Comparative Negligence

2,641 Florida cases classified under this topic, plus 374 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Reyes v. Vantage S.S. Co., Inc.
  558 F.2d 238· 5th Cir.· 1977-08-26 ·cited 41×
  The dissenting judge argues that the majority incorrectly found the shipowner's negligence to be a legal cause of the decedent's death and that the sale of beer did not render the ship unseaworthy or constitute negligence.
• Kohr v. Allegheny Airlines, Inc.
  504 F.2d 400· 7th Cir.· 1974-09-20 ·cited 41×
  The court held that federal law, not Indiana law, governs claims for indemnity and contribution in mid-air collisions, and that settlements do not bar such claims. Res judicata and collateral estoppel were affirmed regarding one defendant.
• Hatridge v. AETNA Cas. & Sur. Co.
  415 F.2d 809· 8th Cir.· 1969-09-02 ·cited 41×
  Federal jurisdiction exists for a removed state action even if the plaintiff attempts to reduce the amount in controversy below the jurisdictional minimum, especially when the defendant's potential liability is significant and the claims are intertwined with federal claims.
• Maritza Scheman-Gonzalez v. Saber Mfg. Co.
  816 So. 2d 1133· Fla. 4th DCA· 2002-04-10 ·cited 40×
  In this wrongful death case, the appellate court reversed summary judgments granted against the plaintiffs in a suit against tire and wheel manufacturers following a fatal tire explosion. The court held that genuine issues of material fact remained regarding whether the manufactu
• Gouty v. Schnepel
  795 So. 2d 959· Fla.· 2001-09-13 ·cited 40×·via Comparative Fault
  The Florida Supreme Court held that settlement proceeds from a settling defendant cannot be set off against a judgment for economic damages unless the settling defendant is found to be jointly and severally liable for those damages. The court rejected the First District's interpr
• Aurbach v. Gallina
  721 So. 2d 756· Fla. 4th DCA· 1998-11-12 ·cited 40×
  In this personal injury case arising from an automobile accident, the Fourth District Court of Appeal reversed the trial court's denial of additur for the wife's loss of consortium claim where the jury awarded zero damages despite undisputed evidence of lost services, but affirme
• Rowlands v. Signal Constr. Co.
  549 So. 2d 1380· Fla.· 1989-10-12 ·cited 40×
  The Florida Supreme Court held that remittitur, a procedural mechanism to reduce excessive verdicts, may only be used to subtract from the total dollar amount of damages, not to recalculate liability percentages or other determinations that affect liability. When a jury's liabili
• Protectus Alpha Navigation Co., Ltd. v. N. Pac. Grain Growers, Inc.
  767 F.2d 1379· 9th Cir.· 1985-08-08 ·cited 40×
  The court held that North Pacific's actions constituted negligence per se and gross negligence, justifying the award of damages, including punitive damages, and that the exclusion of the NTSB report was proper.
• Dabney v. Montgomery Ward & Co.
  761 F.2d 494· 8th Cir.· 1985-05-09 ·cited 40×·via Comparative Fault
  The court held that the district court did not abuse its discretion in denying Montgomery Ward's requests for destructive testing, a jury transcript, and remittitur, and correctly interpreted Iowa law regarding comparative fault and prejudgment interest.
• Howard v. Gonzales
  658 F.2d 352· 5th Cir.· 1981-10-07 ·cited 40×
  The court held that a co-defendant's objection preserves an issue for appeal for other defendants, but reversed and remanded for a reduction in damages due to inadmissible hearsay regarding medical expenses.
• Bartak v. Bell-Galyardt & Wells, Inc.
  629 F.2d 523· 8th Cir.· 1980-08-12 ·cited 40×
  The court held that the trial court erred in refusing to give a contributory negligence instruction to the jury, as there was sufficient evidence to support such a defense. The court reversed and remanded for a new trial on the negligence issues.
• Sadowski v. Bombardier Ltd.
  539 F.2d 615· 7th Cir.· 1976-07-22 ·cited 40×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for a new trial and relief from judgment, nor in refusing to submit special verdict forms or a contributory negligence instruction.
