trial on that issue. The court affirmed the judgment on the negligence claim.
• Horowitz v. Schneider Nat'l, Inc.
  992 F.2d 279· 10th Cir.· 1993-05-03
  The court held that a third-party indemnity complaint is sufficient to withstand a motion to dismiss under Wyoming law, even after the adoption of comparative negligence principles, if it alleges that the third-party defendant supplied a defective product or created a dangerous c
• The Jackson State Bank v. King
  992 F.2d 256· 10th Cir.· 1993-04-23
  The court held that Wyoming's comparative negligence statute does not bar recovery in a legal malpractice action based on contract and fiduciary duty claims, and a new trial is necessary due to incorrect jury instructions.
• The Fla. Ass'n OF Workers FOR THE Blind, Inc. v. Margareth Guillaume
  618 So. 2d 275· Fla. 3d DCA· 1993-04-06
  The Florida Association of Workers for the Blind appealed a judgment notwithstanding the verdict in a negligence case. The appellate court affirmed, holding that the trial court properly removed the comparative negligence issue from the jury because the defendant presented no evi
• Joseph Mfg. Co., Inc. v. Olympic Fire Corp.
  986 F.2d 416· 10th Cir.· 1993-02-23
  The court held that the district court abused its discretion by allowing amendment of the pretrial order to permit a res judicata defense, as it would result in manifest injustice to the plaintiffs.
• Satcher v. Honda Motor Co., Ltd.
  984 F.2d 135· 5th Cir.· 1993-01-25
  Under Mississippi law, the consumer expectations test applies in product liability cases, and the alleged defect and danger were open and obvious, barring recovery.
• Weir v. The Krystal Co.
  612 So. 2d 665· Fla. 1st DCA· 1993-01-21
  The court reversed a directed verdict for a restaurant after a customer fell in a parking lot indentation, holding that under Florida's comparative negligence doctrine, the obviousness of a dangerous condition does not bar recovery as a matter of law but rather presents a jury qu
• Reese Exploration, Inc. v. Williams Natural GAS Co.
  983 F.2d 1514· 10th Cir.· 1993-01-19
  The court held that WNG's gas storage rights extend to the Squirrel formation and are superior to Reese's oil production rights, thus WNG was not negligent in allowing gas to migrate.
• Greenwood Mills v. Russell Corp.
  981 F.2d 148· 4th Cir.· 1992-12-02
  The court held that the deposit was a non-refundable option contract, but Greenwood could not recover auction losses based on Russell's alleged negligence, as contract law, not tort law, governed the transaction.
• Myron Batts v. Tow-Motor Forklift Co. & Caterpillar Indus., Inc.
  978 F.2d 1386· 5th Cir.· 1992-11-25
  Under Mississippi products liability law, recovery against a manufacturer by an injured bystander is barred if the product defect or danger is open and obvious to an ordinary user, regardless of the bystander's actual knowledge.
• Grayson v. Compton D. Harris
  608 So. 2d 896· Fla. 3d DCA· 1992-11-10
  The Florida Third District Court of Appeal reversed a jury verdict finding a homeowner 20% negligent for a fire that killed a youth he had hired to watch his property. The court held that the homeowner's storage of gasoline in an unlocked utility room was not a natural and probab
• Valentin Quinones-Pacheco v. Am. Airlines, Inc.
  979 F.2d 1· 1st Cir.· 1992-11-04
  The court held that the jury's finding of no damages was supported by the evidence and that the exclusion of the economist's testimony was proper due to lack of foundation.
• Jackson v. Robert S. Altman, P.A.
  610 So. 2d 473· Fla. 3d DCA· 1992-11-03
• Kutsugeras v. Avco Corp.
  973 F.2d 1341· 7th Cir.· 1992-09-01
  The court held that the district court properly applied the two-tier verdict form, bifurcating injuries into entanglement and enhancement phases, consistent with Wisconsin law as interpreted in Farrell v. John Deere Co.
• Livingston v. Smalley Transp. Co.
  603 So. 2d 526· Fla. 3d DCA· 1992-06-30
  The court held that there was no competent evidence to establish comparative negligence on the part of the victim, and the issue should have been decided as a matter of law.
• Yarbrough v. Sturm
  964 F.2d 376· 5th Cir.· 1992-06-15
  The court held that a jury verdict stemming from a compromise on damages taints the liability finding, entitling the complaining party to a new trial on all issues.
• Calabro v. Outboard Marine Corp.
  599 So. 2d 717· Fla. 3d DCA· 1992-05-26
  The court held that the defense of assumption of risk does not bar the plaintiff's claim under general maritime law, which instead allocates damages based on comparative negligence.
