Contributory Negligence

4,345 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• The Boeing Co. v. Shipman
  411 F.2d 365· 5th Cir.· 1969-04-07 ·cited 2436×
  The court held that in diversity cases, federal courts must apply a federal standard, not the FELA standard, for determining the sufficiency of evidence to create a jury question. The proper standard is whether reasonable minds could reach different conclusions from substantial e
• Hoffman v. Jones
  280 So. 2d 431· Fla.· 1973-07-10 ·cited 1189×
  The Florida Supreme Court adopted the doctrine of comparative negligence to replace the absolute bar of contributory negligence in tort cases. The Court held that because contributory negligence is a judicial creation that has become inequitable in modern society, courts have the
• Cloud v. Fallis
  110 So. 2d 669· Fla.· 1959-04-10 ·cited 948×
  The Florida Supreme Court resolved conflicting precedent regarding the proper standard for reviewing trial court orders granting motions for a new trial. The court held that trial judges have broad discretion to grant new trials when verdicts are against the manifest weight of th
• Howard A. Engle, M.D. v. Liggett Grp., Inc.
  945 So. 2d 1246· Fla.· 2006-12-21 ·cited 544×
  This landmark case addresses the decertification of a nationwide tobacco class action and reverses a $145 billion punitive damages award while reinstating most compensatory damages to two of three class representatives. The Florida Supreme Court held that the Florida Settlement A
• West v. Caterpillar Tractor Co., Inc.
  336 So. 2d 80· Fla.· 1976-07-21 ·cited 444×
  Florida Supreme Court adopts the doctrine of strict liability in tort for defective products, extending liability to both users and foreseeable bystanders. The court holds that contributory negligence is not a defense when based on failure to discover defects, but ordinary lack o
• Offshore Co. & The Fid. & Cas. Co. of N.Y. v. Johnie M. Robison
  266 F.2d 769· 5th Cir.· 1959-04-30 ·cited 368×
• Eusebio M. Martinez v. Rodriquez
  394 F.2d 156· 5th Cir.· 1968-05-02 ·cited 265×
  The court certified a question to the Florida Supreme Court regarding whether a father's recovery for his daughter's death is barred by the mother's contributory negligence when the father neither knew nor could have known of the mother's negligence.
• Gibson v. AVIS Rent-A-Car Sys., Inc.
  386 So. 2d 520· Fla.· 1980-05-15 ·cited 254×
  Gibson sued Arata and Avis for damages from a multi-car collision on an interstate highway caused when Arata stopped his car for no apparent reason. The trial court directed a verdict for the defendants based on the theory that the negligence of a third driver (McNealy) was an ef
• Smith v. Dep't OF Ins.
  507 So. 2d 1080· Fla.· 1987-04-23 ·cited 249×
  The Florida Supreme Court upheld most of the Tort Reform and Insurance Act of 1986, which was enacted in response to a commercial liability insurance crisis. However, the Court held unconstitutional the $450,000 cap on noneconomic damages and struck down provisions retroactively
• Atl. Coast Line R.R. Co. v. Crosby
  53 Fla. 400· Fla.· 1907-01-01 ·cited 231×
  In this negligence case, a 10-year-old passenger sued the Atlantic Coast Line Railroad for injuries sustained when a locomotive struck passenger cars where she was standing on the platform. The court reversed the jury verdict of $5,000 for plaintiff because the trial court's init
• Borel v. Fibreboard Paper Prods. Corp.
  493 F.2d 1076· 5th Cir.· 1973-09-10 ·cited 230×
  The court held that the jury could reasonably find that the defendants failed to provide adequate warnings of the gravity of the dangers of asbestos exposure, and that the plaintiff did not unreasonably assume the risk of his known danger.