• R.J. Reynolds Tobacco Co. v. Marvine Calloway
  201 So. 3d 753· Fla. 4th DCA· 2016-09-23 ·cited 39×·via Comparative Fault
  In this tobacco products liability case, the Florida Fourth District Court of Appeal reversed a multi-million dollar judgment against tobacco companies and remanded for a new trial, holding that plaintiff's counsel's numerous inflammatory and improper closing arguments created a
• Bakerman v. THE Bombay Co., Inc.
  961 So. 2d 259· Fla.· 2007-06-21 ·cited 39×
  The Florida Supreme Court clarified that concealment of danger is not a required element of the intentional tort exception to workers' compensation immunity. The Court quashed the Third District's decision that had reversed a jury verdict against Bombay Company by incorrectly add
• Marriott Int'l, Inc. v. Zaira Perez-Melendez
  855 So. 2d 624· Fla. 5th DCA· 2003-07-25 ·cited 39×
  Marriott appeals a jury verdict awarding damages to Perez-Melendez for injuries sustained when she fell into a drain inlet on Marriott property. The court addresses whether the trial court erred in denying Marriott's motion for directed verdict, applying the two-issue rule to mul
• M/I Schottenstein Homes, Inc. v. Nasad Azam
  813 So. 2d 91· Fla.· 2002-03-07 ·cited 39×
  The Florida Supreme Court resolved a conflict between district courts regarding whether fraud claims can be based on misrepresentations about matters contained in public records. The Court held that such claims present a factual question unsuitable for dismissal via motion to dis
• Houghton v. Bond
  680 So. 2d 514· Fla. 1st DCA· 1996-04-24 ·cited 39×
  This case involves a negligence action arising from a fatal automobile accident. The trial court granted a post-trial motion for directed verdict striking a seatbelt defense after the jury had apportioned 90% of the plaintiff's injuries to his failure to wear a seatbelt. The appe
• Fitzgerald v. Molle-Teeters
  520 So. 2d 645· Fla. 2d DCA· 1988-02-19 ·cited 39×
  Fitzgerald appeals a trial court's order granting a new trial in a personal injury case where the jury awarded $8,614.25 in damages for Molle-Teeters' permanent injury from a 1983 automobile accident. The appellate court reversed, holding that the trial judge improperly sat as a
• Dionese v. City OF W. Palm Beach
  500 So. 2d 1347· Fla.· 1987-01-22 ·cited 39×
  The Florida Supreme Court held that private, unilateral agreements among plaintiffs to apportion settlement proceeds are not binding on non-settling joint tort-feasors or courts when the settlement agreement itself contains no apportionment. The Court affirmed that set-off calcul
• Lewis v. Timco, Inc.
  716 F.2d 1425· 5th Cir.· 1983-09-27 ·cited 39×·via Comparative Fault
  The court held that the doctrine of comparative fault applies in products liability suits maintained under the maritime jurisdiction of federal courts, even when liability is based on strict liability.
• Johnson v. United States
  704 F.2d 1431· 9th Cir.· 1983-05-03 ·cited 39×
  The court held that the plaintiff's injuries, sustained while working an off-duty job at an NCO Club, were not incident to military service, thus the Feres doctrine did not bar his claim under the Federal Tort Claims Act.
• Inland OIL & Transp. Co. v. Ark-White Towing Co.
  696 F.2d 321· 5th Cir.· 1983-01-24 ·cited 39×
  The court held that the apportionment of fault was not clearly erroneous, the award for loss of use was partially supported by evidence, and the denial of prejudgment interest was within the trial court's discretion.
• Moye v. Emmett Henderson and Doris Collins
  496 F.2d 973· 8th Cir.· 1974-05-08 ·cited 39×
  The court held that the operation of a boat on navigable waters falls within admiralty jurisdiction, and state guest statutes that would defeat federal recovery rights or disrupt uniformity of maritime law cannot be applied.
• Myers v. Atl. Coast Line R.R. Co.