• Beville v. Burlington Northern Railroad
  960 F.2d 546· 5th Cir.· 1992-05-14
  The court held that the district court did not err in admitting expert testimony or denying motions for directed verdict and judgment notwithstanding the verdict, but did err by not holding an evidentiary hearing on allegations of juror partiality.
• Fabre v. Marin
  597 So. 2d 883· Fla. 3d DCA· 1992-04-14
  Ann Marin, a passenger injured in an automobile accident, sued the Fabres for negligence and their insurer State Farm. The jury found Marin 0% at fault and awarded $357,750 in damages. The Fabres appealed, arguing the judgment should be reduced by 50% under Florida's comparative
• Lifemark Hosp. OF Fla. v. Anndra Hurley and Robert Hurley
  596 So. 2d 1196· Fla. 3d DCA· 1992-04-07
  The court held that the 'step in the dark' rule of contributory negligence was inapplicable and that the plaintiff's negligence was a question for the jury. It also held that certain evidence was properly excluded as hearsay.
• Johnson v. Winn-Dixie Supermarkets, Inc.
  596 So. 2d 519· Fla. 5th DCA· 1992-04-03
• Bodine v. Fed. Kemper Life Assurance Co.
  138 B.R. 88· M.D. Fla.· 1992-04-02
  The court held that the attorney's charging lien should be calculated on a quantum meruit basis, and prejudgment interest should accrue from the date of the attorney's discharge, not the initial trial judgment.
• Gavagan v. United States
  955 F.2d 1016· 5th Cir.· 1992-03-23
  The district court erred by applying an incorrect standard of causation to the plaintiff's Jones Act claim.
• Lozier v. Auto Owners Ins. Co.
  951 F.2d 251· 9th Cir.· 1991-12-19
  An insurer's bad faith in handling a claim, including failing to give equal consideration to the insured's interests and refusing a reasonable settlement offer, can render the insurer liable for the full amount of a judgment against the insured, even if it exceeds policy limits.
• Dade Cnty. Sch. Bd. v. Gutierrez
  592 So. 2d 259· Fla. 3d DCA· 1991-11-19
  The Dade County School Board appeals a wrongful death jury verdict after a high school student fell through a skylight during a school-supervised yearbook photo session on the school roof. The court affirms, holding that school officials owed a duty of extraordinary care given th
• Est. of Thomas A. Melucci v. Brown
  946 F.2d 144· 1st Cir.· 1991-10-07
  The court held that a claim for negligent entrustment requires a causal connection between the alleged incompetence of the entrustee and the resulting accident, even if the entrustee was not negligent.
• Elba Marie Valle and Elba N. Valle v. Childs
  585 So. 2d 478· Fla. 3d DCA· 1991-09-10
  The court held that the plaintiff did not carry the burden of demonstrating the absence of any material issue on comparative negligence.
• Fed. Deposit Ins. Corp. v. Ferguson
  982 F.2d 404· 10th Cir.· 1991-08-08
  The court held that comparative negligence principles apply to legal malpractice claims and that the jury's allocation of fault was supported by the record.
• Jackson v. Freightliner Corp.
  938 F.2d 40· 5th Cir.· 1991-08-07
  A settling defendant's rights of contribution and indemnity against a third party are not assignable to the plaintiff under Texas law, as such assignments are void.
• Burke v. SKI Am.
  940 F.2d 95· 4th Cir.· 1991-07-30
  The court held that the plaintiff's assumption that the plastic fencing was a protective barrier was unreasonable, and thus the danger of skiing into rocks and trees was obvious and an inherent risk, meaning the defendant owed no duty of care.
• Howell v. Roadrunner Trucking, Inc.
  586 So. 2d 1083· Fla. 1st DCA· 1991-07-16
• Kilburn v. United States
  938 F.2d 666· 6th Cir.· 1991-07-15
  The court held that the district court did not abuse its discretion by adopting the government's proposed findings of fact and conclusions of law, and its factual findings were not clearly erroneous.
• Dinsmoore v. The Bd. OF Trs. OF the Mem'l Hosp. OF Campbell Cnty.
  936 F.2d 505· 10th Cir.· 1991-06-27
  The court held that the plaintiff did not reasonably undertake a necessary rescue as a matter of law, thus the rescue doctrine did not apply to her claim.
• Adkins v. GAF Corp.
  923 F.2d 1225· 6th Cir.· 1991-01-23
  The court affirmed the trial court's determination of ACL's liability but vacated and remanded the damages award for further findings of fact and conclusions of law.