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.
  609 F.2d 140· 5th Cir.· 1980-01-02 ·cited 37×
• Sears v. S. Pac. Co.
  313 F.2d 498· 9th Cir.· 1963-01-22 ·cited 37×
  The court held that the exclusion of evidence showing the defendant's prior knowledge of the hazard was prejudicial error, requiring reversal and remand for a new trial.
• Fla. E. Coast Ry. Co. v. Townsend
  104 Fla. 362· Fla.· 1932-02-26 ·cited 37×
  A minor plaintiff was injured when his automobile collided with a freight train at a railroad grade crossing with obstructed sightlines. The Florida Supreme Court reversed a $18,000 judgment, holding that the trial court failed to properly reduce damages proportionally to account
• Birge v. Charron
  107 So. 3d 350· Fla.· 2012-11-21 ·cited 36×
  The Florida Supreme Court held that the rebuttable presumption of negligence attaching to rear drivers in rear-end motor vehicle collisions can be rebutted by evidence that the front driver was negligent. The Court resolved a conflict between the Fifth District and Fourth Distric
• Royal Mende Basel & Steven Kane as Co-Plenary Guardians of the person & Prop. of Mark Victor Basel v. McFARLAND & Sons, Inc.
  815 So. 2d 687· Fla. 5th DCA· 2002-04-05 ·cited 36×·via Comparative Fault
  Royal Basel and Steven Kane, as guardians of Mark Basel who suffered severe permanent brain damage in a 1994 vehicle accident, appealed the trial court's application of the October 1, 1999 amendment to section 768.81 (limiting joint and several liability) to their pre-amendment c
• Wheeler v. John Deere Co.
  862 F.2d 1404· 10th Cir.· 1988-12-02 ·cited 36×·via Comparative Fault
  The court held that admitting evidence of other accidents to impeach an expert without a finding of substantial similarity, and admitting evidence of subsequent design changes after a stipulation of feasibility, constituted reversible error.
• Lazzara v. Howard A. Esser, Inc.
  802 F.2d 260· 7th Cir.· 1986-09-23 ·cited 36×
  The court held that an insurance broker who fails to maintain requested coverage or inform the client of a coverage gap breaches fiduciary duties, and the resulting interest liability on an uncovered judgment is a compensable damage.
• Lynch v. Adel D. Tennyson
  443 So. 2d 1017· Fla. 5th DCA· 1983-12-15 ·cited 36×
  In this rear-end collision case, the Florida District Court of Appeal reversed summary judgment against Lynch on the liability issue as to Tennyson, finding that contributory negligence questions must generally be decided by a jury. The court affirmed summary judgment against Lyn
• Honda Motor Co., Ltd. v. Marcus
  440 So. 2d 373· Fla. 3d DCA· 1983-09-06 ·cited 36×
  Honda appealed a jury verdict finding it strictly liable for injuries to Diana Rivera from a defective automobile, with the jury awarding $3 million in damages reduced by 10% for Rivera's failure to wear a seat belt. The court reversed the trial court's grant of a new trial on da
• Joseph v. Quest
  414 So. 2d 1063· Fla.· 1982-04-29 ·cited 36×
  The Florida Supreme Court held that contribution is available against a parent in a negligence action involving an injured child, but only to the extent of existing liability insurance coverage for the parent's tort. The Court balanced the policies underlying parental immunity wi
• Spilman v. Harley
  656 F.2d 224· 6th Cir.· 1981-08-07 ·cited 36×
  Collateral estoppel should apply to factual issues in bankruptcy dischargeability proceedings if the requirements are met, but the bankruptcy court must examine the entire state court record to determine if the issue was actually litigated and necessary to the prior decision.
• Bosse v. Litton Unit Handling Sys.
  646 F.2d 689· 1st Cir.· 1981-04-08 ·cited 36×
  The court held that the jury instructions on foreseeability were inadequate, requiring a new trial on Litton's liability, and that Litton was entitled to indemnification from Werner under their contract. The dismissal of the strict liability claim was affirmed.
• Garbincius v. Boston Edison Co.
  621 F.2d 1171· 1st Cir.· 1980-05-28 ·cited 36×
  The court held that the plaintiff had capacity to sue, the admission of certain evidence was harmless error, Edison was entitled to indemnity from Charles, and the comparative negligence calculation was proper.
