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

• Rocamonde v. Marshalls OF MA, Inc.
  56 So. 3d 863· Fla. 3d DCA· 2011-03-09 ·cited 33×
  Maria Rocamonde appealed a summary judgment granted in favor of Marshalls after she tripped over a mobile clothing rack in the store. The Third District Court of Appeal reversed, finding genuine issues of material fact regarding whether the protruding base of the rack was open an
• Jefferies v. Amery Leasing, Inc.
  698 So. 2d 368· Fla. 5th DCA· 1997-08-22 ·cited 33×
  In this rear-end collision case, the court affirmed summary judgment for the lead driver (Acuna) and truck owner, holding that no evidence demonstrated the lead driver's negligence. The decision clarifies how the traditional rear-end collision presumption applies under Florida's
• Metro. Dade Cnty. v. Arnulfo Zapata
  601 So. 2d 239· Fla. 3d DCA· 1992-05-26 ·cited 33×
  Metropolitan Dade County appeals a jury verdict finding it 90% liable for a drowning death at Crandon Beach Park. The appellate court reverses and remands for a new trial, finding that improper golden rule closing argument by plaintiff's counsel constituted reversible error, whil
• Nikula v. Mich. Mut. Ins.
  531 So. 2d 330· Fla.· 1988-09-22 ·cited 33×
  The Florida Supreme Court resolved a certified question regarding how workers' compensation carriers calculate liens on third-party settlements when the percentage of comparative negligence differs from the ratio of settlement proceeds to full damages. The Court held that the lie
• Palm Beach Cnty. Bd. of Cnty. Comm'rs v. Salas
  511 So. 2d 544· Fla.· 1987-07-13 ·cited 33×
  The Florida Supreme Court held that a governmental entity may be held liable at the operational level for failing to take reasonably necessary steps to protect motorist safety at a road maintenance work site, even if those steps exceed the mandatory provisions of traffic control
• Miller Indus. v. Caterpillar Tractor Co.
  733 F.2d 813· 11th Cir.· 1984-06-04 ·cited 33×·via Comparative Fault
  A negligent failure to warn of a known product defect, even without physical damage, can form a basis for a maritime tort action if the warranty does not expressly disclaim negligence. Crew members can recover lost wages based on a share of the lost catch when their compensation
• Hegger v. Green
  646 F.2d 22· 2d Cir.· 1981-03-12 ·cited 33×
  The court should reverse the judgment against Dr. Green and remand for a new trial on valid claims, as increasing his liability based on impermissible grounds is unjust.
• Griffith v. Wheeling-Pittsburgh Steel Corp.
  610 F.2d 116· 3d Cir.· 1979-08-24 ·cited 33×·via Comparative Fault
  The court held that a vessel owner's duty under § 905(b) is to exercise reasonable care under the circumstances, rejecting arguments for a more limited standard or strict application of Restatement §§ 343-343A. The court also affirmed that a negligent shipowner is liable for the
• Willard v. THE John Hayward
  577 F.2d 1009· 5th Cir.· 1978-08-07 ·cited 33×
  The court held that the jury's answers to special interrogatories were not irreconcilably inconsistent and could be reconciled by considering a preexisting condition and potential confusion from jury instructions.
• Issen v. Lincenberg
  293 So. 2d 777· Fla. 3d DCA· 1974-03-26 ·cited 33×
  In this certified question appeal, the court clarifies that comparative negligence doctrine does not apply to apportion fault between joint tort-feasors (two negligent defendants). The plaintiff, injured in a car accident, sued two negligent drivers, and the trial court sought gu
• Tarleton v. Arnstein & Lehr
  719 So. 2d 325· Fla. 4th DCA· 1998-08-19 ·cited 32×
  This case addresses whether expert testimony is required to prove proximate causation in a legal malpractice action arising from a lawyer's misadvice during divorce settlement negotiations. The court reversed the trial court's directed verdict for the law firm, holding that a jur
• Cowen v. Thornton
  621 So. 2d 684· Fla. 2d DCA· 1993-04-14 ·cited 32×
  A treatment supervisor sued a teenage resident for injuries sustained while restraining him, but the jury found the resident negligent yet awarded zero damages. The appellate court reversed, holding that a zero damage award after finding liability is inadequate and requires a new
• CSX Transp., Inc. v. Whittler
  584 So. 2d 579· Fla. 4th DCA· 1991-07-17 ·cited 32×
  CSX Transportation and the City of West Palm Beach appealed a jury verdict awarding damages to Jerry Whittier for injuries sustained when he was struck by a city van while working at a garage. The court affirmed, holding that the city's negligent placement of a dumpster on the pu
• Mauricio J. DeALMEIDA, M.D. v. Graham
  524 So. 2d 666· Fla. 4th DCA· 1987-07-08 ·cited 32×
  The court held that the Department of Health and Rehabilitative Services (HRS) erred in rejecting the hearing officer's recommendation for a 120-bed osteopathic facility without adequately explaining its policies and addressing countervailing arguments. The court reversed the age
• Stewart v. Boho, Inc.