• Seaboard Air Line Ry. Co. v. Gertrude M. Watson
  94 Fla. 571· Fla.· 1927-08-01 ·cited 226×
  Seaboard Air Line Railway Company appeals a judgment for personal injuries awarded to Gertrude M. Watson after an automobile collision with a railroad train car at a crossing in Tallahassee. The Florida Supreme Court affirms the liability judgment but reduces the award from $12,0
• Gates v. Foley
  247 So. 2d 40· Fla.· 1971-04-07 ·cited 197×
  The Florida Supreme Court overruled its prior precedent denying wives a cause of action for loss of consortium when their husbands are negligently injured, holding that such discrimination based on sex is unconstitutional and contrary to modern understandings of marriage as a par
• Atl. Coast Line R.R. Co. v. Beazley
  54 Fla. 311· Fla.· 1907-06-01 ·cited 197×
  The Florida Supreme Court held that a railroad relief and hospital department contract, under which injured employees accept benefits in lieu of damages claims, is valid and enforceable as a release when the employee makes an informed election after injury, provided the contract
• Savino Dagnello v. Long Island Rail Rd. Co.
  289 F.2d 797· 2d Cir.· 1961-03-24 ·cited 192×
  The court held that federal appellate courts have the power to review a trial judge's discretion in refusing to set aside a verdict for excessiveness, and that the Seventh Amendment does not prohibit such review.
• Grigsby v. Coastal Marine Serv. OF Tex., Inc.
  412 F.2d 1011· 5th Cir.· 1969-05-01 ·cited 185×
• Blackburn v. Dorta
  348 So. 2d 287· Fla.· 1977-05-05 ·cited 183×
  The Florida Supreme Court resolved a split among district courts by holding that the affirmative defense of implied assumption of risk has been merged into the defense of contributory negligence and is now subject to comparative negligence principles following Hoffman v. Jones. T
• Connolly v. Sebeco, Inc.
  89 So. 2d 482· Fla.· 1956-09-12 ·cited 181×
  A motel guest who slipped on stairs during construction work sued the motel owner, operator, and contractor. The trial court granted summary judgment for all defendants based on the plaintiff's own testimony establishing contributory negligence. The Florida Supreme Court affirmed
• Fla. E. Coast Ry. Co. v. Hayes
  66 Fla. 589· Fla.· 1914-01-09 ·cited 176×
  The Florida Supreme Court affirmed a jury verdict awarding a father $12,500 in damages for the wrongful death of his 13-year-old son, who was fatally injured when he fell under a train. The court upheld the validity of Florida's wrongful death statute permitting recovery for pare
• Merchs. Transp. Co. v. Daniel
  109 Fla. 496· Fla.· 1933-04-22 ·cited 170×
  In this wrongful death case, Annie Daniel recovered a $5,000 judgment against Merchants Transportation Company for the death of her husband, a road foreman struck by defendant's truck. The Florida Supreme Court affirmed the judgment, holding that the evidence supported liability
• Gunn v. City of Jacksonville
  67 Fla. 40· Fla.· 1914-01-27 ·cited 165×
  Edward Gunn sued Jacksonville for negligence after receiving an electric shock while working at the city's electric light plant. The trial court directed a verdict for the city at the close of Gunn's evidence, but the Florida Supreme Court reversed, holding that sufficient eviden
• Food Fair Stores OF Fla., Inc. v. Patty
  109 So. 2d 5· Fla.· 1959-02-13 ·cited 164×
  Food Fair Stores sought certiorari review of a District Court of Appeal decision that reversed summary judgment in a slip-and-fall negligence case. The Florida Supreme Court held that when a plaintiff fails to present evidence of negligence, the defendant has no obligation to off
• Duval v. Hunt
  34 Fla. 85· Fla.· 1894-06-01 ·cited 164×
  This is the first wrongful death action under Florida's 1883 statute. The court reversed a judgment for the plaintiffs, holding that two adult sisters lacked standing as "dependents," that the deceased employee's own negligence barred recovery under comparative negligence princip
• Anderson v. S. Cotton Oil Co.
  73 Fla. 432· Fla.· 1917-02-23 ·cited 160×
  In this 1917 negligence case, the Florida Supreme Court reversed a directed verdict for a corporate defendant in an automobile accident case, holding that the employer's liability for an employee's negligent driving while using the company car with the employer's acquiescence is
• Baggett v. Davis
  124 Fla. 701· Fla.· 1936-06-27 ·cited 159×
  Baggett involves a negligence action arising from an automobile collision in Ohio. The Florida Supreme Court reversed a $5,000 judgment for the plaintiff, finding multiple trial errors including improper jury instructions on damages, admission of plaintiff's testimony about his s
• Gross v. S. Ry. Co.