• Marant v. Farrell Lines, Inc.
  550 F.2d 142· 3d Cir.· 1977-01-31 ·cited 36×
  The court's majority opinion did not reach the issue of damage apportionment between stevedore and ship, but the concurring opinion argues against judicial apportionment.
• Movible Offshore Co. v. Ousley
  346 F.2d 870· 5th Cir.· 1965-06-08 ·cited 36×
  The court held that the doctrine of assumption of risk has no place in general federal maritime law, even when a seaman is not involved, and that a plaintiff who accepts a remittitur waives the right to appeal the order.
• Flowers v. Savannah Mach. & Foundry Co.
  310 F.2d 135· 5th Cir.· 1962-11-21 ·cited 36×·via Comparative Fault
  In admiralty actions by shore workers asserting vicarious seaman status for maritime injuries, the analogous limitation period for laches should be the three-year period under the Jones Act, not the local state statute.
• Martello v. Hawley
  300 F.2d 721· D.C. Cir.· 1962-02-23 ·cited 36×
  When a settlement is made with one joint tort-feasor and a verdict is later obtained against another, the verdict should be credited by one-half its amount, with the defendant paying the remaining balance.
• Apalachicola N. R.R. Co. v. Tyus
  114 So. 2d 33· Fla. 1st DCA· 1959-06-02 ·cited 36×
  In this railroad crossing accident case, a widow sued after her husband's truck collided with the defendant railroad's train. The Florida appellate court reversed a $53,230 jury verdict, holding that the decedent was solely negligent for failing to exercise basic caution at a fam
• Parker v. Perfection Coop. Dairies
  102 So. 2d 645· Fla. 2d DCA· 1958-02-05 ·cited 36×
  In this negligence appeal arising from a car-truck collision, the plaintiffs challenged the trial court's evidentiary rulings and jury instructions on the doctrine of last clear chance. The appellate court affirmed the jury verdict in favor of the defendants, finding no reversibl
• Cont'l CAN Co., Inc. v. Horton
  250 F.2d 637· 8th Cir.· 1957-12-30 ·cited 36×
  The court held that the evidence was sufficient to submit the case to the jury and that the trial court did not err in denying the defendant's motions for a directed verdict or judgment notwithstanding the verdict.
• Detroit v. Banning
  173 F.2d 752· 6th Cir.· 1949-04-05 ·cited 36×
  The court held that the trial judge erred in submitting the claim of negligence based on muddy working conditions to the jury, but was correct in submitting the claim of excessive speed. Because the jury returned a general verdict, a new trial is required.
• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence
  35 So. 3d 666· Fla.· 2010-03-04 ·cited 35×
  In a probate proceeding concerning a petition for the administration of a lost will, the appellate court affirmed the trial court's summary judgment, finding that the lost will was invalid due to improper execution formalities.
• Carnival Corp. v. Pajares
  972 So. 2d 973· Fla. 3d DCA· 2007-12-26 ·cited 35×
  Carnival Cruise Lines appeals a jury verdict in favor of crewman Luis Pajares, who sued for negligent failure to diagnose and treat his hypertension, which allegedly caused his stroke. The appellate court reversed and remanded for a new trial, finding that opposing counsel's cumu
• McARTHUR Dairy, Inc. v. Original Kielbs, Inc.
  481 So. 2d 535· Fla. 3d DCA· 1986-01-07 ·cited 35×
  McArthur Dairy appeals a judgment trebling compensatory damages awarded by a jury for conversion of dairy products by its non-managerial employee. The court holds that under Florida's Anti-Fencing Act, a corporate employer can be liable for treble damages when a non-managerial em
• Reinhart v. Seaboard Coast Line R.R. Co. & State of Fla. Dep't of Transp.
  422 So. 2d 41· Fla. 2d DCA· 1982-10-15 ·cited 35×
  Joanne Reinhart was injured when her bicycle wheel caught in a flangeway at a railroad crossing designed at an acute angle. The trial court directed a verdict for the railroad and Department of Transportation, but the appellate court reversed, holding that sufficient evidence exi
• Knipp v. Weinbaum
  351 So. 2d 1081· Fla. 3d DCA· 1977-11-01 ·cited 35×
  Plaintiff appeals from summary judgment dismissing his personal injury action against the seller of a used motorcycle sold 'as is,' challenging the trial court's refusal to allow amendment to add a strict liability count. The court reverses, holding that implied warranties may ap
• Vitt v. Ryder Truck Rentals, Inc.
