Comparative Negligence

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

• Badgett v. Thornes
  492 So. 2d 851· Fla. 1st DCA· 1986-08-20
  In this negligence case involving a school bus accident, the appellate court reversed a summary judgment for the bus owner and driver, finding that genuine issues of material fact existed regarding the defendants' agency status, the defendant bus driver's instructions to children
• Tolar v. Caterpillar Tractor Co.
  793 F.2d 654· 5th Cir.· 1986-07-03
  A workers' compensation insurer's right to recoup payments from a third-party recovery is limited to the net amount awarded to the employee after reduction for the employee's own comparative fault.
• Dunster v. Metro. Dade Cnty.
  791 F.2d 1516· 11th Cir.· 1986-06-24
  A jury verdict based on a negligence theory cannot sustain a Fourteenth Amendment due process claim, and Fourth Amendment claims were abandoned.
• Adjustco, Inc. v. Lewis
  491 So. 2d 578· Fla. 1st DCA· 1986-06-20
  Adjustco, Inc. and Morris Timber Company appealed a trial court order limiting their workers' compensation lien to 20% of an employee's third-party settlement, rather than the full 100% they claimed under Florida law. The court affirmed the reduction based on the employee's 80% c
• Woelfel v. Firestone Tire & Rubber Co.
  493 So. 2d 472· Fla. 3d DCA· 1986-06-17
  The trial court correctly set aside the jury's punitive damages award because there was no evidence that the manufacturer had knowledge of a defect or acted with the culpable conduct necessary for such damages. Any error in excluding evidence was harmless.
• Shelby Mut. Ins. Co. v. Davey Ins. Assocs., Inc.
  489 So. 2d 1192· Fla. 3d DCA· 1986-06-03
  The court reversed summary judgment, holding that Davey Insurance assumed liability for its predecessor's agent's negligence in misfiling suit papers, that insurance coverage existed, and that a genuine issue of material fact remained regarding Tavilla's comparative negligence.
• West v. Sears Roebuck & Co.
  780 F.2d 169· 1st Cir.· 1986-01-02
  The court held that the jury could reasonably find that the alleged design defects were not causally related to the plaintiff's injury and that the plaintiff's own negligence may have been the sole proximate cause.
• Winn-Dixie Stores, Inc. v. Roca
  480 So. 2d 171· Fla. 3d DCA· 1985-12-17
  The appellate court reversed a trial court's order regarding the distribution of a worker's compensation lien, finding that the employer, Winn-Dixie, should not have had its lien reduced beyond amounts attributable to comparative negligence or uncollectibility.
• Garland Melton v. Melton Planting Co.
  777 F.2d 237· 5th Cir.· 1985-11-26
  The court held that genuine issues of material fact existed regarding the employer's duty to promulgate rules and its instruction or acquiescence in the use of a dangerous method, precluding summary judgment.
• Pantry Pride & Crawford & Co. v. Hayes
  477 So. 2d 20· Fla. 3d DCA· 1985-10-08
• Am. Home Assurance Co. v. Liberty Mut. Ins. Co.
  772 F.2d 1161· 6th Cir.· 1985-09-26
  The court reversed and remanded because the district court applied an outdated standard for evaluating the insurer's bad faith in failing to settle a claim, and subsequent case law altered that standard.
• E. Cent. Elec. Coop. v. Robert Gordon Equip., Inc.
  772 F.2d 662· 10th Cir.· 1985-09-17
  The court held that the indemnity statute applies only to liability incurred as a result of violations of that specific act, not for the utility's own negligence.
• Gumper v. Richard S. Bach, D.D.S.
  474 So. 2d 420· Fla. 3d DCA· 1985-08-27
• Howard v. Calvin
  473 So. 2d 1365· Fla. 3d DCA· 1985-08-06
  An architect and engineering firm was found 80% liable for negligence in approving an inadequate air conditioning system at Miami International Airport that allowed carbon monoxide fumes to accumulate and injure an employee. The court affirmed the negligence judgment but reversed
• Kolosky v. Winn Dixie Stores, Inc.
  472 So. 2d 891· Fla. 4th DCA· 1985-07-24
  The Koloskys sued Winn Dixie for negligence after Mrs. Kolosky was injured when three unsupervised children running through the store knocked her down. The trial court granted Winn Dixie's motion for directed verdict, but the appellate court reversed, holding that the store had s
• Longa v. Eskimo Freeze, Inc.
  468 So. 2d 468· Fla. 4th DCA· 1985-05-08
• Snider v. Wanamaker
  466 So. 2d 372· Fla. 1st DCA· 1985-03-15
  The court held that a dismissal under section 627.737(3) is improper if the underlying tort action was not brought pursuant to the Florida no-fault statute.