  414 F.2d 292· 5th Cir.· 1969-05-30 ·cited 149×
  The court held that genuine issues of material fact existed regarding negligence and comparative negligence, which should have been submitted to a jury, not decided by summary judgment.
• Seaboard Air Line Ry. Co. v. Myrick
  91 Fla. 918· Fla.· 1926-05-14 ·cited 149×
  This case addresses the respective duties of railroad companies and automobile drivers at highway-railroad crossings and the allocation of negligence when a train strikes a vehicle. The Florida Supreme Court reversed a jury verdict for the plaintiff, holding that the defendant ra
• The Fla. Cent. & Peninsular R.R. Co. v. Foxworth
  41 Fla. 1· Fla.· 1899-01-01 ·cited 148×
  The Florida Supreme Court reversed a wrongful death judgment against a railroad company, holding that while a widow may recover damages for loss of her husband's comfort, society, and protection, the trial court erred in allowing recovery for the full value of the deceased's futu
• Durham v. Fla. E. Coast Ry. Co.
  385 F.2d 366· 5th Cir.· 1967-10-31 ·cited 147×
  The court held that dismissing a complaint with prejudice due to an attorney's negligence, without evidence of bad faith or substantial prejudice to the defendant, exceeds judicial discretion.
• State v. Thewell Eugene Hamilton
  574 So. 2d 124· Fla.· 1991-01-17 ·cited 145×
  The Florida Supreme Court reversed a trial court's order granting a new penalty phase in a capital case, holding that unauthorized automobile magazines in the jury room during deliberations did not warrant reversal under a harmless error analysis. The Court adopted the Fifth Circ
• German Am. Lumber Co. v. Brock
  55 Fla. 577· Fla.· 1908-01-01 ·cited 145×
  This negligence case involves a sawmill worker injured when a log struck him after a circular saw failed to cut it in two. The Florida Supreme Court affirmed the trial court's denial of a directed verdict for the employer and upheld a general negligence declaration, establishing
• Allen v. Hooper
  126 Fla. 458· Fla.· 1936-12-10 ·cited 144×
  In this negligence case arising from a truck collision, the Florida Supreme Court affirmed judgment for the plaintiff against the defendant driver, holding that violation of traffic statutes constitutes prima facie evidence of negligence that can be rebutted by surrounding circum
• Jacksonville v. Peninsular Land
  27 Fla. 1· Fla.· 1891-01-01 ·cited 140×
  Jacksonville, Tampa & Key West Railway Company appeals a jury verdict of $52,909.03 in favor of Peninsular Land, Transportation and Manufacturing Company for damages caused by a fire that destroyed plaintiff's buildings and property in Tavares, Florida on April 9, 1888. The fire
• Edwards v. Sears
  512 F.2d 276· 5th Cir.· 1975-04-25 ·cited 139×
  The court held that prejudicial closing arguments and jury passion/prejudice tainted both liability and damages, necessitating a new trial.
• Felice Grillea v. United States & Nat'l Shipping Auth.
  232 F.2d 919· 2d Cir.· 1956-04-26 ·cited 137×
• Cone v. Inter Cnty. Tel. Tel. Co.
  40 So.2d 148· Fla.· 1949-01-21 ·cited 136×
  The court reversed a judgment for personal injury damages awarded to a telephone company employee. The employee was injured by an explosion of a gasoline truck that had collided with the company's truck due to the company's driver's negligence. The court found the explosion and s
• Williams v. City OF Lake City
  62 So. 2d 732· Fla.· 1953-01-16 ·cited 135×
  Susie Williams sued the City of Lake City and two private contractors for injuries from falling into an unlit, unguarded sewer ditch. The Florida Supreme Court reversed the summary judgment against the contractors (finding genuine issues of fact precluding summary judgment) but a
• King v. Cooney-Eckstein Co.
