Comparative Negligence

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

• Foley v. Outboard Marine Corp.
  573 So. 2d 118· Fla. 3d DCA· 1991-01-08
  The Foleys appealed from a trial court order reducing their jury verdict in a products liability case against Outboard Marine after Don Foley was injured by a lawnmower. The court reversed the remittitur order, finding the jury verdict was not excessive, but affirmed the directed
• Bess Caroline Molett v. Penrod Drilling Co.
  919 F.2d 1000· 5th Cir.· 1990-12-26
  The court held that ancillary jurisdiction was proper, the settlement was reasonable, and that the district court's findings were not clearly erroneous.
• Bootz v. Crown Leisure Corp.
  569 So. 2d 842· Fla. 1st DCA· 1990-11-06
  Diane Bootz appeals a summary judgment that barred her hearing loss claim based on assumption of risk after she suffered sudden sharp ear pain and tinnitus from loud music at a nightclub. The court reversed, holding that under Mazzeo v. City of Sebastian, assumption of risk does
• Slane v. Jerry Scott Drilling Co., Inc.
  918 F.2d 123· 10th Cir.· 1990-11-02
  The court held that the trial court erred in giving a sudden emergency jury instruction that misstated Oklahoma law and improperly applied to all defendants, constituting reversible error. However, the court found no error in the assumption of risk instruction and that improper c
• Tomsey v. Stone
  568 So. 2d 1335· Fla. 4th DCA· 1990-10-31
  The court held that the jury's apportionment of fault and damages award were against the manifest weight of the evidence.
• Frye v. Suttles
  568 So. 2d 983· Fla. 1st DCA· 1990-10-22
  In this personal injury appeal, the Fryes sought a new trial after a jury awarded Mr. Frye $140,000 in damages but awarded Mrs. Frye nothing on her loss-of-consortium claim. The appellate court affirmed the damages award to Mr. Frye as legally sufficient but reversed and remanded
• Masdeu v. Quintero
  564 So. 2d 577· Fla. 3d DCA· 1990-07-24
  Plaintiff Masdeu appealed a judgment awarding zero damages in a negligence action arising from an automobile accident, despite a jury verdict finding liability and assessing damages at $11,500. The appellate court affirmed the trial court's decision to override the jury's damage
• Glenna Harper v. Agency Rent-A-Car, Inc.
  905 F.2d 71· 5th Cir.· 1990-06-26
  The court held that Agency Rent-A-Car was not a common carrier and therefore not subject to the higher standard of care, and the erroneous jury instruction was not harmless.
• Rosalyn Mapps v. Richard Wolff, M.D.
  561 So. 2d 397· Fla. 4th DCA· 1990-05-09
  In a medical malpractice wrongful death action, the court upheld the admission of a divorced father's allegations about the mother's fitness from his dissolution petition, finding them relevant to the defendant's comparative negligence defense regarding parental care of the decea
• Kelley v. SUN Transp. Co.
  900 F.2d 1027· 7th Cir.· 1990-04-17
  The court held that a supervisory employee's negligence under the Jones Act is subject to comparative fault analysis, not an absolute bar to recovery, unless the employer is found to be non-negligent.
• Brunson v. The Dade Cnty. Sch. Bd.
  559 So. 2d 646· Fla. 3d DCA· 1990-03-13
  The court held that the father's actions, in allowing his son to travel alone after the school board failed to provide promised bus transportation, did not constitute an independent intervening cause that relieved the school board of liability.
• Fed. Deposit Ins. v. Cherry
  113 F.R.D. 1· M.D. Fla.· 1990-03-01
  The court held that recent Eleventh Circuit precedent requires reconsideration of the denial of discovery for post-closing loan documents, granting the motion for non-privileged documents, but reaffirmed the denial of reconsideration for the attorney-client privilege issue.
• Maldonado v. United States
  893 F.2d 267· 10th Cir.· 1990-01-04
  The court held that the New Mexico Recreational Use Statute (NMRUS) applies to federal lands and that under the NMRUS, the United States owed no duty of care to the plaintiff, who was considered a trespasser on a natural condition of the land.
• Gish v. CSX Transp., Inc.
  890 F.2d 989· 7th Cir.· 1989-12-11
  The court held that the district court did not err in instructing the jury on comparative negligence, as there was sufficient evidence for the jury to find that the plaintiff's actions added new dangers to the situation, contributing to his injury.
• Snyder v. Ridenour
  889 F.2d 1363· 4th Cir.· 1989-11-24
  The court held that the appellant waived his right to appeal issues by failing to file timely objections to the magistrate's report, as required by the Magistrate's Act and Rule 72.