• Margain v. Maize & Blue Props., Inc.
  753 F.2d 47· 6th Cir.· 1985-01-22
  The court held that under Michigan law, damages for a single indivisible injury caused by concurrent tortfeasors cannot be apportioned based on relative fault; defendants are jointly and severally liable.
• Farrington v. Houston's Inc.
  750 F.2d 492· 5th Cir.· 1985-01-17
  The court held that the district court did not err in allowing the jury to consider a Louisiana statute prohibiting service to intoxicated persons as a factor in determining negligence.
• Indus. Valley Bank & Tr. Co. v. The Dilks Agency & First State Ins. Co. Appeal of The Dilks Agency
  751 F.2d 637· 3d Cir.· 1985-01-07
  The court held that the plaintiff bank's own negligence in failing to inform its insurance broker of a known potential claim barred recovery for losses incurred when that claim was made after a policy change.
• Goodstein v. Gary Fronrath Chevrolet, Inc.
  458 So. 2d 869· Fla. 4th DCA· 1984-11-14
  The court held that the trial court erred in directing a verdict for the defendant because there were conflicts and inferences in the evidence requiring jury determination.
• Metro. Dade Cnty. v. COX
  453 So. 2d 1171· Fla. 3d DCA· 1984-08-07
  Metropolitan Dade County appeals a $50,000 judgment in a slip-and-fall case, arguing that evidence of its prior notice of a dangerous condition should have been excluded because it admitted liability. The court affirmed, holding that in comparative negligence cases, a defendant c
• RPC Corp. v. Cable Marine, Inc.
  451 So. 2d 495· Fla. 4th DCA· 1984-04-11
• Wade v. Descent Control & U.S. Forgecraft Corp.
  727 F.2d 111· 6th Cir.· 1984-02-16
• Lafler v. Burlington N., Inc.
  724 F.2d 98· 8th Cir.· 1984-01-06
  The court held that the admission of the defendant's expert testimony was not an abuse of discretion, as the plaintiff opened the door to inquiry into his personal history by putting his psychological state in issue.
• Jacksonville Shipyards, Inc. v. Oswego Petroleum Carriers, Inc.
  443 So. 2d 349· Fla. 1st DCA· 1983-12-29
  Jacksonville Shipyards appeals a judgment denying its claim for attorney's fees and costs in a maritime indemnity dispute. The court held that a clear indemnity clause in the repair contract entitled Shipyards to recover attorney's fees and costs as an incident of indemnity, and
• Kiou Jalayer v. Perlman
  442 So. 2d 261· Fla. 3d DCA· 1983-11-15
  Plaintiff's appeal of a negligence judgment awarding $30,000 in damages (reduced from $100,000 by 70% comparative negligence finding) is affirmed because no trial court error affected the outcome to plaintiff's detriment.
• Hales v. Ill. Cent. Gulf R.R. Co.
  718 F.2d 138· 5th Cir.· 1983-10-28
  The court held that the district court erred by failing to make findings of fact regarding the dangerousness of the railroad crossing and its effect on causation, requiring a remand.
• City OF Hallandale v. Isa Lee Arose
  435 So. 2d 985· Fla. 4th DCA· 1983-08-10
• Pfeiffer v. Silver
  712 F.2d 799· 2d Cir.· 1983-07-15
  The appellate court held that the trial court's findings regarding the motorcyclist's excessive speed and the position of the car at the time of impact were clearly erroneous, and therefore reversed the judgment.
• Thomas E v. McCABE Powers Body Co.
  713 F.2d 1· 2d Cir.· 1983-07-11
  The court held that the evidence was insufficient to support the jury's finding that the employer's specifications caused the design defects, requiring a redetermination of comparative responsibility. However, the judgment against the manufacturer for design defects was affirmed.
• The City OF Hialeah v. Calderon
  430 So. 2d 566· Fla. 3d DCA· 1983-05-03
  The City of Hialeah appealed a judgment awarding damages to Orlando Calderon for personal injuries, arguing the trial court erred by denying its motion to set off a prior settlement. The appellate court affirmed the judgment, finding the jury and trial judge could reasonably conc
• Karl v. Bryant AIR Conditioning Co. & Carlysle Compressor Co.
  705 F.2d 164· 6th Cir.· 1983-04-13
  The court held that Michigan's products liability statute, which applies comparative negligence principles to all products liability actions, could be applied retroactively to an implied warranty action that accrued and was filed before the statute's enactment but tried afterward
• Emmett E. Neathery v. M/V Overseas Marilyn & Mar. Overseas Corp.