  340 So. 2d 962· Fla. 3d DCA· 1976-12-20 ·cited 35×
  Motorcycle accident victims appealed a jury verdict awarding them $125,000 and $35,000 respectively, challenging the admission of experimental evidence demonstrating the motorcycle's stopping ability and negotiating capability, along with other trial errors. The appellate court a
• Petroleum Carrier Corp. v. Gates
  330 So. 2d 751· Fla. 1st DCA· 1976-03-05 ·cited 35×
  Petroleum Carrier Corporation appeals a jury verdict awarding damages to Mr. and Mrs. Gates for injuries sustained in a highway collision involving a tractor-tank trailer and Mrs. Gates' automobile. The appellate court reversed the trial court's directed verdict on liability, fin
• Thompson v. Jacobs
  314 So. 2d 797· Fla. 1st DCA· 1975-03-20 ·cited 35×
  The appellate court affirmed the jury's verdict finding the defendant free of negligence, holding that sufficient competent evidence supported the jury's findings.
• Atl. Coast Line R. Co. v. Price
  46 So. 2d 481· Fla.· 1950-05-26 ·cited 35×
  The Florida Supreme Court reversed judgments for two plaintiffs in a car-train collision case, finding the evidence insufficient to support the jury's verdict. The court also reversed an order granting a new trial to a third plaintiff, deeming the jury's verdict for him, despite
• Wyon Dale Childers v. State
  936 So. 2d 585· Fla. 1st DCA· 2006-02-02 ·cited 34×
  Wyon Dale Childers was convicted of bribery and unlawful compensation for his role in purchasing the Pensacola Soccer Complex while serving as an Escambia County Commissioner. On appeal, the court affirmed the exclusion of evidence challenging his co-conspirator's plea agreement
• W.R. Grace & Co. - Conn. v. Dougherty
  636 So. 2d 746· Fla. 2d DCA· 1994-01-19 ·cited 34×
  In this asbestos exposure negligence case, Grace and Owens-Corning appealed a jury verdict awarding $3 million in noneconomic damages to the Dougherty estate, with the jury apportioning negligence at 45% to Grace, 35% to Owens-Corning, and 20% to Mr. Dougherty. The Florida appell
• Gorin v. City OF ST. Augustine
  595 So. 2d 1062· Fla. 5th DCA· 1992-03-13 ·cited 34×
  Marsha and Martin Gorin appealed a summary judgment dismissing their negligence action after Marsha fell from a sidewalk curb at the City of St. Augustine's museum complex. The court affirmed summary judgment, holding that an ordinary sidewalk curb where the surfaces blend in col
• Kinya v. Lifter, Inc.
  489 So. 2d 92· Fla. 3d DCA· 1986-04-29 ·cited 34×
  An owner of an artificial body of water is not guilty of actionable negligence for drownings therein unless the water is constructed as a trap or contains an unusual element of danger not existing in ponds generally. The lake here, constructed per local ordinances with proper slo
• Lonny Davis v. Consol. Rail Corp.
  788 F.2d 1260· 7th Cir.· 1986-04-17 ·cited 34×
  The court held that a railroad crew's failure to blow the train's horn before moving it could constitute negligence, even if the injured party failed to follow safety rules like blue flagging, especially when the burden of the precaution was minimal and the potential for injury s
• Fla. Patient's Comp. Fund v. Tillman
  487 So. 2d 1032· Fla.· 1986-02-27 ·cited 34×
  The Florida Supreme Court resolved conflicts between district court decisions regarding statute of limitations in a medical malpractice case involving a mismatched prosthetic device. The court upheld the jury's verdict against Dr. Waxman but clarified the law regarding comparativ
• Taylor & Gaskin, Inc. v. Chris-Craft Indus.
  732 F.2d 1273· 6th Cir.· 1984-04-12 ·cited 34×
  A buyer cannot recover recall expenses attributable to its own negligence as consequential damages for a seller's breach of warranty.
• LEE v. Risk Mgmt., Inc.
