Comparative Negligence

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

• 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
• Robert C. Piper, M.D. v. Moore
  410 So. 2d 646· Fla. 3d DCA· 1982-03-09
• Peninsular Life Ins. Co. v. Picklesimer
  402 So. 2d 1326· Fla. 4th DCA· 1981-08-26
  This case concerns whether a workers' compensation carrier is entitled to a pro rata distribution from a settlement obtained by an injured employee against a third-party tortfeasor, when the employee was 100% at fault.
• Tohn v. Montgomery Elevator Co.
  400 So. 2d 1061· Fla. 3d DCA· 1981-06-30
  An employee injured in an elevator accident received workers' compensation benefits and settled a third-party tort claim against the elevator company. The trial court required the employee to reimburse her employer's insurance carrier for the full workers' compensation benefits p
• Robertson v. Jeffboat, Inc.
  651 F.2d 434· 6th Cir.· 1981-06-19
  The court held that a shipbuilder employer's knowledge of dangerous conditions is attributable to its capacity as vessel owner, establishing negligence under 33 U.S.C. § 905(b).
• Venes v. Heck
  642 F.2d 380· 10th Cir.· 1981-02-26
  The court held that the jury's award of damages was grossly inadequate and reversed the judgment against the driver, remanding for a new trial on both liability and damages. The court also reversed the summary judgment for the employer, remanding for reconsideration in light of a
• Nurdin v. Anheuser-Busch, Inc.
  392 So. 2d 928· Fla. 2d DCA· 1980-12-12
  Appellants Marjorie Nurdin and Kal-Mar Construction appealed summary judgment in favor of Anheuser-Busch after Nurdin, an employee of an independent contractor, allegedly tripped over a propane hose on a catwalk at Busch Gardens and fell. The appellate court reversed, holding tha
• Lowell Thomas Stokes v. Clark
  390 So. 2d 489· Fla. 1st DCA· 1980-12-02
  The court held that a party seeking attorney's fees under Rule 1.380(c) must prove the denied matter and show the denying party lacked reasonable grounds to believe they might prevail.
• Marvine Francis v. LA Pierre
  390 So. 2d 470· Fla. 5th DCA· 1980-11-26
  The court held that the trial court correctly left questions of proximate cause, injury threshold, and apportionment of damages between two collisions to the jury.
• Davis v. Tedder
  388 So. 2d 278· Fla. 4th DCA· 1980-09-10
  The court held that the defendant City Manager owed no special duty to the plaintiff beyond that owed to the public generally, thus a directed verdict should have been entered in his favor.
• Booth S.S. Co., Ltd. v. Calzada
  382 So. 2d 425· Fla. 3d DCA· 1980-04-15
  The court held that federal maritime law, including comparative negligence, should have been applied, and the trial court erred in granting a directed verdict without considering it.
• Metro. Dade Cnty. v. Taddia
  378 So. 2d 804· Fla. 3d DCA· 1980-03-04
  Metropolitan Dade County, a self-insured employer, appealed a trial court order denying it recovery under its workers' compensation subrogation lien against a third-party tortfeasor settlement. The appellate court reversed, holding that the trial court failed to properly evaluate
• King Pest Control v. Binger
  379 So. 2d 660· Fla. 4th DCA· 1980-01-16
  King Pest Control appeals a $37,500 judgment in an automobile accident case, challenging the trial court's allowance of an unlisted expert witness during rebuttal and denying a motion for new trial based on opposing counsel's misconduct. The court establishes that all reasonably
• Walsh v. Zuisei Kaiun K. K.
  606 F.2d 259· 9th Cir.· 1979-10-09
  The court held that the owners of the RHEIN MARU owed a compulsory pilot a duty of rescue, and their failure to adequately notify the pilot launch of the accident breached that duty. The court also held that the pilot's negligence reduced damages under comparative negligence, and
• State Farm Mut. Auto. Ins. Co. v. Amos Eberhardt, Jr.
  374 So. 2d 1113· Fla. 4th DCA· 1979-09-06
  The court held that the set-off principles established in Hoffman v. Jones and Stuyvesant Insurance Company v. Bournazian do not apply to benefit an uninsured motorist when their adversary is insured.
• The Hammet Co., Inc. v. State
  368 So. 2d 665· Fla. 1st DCA· 1979-03-20
• Hector v. Fla. Farm Bureau Mut. Ins. Co. & Ernest Heath
  364 So. 2d 1253· Fla. 2d DCA· 1978-12-01
  Brenda Hector appeals from judgments in two consolidated automobile accident cases, challenging the judgment against her in one case and the inadequate $1,000 damages award in the other. The court affirms the judgment against Heath but reverses and remands the Williams case for a
• Leigh v. The United States
  586 F.2d 121· 9th Cir.· 1978-11-09
  The court held that the amended Oregon comparative negligence statute, which applies retroactively to cases 'tried' after its effective date, does not apply to cases tried before that date, even if they are still pending on appeal.