• The Golfview Club AT Fountainbleau Park Condo. v. Parker
  549 So. 2d 1130· Fla. 3d DCA· 1989-10-10
  The Golfview Club was found 100% liable for the death of Stephanie Caneda, who fell through a glass-covered garbage chute on the condominium roof. The appellate court affirmed the jury's verdict, finding no error in the jury instructions regarding the victim's status as an invite
• City OF Miami v. Roby
  546 So. 2d 1079· Fla. 3d DCA· 1989-06-13
  The City of Miami appeals a jury verdict finding it liable for damages arising from a 1982 rear-end collision with Arthur Roby. The appellate court reversed because the trial court improperly prevented the City from impeaching Roby's testimony with his prior inconsistent interrog
• Daniel H. Kane, M.D. v. Young
  543 So. 2d 793· Fla. 3d DCA· 1989-04-25
• Young v. Baugh
  870 F.2d 350· 7th Cir.· 1989-02-22
  The court held that Indiana law imposes a negligence standard for dog bite cases, regardless of the victim's status as an invitee or licensee.
• Dixie L. Handy and Kenneth L. Handy v. United States
  867 F.2d 1150· 8th Cir.· 1989-02-16
• SUN Supermarkets, Inc. v. Leon
  534 So. 2d 810· Fla. 3d DCA· 1988-11-29
  The appellate court affirmed the jury verdict, finding it was not excessive and supported by sufficient evidence.
• Darrel Quinn v. Polk Cnty.
  861 F.2d 522· 8th Cir.· 1988-11-18
  The court held that the sheriff's department's actions did not constitute negligence or a due process violation, and the plaintiff's own fault exceeded the sheriff's.
• Milt Millman v. Howard Johnson's Co.
  533 So. 2d 901· Fla. 3d DCA· 1988-11-15
  A hotel guest won a $50,000 jury verdict (reduced to $25,000 after comparative negligence) for damages from an armed robbery in his locked motel room. The trial court erroneously reduced the judgment to $500 under a statutory liability cap, but the appellate court reversed, holdi
• Derrer v. Ga. Elec. Co. & Bryant Elec. Co.
  537 So. 2d 593· Fla. 3d DCA· 1988-11-01
  In a negligence action arising from an intersection automobile accident, the trial court granted defendants' motion for judgment notwithstanding the verdict despite the jury finding defendants 70% negligent. The appellate court affirmed, holding that defendants' negligence in mak
• Greyhound Leasing & Fin. Corp. v. Norwest Bank OF Jamestown
  854 F.2d 1122· 8th Cir.· 1988-08-26
  The court held that even if the attorney was negligent, the client's own substantial negligence barred recovery under North Dakota law.
• Grandchamp v. United AIR Lines, Inc.
  854 F.2d 381· 10th Cir.· 1988-08-18
  The court held that a bare age discrimination claim, without more, does not support a claim for intentional infliction of emotional distress under Colorado law.
• Breaux v. Diamond M Drilling Co.
  850 F.2d 239· 5th Cir.· 1988-07-27
  Assumption of risk is no longer a distinct legal concept in Louisiana tort law and is governed by comparative fault principles.
• Mair v. C & O R.R.
  851 F.2d 829· 6th Cir.· 1988-07-12
  The court held that the railroad was not liable for the trespasser's injuries because it owed no duty of care as a landowner and its employees' alleged negligent advice to the trespasser was outside the scope of their employment.
• Vidal Sainz, Jr. v. Bucelo
  527 So. 2d 911· Fla. 3d DCA· 1988-06-28
  In a medical malpractice and wrongful death case, the Florida Third District Court of Appeal reversed and remanded the trial court's judgment because the court erroneously excluded mortality tables and restricted life expectancy evidence to an inconclusive expert opinion, which w
• Estock v. Zivadin Krstic
  526 So. 2d 768· Fla. 3d DCA· 1988-06-14
  Patricia Estock appeals a directed verdict granted in favor of motorboat operator Zivadin Krstic after she suffered injuries from falling on his boat during an outing. The court reversed, holding that Krstic's alleged violation of Florida's statute prohibiting operation of a vess
• Gen. Contractors OF Am., Inc. v. Stinson
  524 So. 2d 1148· Fla. 3d DCA· 1988-05-17
  The appellate court reversed a mechanic's lien foreclosure judgment, finding that the contractor's claim of lien was timely filed within the statutory 90-day period.
• The Forte Towers, Inc. v. Otto Lederer and Helen Lederer
  528 So. 2d 400· Fla. 3d DCA· 1988-05-10
  Forte Towers appealed the denial of a directed verdict in a negligence case where a resident was struck by a car that rolled down the apartment building's entrance ramp. The court affirmed, holding that sufficient evidence existed for the jury to find Forte negligent in failing t
• Woodard v. Barkley
  523 So. 2d 777· Fla. 2d DCA· 1988-04-20
  The trial court properly instructed the jury on section 316.085(2), Florida Statutes, as its plain language and prior case law support its applicability to a vehicle slowing to make a left turn into a driveway.