  493 So. 2d 95· Fla. 4th DCA· 1986-09-10 ·cited 32×
  Earl Stewart appealed a summary judgment dismissing his negligence claim against a bar owner after he was injured falling through an entrance door while dancing. The Florida appellate court reversed, holding that genuine issues of material fact remained regarding whether the bar
• McDONALD v. Fed. Labs., Inc.
  724 F.2d 243· 1st Cir.· 1984-01-03 ·cited 32×
  The court held that the jury's verdict was not grossly excessive and that the trial court did not abuse its discretion in refusing to grant a remittitur or a new trial.
• Lowell Palmer v. United States
  652 F.2d 893· 9th Cir.· 1981-08-07 ·cited 32×
  The dissenting judge believes the parties waived their right to a jury trial through their conduct and that the issue was not preserved for appeal.
• Quest v. Joseph
  392 So. 2d 256· Fla. 3d DCA· 1980-05-20 ·cited 32×
  In this motor vehicle accident case, the court affirmed judgments against defendants Quest for damages and in favor of Quest's third-party contribution claim against the child's mother, holding that the family immunity doctrine does not prevent a tortfeasor from seeking contribut
• Mo. Pac. R.R. Co. v. Star City Gravel Co., Inc.
  592 F.2d 455· 8th Cir.· 1979-02-12 ·cited 32×·via Comparative Fault
  The court affirmed the denial of indemnity and costs, holding that the railroad waived its indemnity claim by failing to request proper jury instructions and that the trial court did not abuse its discretion in denying costs.
• U. S. Fire Ins. Co. v. Progressive Cas. Ins. Co. & Phillip Hurlock
  362 So. 2d 414· Fla. 2d DCA· 1978-08-25 ·cited 32×
  U.S. Fire Insurance sued for contribution against Hurlock and his insurer Progressive, claiming comparative negligence in an automobile accident. The trial court granted summary judgment for the defendants, but the appellate court reversed, holding that genuine issues of material
• Nadio & Livio Christiani & Reserve Ins. Co. v. Popovich
  363 So. 2d 2· Fla. 1st DCA· 1978-08-10 ·cited 32×
  This case addresses whether defendants held liable to a plaintiff may appeal from judgments exonerating co-defendants, and whether Florida's new Contribution Among Tortfeasors Act applies retroactively to pending litigation. The court held that judgment defendants have a right to
• George H. Gele (Mrs. Patricia Kellog Gele substituted in the place and stead of George Gele v. Chevron OIL Co.
  574 F.2d 243· 5th Cir.· 1978-06-02 ·cited 32×
  The court held that Chevron was liable for failing to properly mark an obstruction in navigable waters, and that the TIKI TOO was also at fault due to its excessive speed and the operator's imprudent actions. The court reversed the lower court's finding of sole liability for Chev
• Maybarduk v. Bustamante
  294 So. 2d 374· Fla. 4th DCA· 1974-05-10 ·cited 32×
  A surgeon (Maybarduk) appealed the dismissal of his cross-claim for indemnity against a hospital and its employee (Bustamante) in a medical malpractice case involving a hemostat negligently left in a patient's abdomen. The court reversed, holding that the cross-claim stated a val
• Rivera v. Farrell Lines, Inc.
  474 F.2d 255· 2d Cir.· 1973-02-15 ·cited 32×
  The court held that the jury's finding of contributory negligence was improperly based on evidence that amounted to assumption of risk, requiring a new trial on all issues.
• Cleveland Chouest v. A & P Boat Rentals, Inc.
  472 F.2d 1026· 5th Cir.· 1973-01-24 ·cited 32×
  An employer-intervenor who benefits from a plaintiff's recovery against a shipowner must compensate the plaintiff's lawyer for their efforts if the intervenor's counsel acts adversely to the plaintiff's cause.