• Huston v. Thomas Shows, Inc.
  587 F.2d 375· 8th Cir.· 1978-11-09
  The court held that the trial court erred in entering judgment based on jury interrogatories despite an inconsistent answer to a question indicating jury intent, and that a new trial was warranted.
• Kilpatrick v. Keener
  364 So. 2d 20· Fla. 1st DCA· 1978-10-16
  A high school student appealed from a jury verdict awarding him $1,200 in damages after being struck by a vehicle's mirror while walking on a roadway shoulder. The trial court denied his motion for new trial, and the appellate court affirmed, holding that although the damages awa
• Brown v. Am. Motorists Ins. Co.
  368 So. 2d 597· Fla. 1st DCA· 1978-09-21
  The court affirmed a jury's verdict absolving appellees of liability in a personal injury action where the appellant was struck by a mirror extending from a mobile home being towed.
• Smith v. Lumbermen's Mut. Cas. Co.
  360 So. 2d 1098· Fla. 1st DCA· 1978-06-16
  In this automobile accident case, Smith collided with an oversized portable classroom being transported by the Sumners' employee across a bridge. The trial court refused to instruct the jury on Florida's statutory width limit for vehicles, and the jury found Smith 90% negligent a
• Smith v. Tampa Elec. Co.
  46 Fla. Supp. 185· Hillsborough Cty. Cir. Ct.· 1977-12-08
  A circuit court denied defendants' motions for new trial, judgment notwithstanding the verdict, and remittitur in a personal injury case where a construction worker was severely burned by electrical current from Tampa Electric Company's temporary, uninsulated power lines. The cou
• Chase v. Gilmore
  353 So. 2d 591· Fla. 3d DCA· 1977-12-06
  In this wrongful death action arising from a pedestrian struck by a motorcycle, the jury found the defendant 20% negligent and awarded damages totaling $305,000 to the decedent's family. The appellate court affirmed the judgment, rejecting challenges to jury instructions on motor
• Hunt v. SUN Valley Co., Inc.
  561 F.2d 744· 9th Cir.· 1977-09-19
  The court held that the trial court did not err in refusing to instruct the jury that the ski lift operator was a common carrier or in refusing to instruct on strict liability or the rescue doctrine.
• Pensacola Elec. Garage v. Effie C. Colley and Luby D. Colley
  348 So. 2d 667· Fla. 1st DCA· 1977-08-05
  In this negligence case arising from a fall, the trial court granted judgment notwithstanding the jury's verdict, setting aside the jury's finding that the plaintiff was 35% negligent. The appellate court reversed, holding that under Florida's comparative negligence rule, directe
• Harrison v. Holiday Inns, Inc.
  554 F.2d 259· 5th Cir.· 1977-07-27
  The court held that the affirmative defense of implied assumption of risk is merged into the defense of contributory negligence, and comparative negligence principles apply.
• AETNA Cas. & Sur. Co. v. Kelley
  340 So. 2d 953· Fla. 2d DCA· 1976-12-10
  Aetna, on behalf of injured worker Juan Roman and his wife, appeals from a trial court order granting a new trial based on a finding that the jury rendered a quotient verdict. The appellate court reverses, holding that the jury's adoption of plaintiff's damages figure from the bl
• Bonded Transp., Inc. v. Ebbin A. LEE and Joyce Jacquelyn Lee
  336 So. 2d 1132· Fla.· 1976-07-08
  The court held that the issue of comparative negligence cannot be raised for the first time on appellate review.
• Hanson v. Fla. E. Coast Ry. Co.
  334 So. 2d 63· Fla. 3d DCA· 1976-06-02
  The court affirmed a trial court's judgment that a former spouse of a state employee is entitled to survivor retirement benefits, even after the employee divorced and remarried.
• Seaboard Coast Line R.R. Co. v. Arnett
  338 So. 2d 194· Fla.· 1976-05-19
  The Florida Supreme Court held that estoppel by judgment applies to prevent a father from relitigating negligence of a railroad company in a second wrongful death action, even though the two suits involved different deceased children from the same accident. The court resolved a c
• Honey v. Farrell
  332 So. 2d 41· Fla. 2d DCA· 1976-05-12
  In this motor vehicle accident case, the court reversed a summary judgment for the defendant, holding that even under comparative negligence, genuine issues of material fact regarding the defendant's negligence precluded summary judgment as a matter of law.
• Grilliette v. Ark. Cement Corp.
  535 F.2d 445· 8th Cir.· 1976-05-07
  A jury instruction that withdraws a material issue from consideration, even if other instructions correctly state the law, is prejudicial error under Arkansas law.
• Eckert v. Gov't Emps. Ins. Co. & Gizella S. Szuri
  334 So. 2d 119· Fla. 3d DCA· 1976-05-04
  The appellate court affirmed the trial court's modification of alimony and tax liability, finding that the property settlement agreement was subject to modification and that the wife was responsible for her own income taxes.