• State v. Romero
  524 So. 2d 1032· Fla. 5th DCA· 1988-02-25
  An inmate injured while operating a prison work detail tractor sued the Department of Corrections for negligence in failing to provide a seatbelt. The trial jury found the DOC 100% negligent and the inmate free from contributory negligence, awarding $100,000 in damages. The appel
• ROY A. Glisson, Inc. v. Anne Marie Gilbert
  516 So. 2d 1029· Fla. 4th DCA· 1987-12-09
  A real estate broker is not liable for negligence in failing to discover adverse factors concerning a prospective lessee if the record does not show that a reasonably competent and diligent investigation would have disclosed such information.
• Delisa v. Stewart Agency, Inc.
  515 So. 2d 426· Fla. 4th DCA· 1987-11-18
  The court held that evidence of the plaintiff's intoxication and failure to exercise due care was admissible and relevant for the jury's consideration in a products liability case involving comparative negligence.
• Felix and Shirley Wichner v. Choctaw, Inc.
  831 F.2d 67· 5th Cir.· 1987-10-22
  The court certified the question of whether a wife's loss of consortium award should be reduced by her husband's contributory negligence to the Mississippi Supreme Court.
• Marshall v. Neptune Mar., Inc.
  838 F.2d 737· 5th Cir.· 1987-09-30
  The court held that the jury charge was adequate despite an incomplete appellate record and appellant's complaints about specific instructions.
• Tyson v. Litwin Corp. v. Hess OIL V.I. Corp.
  826 F.2d 1255· 3d Cir.· 1987-08-17
  The dissenting judge would hold that the employees were borrowed servants of HOVIC and that the verdict form was fatally flawed, warranting reversal and a new trial.
• Zerangue v. DELTA Towers, Ltd.
  820 F.2d 130· 5th Cir.· 1987-06-25
  The court held that the evidence was sufficient to support the jury's finding of negligence and premises defect, but the damages awarded were excessive.
• Landowski v. Grand Trunk W. R.R. Co.
  822 F.2d 600· 6th Cir.· 1987-06-24
  A railroad company that complies with federal permits to remove bridge structures is immune from liability for subsequent navigational hazards caused by changed river conditions, as the continuing duty to prevent obstructions rests with the federal government.
• Oklahoma Crude Exploration v. DOW Chem. Co.
  821 F.2d 1434· 10th Cir.· 1987-06-17
  The court held that the jury, by its instructions and verdict form, clearly indicated it had already computed the damages by applying the comparative negligence percentages, and the trial court erred by reducing the award a second time.
• Med. Pers. Pool OF Palm Beach, Inc. v. Walsh
  508 So. 2d 453· Fla. 4th DCA· 1987-05-27
  The court held that the trial court did not abuse its discretion in denying the appellant's motion to strike contradictory testimony, as alternative remedies were available and not sought.
• Palm Beach Newspapers, Inc. v. Walker
  506 So. 2d 39· Fla. 4th DCA· 1987-04-22
  Palm Beach Newspapers appealed a partial summary judgment on comparative negligence, arguing it was a final appealable order. The court held that the partial summary judgment was not final or immediately appealable because the comparative negligence claim was interrelated with re
• McPHERSON v. Cleveland Punch & Shear Co.
  816 F.2d 249· 6th Cir.· 1987-04-14
  A third party cannot bring an action for contribution or indemnification against an employer for intentional tortious conduct that injured an employee, even if the employee could have sued the employer for intentional tort. An employer's counterclaim for increased workers' compen
• Schoenbach v. VMS Realty, Inc.
  503 So. 2d 382· Fla. 3d DCA· 1987-02-17
• Div. OF Risk Mgmt. v. Nationwide Ins. Co.
  504 So. 2d 11· Fla. 1st DCA· 1986-12-31
  The Division of Risk Management appealed an equitable distribution order that limited its recovery of workers' compensation benefits paid to an injured employee who settled a third-party personal injury claim for $25,000. The court reversed, holding that the workers' compensation
• Rusin v. Glendale Optical Co., Inc.
  805 F.2d 650· 6th Cir.· 1986-11-20
  A manufacturer of industrial safety equipment sold to a sophisticated employer does not have a duty to warn employees of the availability of alternative products with superior characteristics.
• Andrews v. United States & Carl Andrews
  801 F.2d 644· 3d Cir.· 1986-09-19
  The court held that the United States provided adequate warnings for the dam, but that the district court erred in finding passengers negligent for failing to maintain a lookout, requiring remand of claims against the estate of Laverne Andrews.
• Christel Platt and David Platt v. Schwindt
  493 So. 2d 520· Fla. 2d DCA· 1986-08-29
  The Platts appealed a judgment awarding them damages for injuries sustained by Mrs. Platt in a bicycle-car collision, arguing that the trial court improperly excluded jury instructions on future loss of earning capacity and loss of consortium. The court agreed and reversed, findi