• Gaines Ted Huson v. Chevron OIL Co.
  430 F.2d 27· 5th Cir.· 1970-07-14 ·cited 32×·via Comparative Fault
  The court held that the Louisiana one-year statute of limitations does not bar the plaintiff's claim, and the doctrine of laches applies instead.
• Connolly v. Wiley C. Steakley
  197 So. 2d 524· Fla.· 1967-01-25 ·cited 32×
  The court held that the doctrine of last clear chance, as previously applied in Florida, had been misconstrued and misapplied, particularly concerning the "proximate cause" rationale and the definition of "position of peril." The court receded from prior holdings that allowed app
• Mixon v. Atl. Coast Line R.R. Co.
  370 F.2d 852· 5th Cir.· 1966-12-30 ·cited 32×
  The court held that the trial court erred in granting the railroad's motions for a directed verdict and judgment notwithstanding the verdict, as jury questions existed regarding the railroad's negligence and the plaintiff's comparative negligence.
• Oriental Trading & Transp. Co. v. Gulf Oil Corp.
  173 F.2d 108· 2d Cir.· 1949-02-28 ·cited 32×·via Comparative Fault
  The court held that the 'Brown' proved its statutory fault in failing to signal did not contribute to the collision, and that the 'Gulfcoast' failed to prove the 'Brown's' other alleged faults caused the collision.
• Smith v. Philadelphia Transp. Co. (Fenimore
  173 F.2d 721· 3d Cir.· 1949-02-25 ·cited 32×
  The court held that Fenimore was contributorily negligent as a matter of law, and thus judgments in his favor should be set aside.
• Baston v. Shelton
  152 Fla. 879· Fla.· 1943-05-07 ·cited 32×
  In this negligence action arising from a pedestrian struck by a milk truck at a Miami intersection, the Florida Supreme Court affirmed a jury verdict for the plaintiff, holding that contributory negligence is a jury question when there are factual disputes regarding the truck dri
• Valladares v. Bank OF Am. Corp.
  197 So. 3d 1· Fla.· 2016-06-02 ·cited 31×
  The Florida Supreme Court held that a cause of action exists for negligent reporting of criminal activity to law enforcement when the reporting party's conduct rises to the level of punitive conduct—demonstrating reckless disregard for the rights of others. The court reversed the
• Lorillard Tobacco Co. v. Alexander
  123 So. 3d 67· Fla. 3d DCA· 2013-09-04 ·cited 31×·via Comparative Fault
  Lorillard Tobacco Company appeals a jury verdict awarding damages to Dorothy Alexander for the smoking-related death of her husband Coleman. The court affirmed the $10 million remitted compensatory damages award and $25 million punitive damages award, rejecting Lorillard's challe
• Agrofollajes, S.A. v. E.I. DU Pont de Nemours & Co., Inc.
  48 So. 3d 976· Fla. 3d DCA· 2010-12-01 ·cited 31×
  Costa Rican leatherleaf fern growers sued Du Pont alleging that Benlate fungicide damaged their crops. The trial court consolidated 27 separate claims into one trial, and the jury awarded identical damages to all plaintiffs. On appeal, the Third District reversed and remanded for
• Itt Hartford Ins. Co. of the Se. v. Stiles Jerry Owens and Jean A. Owens
  816 So. 2d 572· Fla.· 2002-04-25 ·cited 31×
  ITT Hartford Insurance challenged a trial court's decision to grant additur (increase damages) without offering the defendant an alternative new trial on the disputed damages issue. The Florida Supreme Court held that Section 768.043 mandates that when a trial court grants an add
• Cooper Hotel Servs., Inc. v. Tobie MacFARLAND
  662 So. 2d 710· Fla. 2d DCA· 1995-09-15 ·cited 31×
  Cooper Hotel Services appeals a negligence judgment for a guest's slip-and-fall injury in a bathtub, arguing the trial court erred in denying its motion for directed verdict. The court reverses, holding that the plaintiff failed to establish a prima facie case of negligence becau
• Griefer v. DiPIETRO
  625 So. 2d 1226· Fla. 4th DCA· 1993-06-02 ·cited 31×
  The trial court reversibly erred in refusing to instruct the jury on unlawful speed under Florida Statutes § 316.183, where evidence supported that the defendant's speed may have been excessive for the circumstances despite being within the posted speed limit. The unlawful speed
• Budget Rent A CAR Sys., Inc. v. Jana
  600 So. 2d 466· Fla. 4th DCA· 1992-02-05 ·cited 31×
  Questions propounded by an adverse party to a witness about whether traffic citations were issued constitute prejudicial error requiring reversal and remand for new trial, even when the driver's name is not mentioned, because the inference is clear to the jury and causes sufficie
• Mazzeo v. City OF Sebastian
  550 So. 2d 1113· Fla.· 1989-10-26 ·cited 31×
  The Florida Supreme Court held that the doctrine of express assumption of risk is limited to express contracts not to sue and actual participation in contact sports, and does not extend to other activities where a person voluntarily participates despite knowing of inherent danger
• Loughan v. Firestone Tire & Rubber Co.