  409 So. 2d 1163· Fla. 3d DCA· 1982-02-16 ·cited 34×
  Willie Lee appeals from a workers' compensation lien determination following his third-party negligence recovery. The trial court reduced the carrier's lien from 100% to 80% of benefits to reflect Lee's 20% comparative negligence, and deducted attorney's fees and costs from the t
• Dep't OF Transp. v. Webb
  409 So. 2d 1061· Fla. 1st DCA· 1981-11-17 ·cited 34×
  In this negligence action arising from a train-car collision that killed a driver and seriously injured passengers, the Florida District Court of Appeal affirmed the jury verdict and judgments against the Department of Transportation and Seaboard Coast Line Railroad. The court re
• Johnson v. A/S Ivarans Rederi
  613 F.2d 334· 1st Cir.· 1980-01-11 ·cited 34×
  The court held that the district court erred in charging the jury based solely on Restatement (Second) of Torts §§ 343 and 343A, as this standard does not fully capture the negligence standard required under the Longshoremen's and Harbor Workers' Compensation Act § 905(b).
• Corbett v. Seaboard Coastline R.R. Co.
  375 So. 2d 34· Fla. 3d DCA· 1979-09-18 ·cited 34×
  This consolidated appeal addresses a wrongful death claim arising from a collision between a railroad train and an automobile carrying five passengers. The court reversed the trial judge's remittitur order reducing wrongful death damages, affirmed the railroad's liability finding
• Warn Indus. v. Geist
  343 So. 2d 44· Fla. 3d DCA· 1977-01-25 ·cited 34×
  In this consolidated product liability appeal, Warn Industries and its insurer challenged a jury verdict awarding damages to Raymond Geist for injuries suffered while operating a Warn winch. The court affirmed the judgment against the manufacturers but reversed the denial of cont
• Friddle v. Seaboard Coast Line R.R. Co. & Harold Jefferson Bridges
  306 So. 2d 97· Fla.· 1974-10-16 ·cited 34×
  In this negligence case involving a train-automobile collision, the Florida Supreme Court reversed the Fourth District Court of Appeal's exclusion of evidence regarding prior railroad crossing accidents, finding decisional conflict with established precedent. The court reinstated
• Flax v. Potts
  464 F.2d 865· 5th Cir.· 1972-07-14 ·cited 34×
  A school district with a history of state-imposed segregation cannot justify the continued existence of one-race schools based on post-desegregation residential shifts if those schools have not been demonstrably made genuinely nondiscriminatory.
• Aston Bartholomew v. Universe Tankships, Inc.
  279 F.2d 911· 2d Cir.· 1960-06-21 ·cited 34×
  A seaman cannot recover twice for the same damages; however, the issue of whether a jury verdict for negligence/unseaworthiness included damages for maintenance and cure (like board and lodging) is a question of fact, not law.
• Cadore v. Karp
  91 So. 2d 806· Fla.· 1957-01-04 ·cited 34×
  In this wrongful death action arising from a fatal automobile collision, the Florida Supreme Court reversed a directed verdict for the defendant, holding that the plaintiff presented sufficient evidence of gross negligence to submit the case to the jury. The court found that evid
• Nw. Airlines, Inc. v. Glenn L. Martin Co.
  224 F.2d 120· 6th Cir.· 1955-05-31 ·cited 34×
  The court held that the trial court erred in submitting the issues of assumption of risk and contributory negligence to the jury, as there was insufficient evidence to support these defenses.
• Atl. Coast Line R. Co. v. Burkett
  192 F.2d 941· 5th Cir.· 1951-11-16 ·cited 34×
  The court held that the trial court's jury instructions, when considered as a whole, were not erroneous or confusing, and the verdict was not excessive.
• Detroit v. Yeley
  165 F.2d 375· 6th Cir.· 1947-12-22 ·cited 34×
  The court held that the issue of contributory negligence was a question of fact for the jury, not a matter of law for a directed verdict.
• Davis v. Cain
  86 Fla. 18· Fla.· 1923-06-13 ·cited 34×
  A Florida Supreme Court case involving a railroad crossing accident where a motor vehicle was struck by a train. The court affirmed a $4,000 judgment for the plaintiff despite finding contributory negligence, applying Florida's statutory presumption of negligence against railroad