  86 So. 2d 792· Fla.· 1956-04-11 ·cited 39×
  Three consolidated appeals from orders granting new trials in a railroad crossing accident case involving two high school girls. The Florida Supreme Court affirmed the trial court's determination that the driver's negligence was the sole proximate cause of the collision, rejectin
• Seaboard Air Line R. Co. v. Martin
  56 So.2d 509· Fla.· 1952-01-04 ·cited 39×
  The Supreme Court of Florida affirmed a jury verdict against Seaboard Air Line Railroad Company for a fatal collision at a railroad crossing. The court found sufficient evidence to support the jury's finding of negligence and the application of the last clear chance doctrine, and
• Cent. Theatres, Inc. v. Henriette Wilkinson
  154 Fla. 589· Fla.· 1944-06-09 ·cited 39×
  In this negligence action, the Florida Supreme Court held that a movie theater operator was liable for injuries to a patron struck by a BB pellet fired through a defective emergency door, finding the theater's knowledge of unsupervised armed youths on the premises and failure to
• Anderson v. Crawford
  111 Fla. 381· Fla.· 1933-07-13 ·cited 39×
  Lee Anderson was injured when his automobile was struck by a freight train operated by the Atlantic Coast Line Railroad Company at a railroad crossing in Kissimmee. Anderson sued for damages, but the jury returned a verdict for the defendant. The Florida Supreme Court reversed, h
• Spruce Creek Dev. Co. v. Drew
  746 So. 2d 1109· Fla. 5th DCA· 1999-09-24 ·cited 38×
  Spruce Creek Development Company appeals a judgment for plaintiffs injured in a fatal motor vehicle accident allegedly caused by missing one-way signs at the defendant's retirement community entrance. The court reverses, finding the trial court erred by determining as a matter of
• Tri-Pak Mach., Inc. v. Hartshorn
  644 So. 2d 118· Fla. 2d DCA· 1994-10-14 ·cited 38×
  The court held that the trial court abused its discretion in granting a new trial because the legal rulings relied upon did not constitute reversible error affecting liability.
• Treadaway v. Societe Anonyme Louis-Dreyfus et cie
  894 F.2d 161· 5th Cir.· 1990-02-14 ·cited 38×
  The court held that the jury's finding of negligence was supported by evidence, but the damages awarded for past lost wages and loss of earning capacity were excessive.
• Martha Molton for the Estate of William Molton v. City OF Cleveland
  839 F.2d 240· 6th Cir.· 1988-02-01 ·cited 38×
  The court held that the City of Cleveland could not be held liable under § 1983 for the decedent's suicide due to a lack of evidence of a municipal policy or custom, but affirmed the jury's verdict on state law claims of wrongful death and assault and battery.
• Domenico Tringali v. Hathaway Mach. Co., Inc.
  796 F.2d 553· 1st Cir.· 1986-06-30 ·cited 38×
  The court affirmed the district court's judgment on tort liability but reversed the order lifting the automatic stay in the bankruptcy proceeding, finding insufficient cause shown.
• Shipp v. Gen. Motors Corp.
  750 F.2d 418· 5th Cir.· 1985-01-14 ·cited 38×·via Comparative Fault
  The court held that there was sufficient evidence to support the jury's findings of defective roof design and producing cause, and that the district court did not err in its evidentiary rulings regarding demonstrative evidence.
• Laverine Thursby and Wynell Thursby v. Reynolds Metals Co.
  466 So. 2d 245· Fla. 1st DCA· 1984-12-13 ·cited 38×
  The court held that the trial court did not err in excluding evidence of subsequent remedial measures, refusing certain jury instructions, excluding evidence of a subsequent similar accident, and taxing expert witness fees.
• Wilfredo Acosta v. Honda Motor Co., Ltd.
  717 F.2d 828· 3d Cir.· 1983-09-21 ·cited 38×·via Comparative Fault
  Punitive damages may be awarded in strict products liability cases under Virgin Islands law, but require proof of outrageous conduct by clear and convincing evidence.
• Acton v. FT. Lauderdale Hosp. & the Ins. Co. of N. Am.
  418 So. 2d 1099· Fla. 1st DCA· 1982-08-09 ·cited 38×
  The court held that Florida Statutes Section 440.15(3)(a) and (b) (1981) is constitutional and does not violate equal protection or access to courts guarantees.
• In re the Complaint of Sincere Navigation Corp. v. United States
  529 F.2d 744· 5th Cir.· 1976-04-02 ·cited 38×
  The court held that the Moragne wrongful death remedy should be applied retroactively and precludes the recognition of state wrongful death statutes in admiralty, and that the Reliable Transfer rule of comparative fault should also be applied retroactively.
• Reichenbach v. Smith
  528 F.2d 1072· 5th Cir.· 1976-03-19 ·cited 38×
  The court held that the trial court did not abuse its discretion in refusing to admit evidence of a "Mary Carter" settlement for impeachment purposes, as the decision to admit or exclude such evidence is within the trial court's discretion.