  749 F.2d 1519· 11th Cir.· 1985-01-10 ·cited 31×
  The court held that the district court did not err in admitting evidence of the plaintiff's drinking habit, granting a directed verdict on the duty to warn, denying a motion to amend the complaint, or in its assessment of costs.
• Mrs. Katrina Pavlides v. Galveston Yacht Basin, Inc.
  727 F.2d 330· 5th Cir.· 1984-01-30 ·cited 31×·via Comparative Fault
  The court held that the trial court applied an erroneous standard for the duty to warn and misapplied the burden of proof regarding actual knowledge, requiring a remand.
• Brink's Inc. v. The City OF NEW York
  717 F.2d 700· 2d Cir.· 1983-09-06 ·cited 31×·via Comparative Fault
  The court affirmed the jury's verdict and damage awards, finding sufficient evidence for punitive damages and upholding the trial court's rulings on evidentiary matters and jury instructions.
• Grover E. Harless v. Bonita Kuhn
  403 So. 2d 423· Fla.· 1981-07-30 ·cited 31×
  The Florida Supreme Court held that a trial judge has discretion in determining the severity of sanctions for discovery violations, and that entry of a default does not automatically preclude a defendant from raising comparative negligence as a defense. The court reversed the app
• Bobb v. Modern Prods., Inc.
  648 F.2d 1051· 5th Cir.· 1981-06-26 ·cited 31×
  The court held that allowing the defendant to cross-examine the plaintiff's expert witness using a medical report that was excluded from evidence constituted reversible error.
• Rooney v. United States
  634 F.2d 1238· 9th Cir.· 1980-12-31 ·cited 31×
  The court held that the administrative claim filed by Rooney was sufficient to confer jurisdiction for claims arising from both his fall and subsequent medical treatment, and that the Government was liable for breaching its nondelegable duty to ensure adequate safety precautions.
• Watson v. Lucerne Mach. & Equip., Inc.
  347 So. 2d 459· Fla. 2d DCA· 1977-06-29 ·cited 31×
  The administratrix of Charles R. Watson's estate appealed a summary judgment dismissing her strict liability claim against the manufacturer, designer, and installer of a citrus processing machine that crushed Watson's head. The court affirmed, holding that Watson's death resulted
• The People OF the State OF Cal. v. The Italian Motorship Ilice
  534 F.2d 836· 9th Cir.· 1976-03-05 ·cited 31×·via Comparative Fault
  The court held that the case must be remanded to determine comparative fault under the new rule established in U.S. v. Reliable Transfer Co., and that the ship remains liable in rem for the compulsory pilot's negligence despite the owner's lack of personal liability.
• Bach v. Penn Cent. Transp. Co.
  502 F.2d 1117· 6th Cir.· 1974-08-23 ·cited 31×
  The court held that the trial court committed reversible error by giving an instruction regarding an Ohio statute on blood alcohol presumptions in a civil case and by admitting irrelevant and prejudicial testimony about the decedent's prior drinking. The court also found error in
• Empire Seafoods, Inc. v. Anderson
  398 F.2d 204· 5th Cir.· 1968-03-18 ·cited 31×
• United Serv. Corp. v. Vi-An Constr. Corp.
  77 So. 2d 800· Fla.· 1955-01-25 ·cited 31×
  United Service Corporation appealed a lower court decree refusing to re-establish a satisfied mortgage. The case concerns whether a mortgagee can restore a mortgage that was released through the mortgagor's fraud when an innocent purchaser relied on the executed deed and did not