• Shibley v. ST. Louis-San Francisco Ry. Co.
  533 F.2d 1057· 8th Cir.· 1976-04-15
  The court held that the trial court did not err in instructing the jury on the speed of the train, the duty to maintain a lookout, the sounding of the whistle/bell, and the abnormally dangerous nature of the crossing, as there was sufficient evidence for a jury to consider these
• Davis v. Howell G. Lewis and Ruby Lewis
  331 So. 2d 320· Fla. 1st DCA· 1976-03-30
  In this personal injury case, a garbage truck driver struck a pipe projecting from a parked pickup truck at Florida State University's maintenance yard, and the pipe fell on the supervisor standing nearby. The appellate court affirmed the jury verdict for the plaintiffs, rejectin
• Trammel v. Reliance Ins. Co. & Larry Frady Crane Serv.
  328 So. 2d 868· Fla. 4th DCA· 1976-03-26
• Hall v. Gen. Tire & Rubber Co.
  43 Fla. Supp. 202· Palm Beach Cty. Cir. Ct.· 1976-02-24
  The court held that a workers' compensation carrier is entitled to equitable distribution of $1,930.50 from a third-party settlement, calculated according to specific statutory factors.
• Vidi v. Stanley
  327 So. 2d 783· Fla. 3d DCA· 1976-01-20
  The court held that the trial court did not err in directing a verdict for the plaintiff on the issue of liability.
• Harmon v. United States
  532 F.2d 669· 9th Cir.· 1975-12-24
  The court held that the United States Forest Service had no duty to warn rafters of high water conditions on the Salmon River because the danger was obvious and should have been recognized by the decedents, and therefore, their contributory negligence barred recovery.
• Quinionez v. United States
  526 F.2d 799· 9th Cir.· 1975-11-10
  The court held that the California Supreme Court's decision in Li v. Yellow Cab Co., which replaced contributory negligence with comparative negligence, applies retroactively to cases where trial had not yet begun.
• Goodman v. Miami Crane Serv., Inc.
  43 Fla. Supp. 102· Dade Cty. Cir. Ct.· 1975-10-29
  A plaintiff injured at a construction site sued a subcontractor for negligence. The defendant claimed immunity under Florida's Workmen's Compensation Law based on the law in effect when the injury occurred, but the court held that a 1974 statutory amendment removing such immunity
• Chestnut v. Valeria Hiers Curry
  316 So. 2d 318· Fla. 1st DCA· 1975-06-30
  The dissenting judge held that the issue of resubmitting a limited verdict form to the jury was preserved for appeal.
• City OF Coral Gables v. Logan
  317 So. 2d 92· Fla. 3d DCA· 1975-06-24
  The City of Coral Gables appeals from a judgment in a wrongful death action arising from a motorcycle-truck collision. The court reverses, holding that municipalities have no duty to instruct drivers to avoid particular intersections and cannot be held liable when their employee-
• Bowman v. Williams
  314 So. 2d 811· Fla. 2d DCA· 1975-06-11
  Appellants challenged a jury verdict for appellees in a personal injury case based on the newly-adopted comparative negligence doctrine from Hoffman v. Jones. The court held that the comparative negligence doctrine applies on appeal even when not raised at trial, because appellan
• Lolita M. Waddell & Gov't Emps. Ins. Co. v. Trudy Frank Faust
  310 So. 2d 417· Fla. 3d DCA· 1975-04-08
  The trial court properly exercised its discretion in ordering a new trial after finding the jury's apportionment of negligence (75% defendant, 25% plaintiff) was clearly against the manifest weight of the evidence, and the appellate court affirmed.
• Cyrus A. Little v. Peruz Miller
  311 So. 2d 116· Fla. 4th DCA· 1975-04-04
  In this vehicular collision personal injury case, the trial court refused to give a jury instruction on concurrent negligence, leading to a verdict for the defendant. The appellate court reversed, finding that the instruction was necessary because multiple parties' negligence cou
• Wood v. Barksdale
  309 So. 2d 187· Fla. 1st DCA· 1975-03-12
  The dissenting judge argued that plaintiffs were incidental, not intended, third-party beneficiaries of the federal grant agreement and thus could not recover for breach of contract.
• Humberstone v. Muller
  309 So. 2d 63· Fla. 2d DCA· 1975-02-21
  The court addressed whether the comparative negligence rule from Hoffman v. Jones applies to a case tried after the Fourth District's decision but before Supreme Court affirmance. The court held that because appellants timely and appropriately raised the comparative negligence is
• Suarez v. Godfrey
  306 So. 2d 138· Fla. 4th DCA· 1975-01-17
  The Fourth District affirmed the trial court's grant of a new trial in a negligence action arising from a vehicle collision, finding no reversible error regarding the verdict's weight or excessiveness despite the defendant's arguments about jury instructions and damages.