  66 Fla. 246· Fla.· 1913-11-04 ·cited 134×
  This case concerns the liability of a lessee for injuries sustained by a third party due to a defective wharf. The court held that the lessee, as the party in actual control, is primarily liable for maintaining the premises in a reasonably safe condition for lawful visitors.
• Bartholf v. Baker
  71 So. 2d 480· Fla.· 1954-03-19 ·cited 133×
  In this personal injury case, Bartholf appeals a $20,000 jury verdict against him for negligence in failing to provide a safe workplace. The Florida Supreme Court affirmed the liability finding but remanded for reduction of damages, concluding the verdict was excessive based on t
• Warner v. Goding
  91 Fla. 260· Fla.· 1926-02-06 ·cited 133×
  The Florida Supreme Court reversed a judgment for personal injury damages against trustees of a water company, holding that the employer could not be held liable under respondeat superior because the employee was acting outside the scope of employment—taking a truck on a "straw r
• Maxwell J. Brooks v. Owens
  97 So. 2d 693· Fla.· 1957-10-25 ·cited 131×
  This Florida Supreme Court case addresses whether an accident defendant must disclose automobile liability insurance policy limits during discovery. The court holds that policy limits are not proper subjects of discovery under Florida civil procedure rules, as they are irrelevant
• Nelson v. Ziegler
  89 So. 2d 780· Fla.· 1956-07-18 ·cited 131×
  The Florida Supreme Court reversed a directed verdict in a negligence case, holding that the question of whether the defendant driver could have avoided injuring the plaintiff pedestrian was a matter for the jury to decide, not the judge. The court emphasized that even if the pla
• Wilkie v. Holstead Roberts
  91 Fla. 1064· Fla.· 1926-06-05 ·cited 130×
  A father sued for damages after his minor son was struck by an automobile negligently operated by the defendant. The jury awarded $2,500, but the Florida Supreme Court reversed, holding that the father could recover only for loss of services and medical expenses under common law,
• Simblest v. Maynard
  427 F.2d 1· 2d Cir.· 1970-05-12 ·cited 128×
  The court held that the plaintiff was contributorily negligent as a matter of law, affirming the judgment n.o.v. for the defendant.
• McWEENEY v. NEW York
  282 F.2d 34· 2d Cir.· 1960-07-29 ·cited 126×
• Tampa Drug Co. v. Wait
  103 So. 2d 603· Fla.· 1958-05-07 ·cited 123×
  Tampa Drug Company appeals a judgment for wrongful death arising from the death of Thomas Bryan Wait, who was poisoned by carbon tetrachloride fumes while cleaning his home floors with a product purchased from the defendant. The Florida Supreme Court affirms, holding that the dru
• Atl. Coast Line R.R. Co. v. Shouse
  83 Fla. 156· Fla.· 1922-02-02 ·cited 119×
  A railroad employee was struck by a car being switched using a dangerous "flying switch" method in the defendant's rail yards. The trial court awarded the plaintiff $15,000 in damages. On appeal, the railroad challenged the verdict on evidentiary, instructional, and damages groun
• J. G. Christopher Co. v. Russell
  63 Fla. 191· Fla.· 1912-01-01 ·cited 118×
  Russell was injured when he fell through an unguarded hole in the floor of a hardware store while examining rope he intended to purchase. The Florida Supreme Court affirmed a judgment for Russell, holding that the store owner owed a duty to keep premises safe for invited customer
• Wells v. Palm Beach Kennel Club
  160 Fla. 502· Fla.· 1948-06-01 ·cited 117×
  The court held that a place of amusement like a race track owes a higher duty of care to its patrons than a typical business, and the question of whether ordinary care was exercised to protect patrons from hazards like discarded bottles should be decided by a jury.
• D/S OVE Skou v. Hebert
  365 F.2d 341· 5th Cir.· 1966-08-19 ·cited 116×
  The court held that the shipowner is entitled to 100% indemnity from the stevedores, apportioned equally, and that the time charterer is entitled to recover its counsel fees from both the shipowner and the stevedores.