• De Laval Turbine, Inc. v. W. India Indus., Inc.
  502 F.2d 259· 3d Cir.· 1974-06-21 ·cited 38×
  The court held that the contract of affreightment contemplated the overland portion of the voyage and did not limit the liability of agents for their negligence.
• Valerie v. Stephens
  216 So. 2d 448· Fla.· 1968-12-10 ·cited 38×
  When a trial court rejects an affidavit opposing summary judgment on technical deficiencies without providing clear reasons, the plaintiff must be afforded at least one opportunity to amend or supplement the affidavit before the case is dismissed, applying a liberal standard of r
• Tyler v. Peel Corp.
  371 F.2d 788· 5th Cir.· 1967-01-25 ·cited 38×
  A general contractor may be liable to a subcontractor's employee for injuries sustained due to the contractor's failure to maintain a safe worksite, even if the contractor lacks direct control over the employee's work.
• Sheehan v. Renne Emsley Allred
  146 So. 2d 760· Fla. 1st DCA· 1962-11-15 ·cited 38×
  In this automobile negligence case, the Florida District Court of Appeal reversed a jury verdict for defendants, holding that the trial court erred by denying plaintiff's motion for a directed verdict on the issue of liability. The court ruled that where evidence clearly establis
• S. Pac. Co. v. Guthrie
  180 F.2d 295· 9th Cir.· 1949-12-30 ·cited 38×
  The court affirmed the judgment, finding that there was sufficient evidence of negligence for the jury to consider and that appellate courts generally do not review the excessiveness of damages unless there is evidence of passion or prejudice.
• Burton v. MDC PGA Plaza Corp.
  78 So. 3d 732· Fla. 4th DCA· 2012-02-08 ·cited 37×
  Janet Burton was injured when she stepped into a pothole in a CVS pharmacy parking lot despite having previously warned management about it. The trial court granted summary judgment to the defendants based on the open and obvious nature of the pothole, but the appellate court rev
• Adams v. AETNA Cas. & Sur. Co.
  574 So. 2d 1142· Fla. 1st DCA· 1991-01-30 ·cited 37×
  This consolidated appeal involves two cases arising from a single accident where Biff Adams was injured and received insurance settlements below his actual damages. The appellate court reversed a directed verdict for Aetna Insurance regarding uninsured/underinsured motorist (UM/U
• Bryant v. Lucky Stores, Inc.
  577 So. 2d 1347· Fla. 2d DCA· 1990-10-12 ·cited 37×
  A speed bump at a supermarket entrance presents a disputed question of fact regarding whether it constituted an unsafe condition relative to customer traffic patterns, precluding summary judgment even if the bump was visible, because the plaintiff's age and circumstances must be
• Thunderbird Drive-In Theatre, Inc. v. Reed
  571 So. 2d 1341· Fla. 4th DCA· 1990-10-03 ·cited 37×
  The Fourth District Court of Appeal reversed a $4.875 million judgment against a drive-in theater for a motorcycle-truck collision occurring near the theater's entrance, finding reversible error in the admission of a jury instruction based on a traffic obstruction statute and in
• Hattaway v. Quinn A. McMILLIAN
  903 F.2d 1440· 11th Cir.· 1990-06-25 ·cited 37×
  The court held that the plaintiff's failure to wait the full six months after providing notice of claim before filing suit did not bar recovery, as the issue was procedurally governed by federal law and the district court did not abuse its discretion. The court also found the jur
• Drake Towing Co., Inc. v. Meisner Marine Constr. Co.
  765 F.2d 1060· 11th Cir.· 1985-07-16 ·cited 37×
  The court held that the Coast Guard's negligence in placing temporary buoys without surveying the water depth is actionable, and that a defendant at trial cannot have its liability reduced by the negligence of a non-party tortfeasor.
• Bass v. Phoenix Seadrill/78, Ltd.
  749 F.2d 1154· 5th Cir.· 1985-01-10 ·cited 37×·via Comparative Fault
  The court held that a district court cannot void portions of a seaman's settlement agreement based solely on perceived inadequacy of consideration or a general deterrent effect on other settlements, absent a showing of plain legal prejudice to non-settling parties or lack of info