  700 F.2d 140· 4th Cir.· 1983-02-10
  A seaman discharged without fault justifying the discharge, even if the seaman was negligent, is entitled to statutory damages under 46 U.S.C. § 594.
• Sundstrom v. C. Joseph Grover, King-Grover-Magnacca, P.A.
  423 So. 2d 637· Fla. 4th DCA· 1982-12-29
  The trial court erred in reducing the wife's damages based on the oral surgeon's percentage of negligence rather than the wife's non-negligence percentage under comparative negligence doctrine, and the court reversed and remanded for recalculation.
• Consol. Aluminum Corp. v. Huntt
  425 So. 2d 1156· Fla. 3d DCA· 1982-12-28
  The court held that the award of punitive damages was unsupported by evidence of willful and wanton disregard for safety, while the compensatory damages award was affirmed.
• Bialek v. Rumiya S. Lensen
  421 So. 2d 654· Fla. 1st DCA· 1982-10-29
  The court held that the jury could properly find that the improper parking of a truck was a foreseeable and proximate cause of a subsequent collision, even with the decedent's potential negligence.
• Gen. Foods Corp. (maxwell House Division) v. Brown
  419 So. 2d 393· Fla. 1st DCA· 1982-09-14
  The court held that the trial court did not err in its rulings regarding jury selection, sufficiency of evidence, or jury instructions.
• Utesch v. Atlas Motor Inns, Inc.
  687 F.2d 20· 3d Cir.· 1982-08-24
  The court held that the trial judge's jury instructions regarding the Virgin Islands Building Code and architectural licensing statute were prejudicial and constituted reversible error.
• Champelovier v. Metro. Dade Cnty. & Otis Elevator, Inc.
  418 So. 2d 439· Fla. 3d DCA· 1982-08-24
• Ricker Agency, Inc. v. Hoxie
  418 So. 2d 368· Fla. 5th DCA· 1982-08-18
  Ricker Agency appeals a summary judgment ordering it to defend insured parties in a slip-and-fall liability case after their insurance policy expired. The court reversed, finding genuine issues of material fact regarding whether the agency breached a duty to provide continuing co
• Burleson v. Feallock
  417 So. 2d 1149· Fla. 1st DCA· 1982-08-11
• Seaboard Coast Line R.R. Co. v. Abdul Karim
  417 So. 2d 1083· Fla. 3d DCA· 1982-08-10
  Seaboard Coast Line Railroad appealed final judgments denying its indemnity claims against third-party defendants (Econo Inn, Miami Airliner Corporation, and Abdul Karim) for injuries sustained by railroad employees in a van collision. The court affirmed, finding that the injurie
• Wallace E. Miller, M.D. v. Cooney
  416 So. 2d 1196· Fla. 3d DCA· 1982-07-06
  The court held that refusing to admit an alleged admission of the plaintiff into evidence was not reversible error because it was cumulative and immaterial to the issue of comparative negligence.
• Med. Pers. Pool, Inc. v. Eady
  416 So. 2d 38· Fla. 4th DCA· 1982-06-30
  Medical Personnel Pool and its servicing agent appealed an equitable distribution order in a workers' compensation subrogation case. The court reversed because the trial court awarded only $1,000 in equitable distribution when the appellants were statutorily entitled to 50% of th
• Walburga Beltran v. Waste Mgmt.
  414 So. 2d 1145· Fla. 3d DCA· 1982-06-08
  The trial court erred by instructing the jury on the doctrine of last clear chance, which is inapplicable in a comparative negligence jurisdiction.
• Walker v. Kan. City S. Ry. Co.
  674 F.2d 1130· 5th Cir.· 1982-05-07
  The court held that the jury instructions misstated Texas law by not requiring a specific finding that the crossing was extra-hazardous, and that the magistrate erred in not granting judgment notwithstanding the verdict.
• Potter v. Florida Highway Patrol
  413 So. 2d 452· Fla. 5th DCA· 1982-05-05
• The City OF Live OAK v. Sargent-Sowell, Inc.
  413 So. 2d 1241· Fla. 1st DCA· 1982-04-29
  In this consolidated appeal arising from a vehicular collision at a traffic light in Live Oak, Florida, the court addressed indemnity liability between tortfeasors and the prejudicial effect of improperly submitted evidence. The court affirmed the directed verdict against the Cit
• Hobbs v. Armco, Inc.
  413 So. 2d 118· Fla. 1st DCA· 1982-04-26
  Hobbs, an oil rig worker, was injured when a pipe fell from an unguarded V-door ramp manufactured by Armco, severing his spine. The trial court granted summary judgment for Armco based on assumption of risk, but the appellate court reversed, holding that assumption of risk presen