Contributory Negligence

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

• O'Shea v. Riverway Towing Co.
  677 F.2d 1194· 7th Cir.· 1982-04-27 ·cited 38×
  The court held that inflation must be treated consistently when calculating lost future wages, either by adjusting wages upward and using a nominal discount rate, or by adjusting wages downward (for inflation) and using a real discount rate.
• Pitts v. Electro-Static Finishing, Inc.
  607 F.2d 799· 8th Cir.· 1979-10-23 ·cited 38×
  The court held that the trial judge did not err in granting a new trial after the first jury's verdict, nor in refusing to admit late-offered evidence or give a res ipsa loquitur instruction after the second trial.
• Dulin v. Circle F Indus., Inc.
  558 F.2d 456· 8th Cir.· 1977-07-05 ·cited 38×
  The court held that while the trial court properly dismissed claims against Weyerhaeuser and McCormick, it erred in refusing to instruct the jury on contributory negligence, requiring a new trial on that issue between plaintiff and Circle F.
• Ry. Express Agency, Inc. v. Garland
  269 So. 2d 708· Fla. 1st DCA· 1972-11-28 ·cited 38×
  Railway Express Agency appeals a $100,000 wrongful death judgment, challenging whether evidence supported that its truck dropped a box causing a bus to stop unexpectedly, whether the deceased was contributorily negligent as a matter of law, and whether the bus driver's stopping c
• ELY v. Reading Co.
  424 F.2d 758· 3d Cir.· 1970-04-09 ·cited 38×
  The court held that the jury instructions adequately conveyed the FELA standard for causation and that the exclusion of expert testimony was within the trial court's discretion.
• Eusebio M. Martinez v. Rodriquez
  215 So. 2d 305· Fla.· 1968-10-30 ·cited 38×
  This case concerns whether a father can recover for the wrongful death of his child if the child's mother was contributorily negligent, even if the father had no knowledge of the mother's negligence. The Florida Supreme Court held that the father is barred from recovery due to th
• 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
• United States v. Florene I. Miller
  303 F.2d 703· 9th Cir.· 1962-05-14 ·cited 38×
  A pilot's duty to observe and avoid other traffic, including according the right-of-way, is not relieved by the presence of a control tower or by conditions that do not render an aircraft physically impossible to see.
• City OF Williston v. Cribbs
  82 So. 2d 150· Fla.· 1955-07-27 ·cited 38×
  In this wrongful death case, the Florida Supreme Court affirmed a jury verdict for a widow whose husband died after being electrocuted by uninsulated electrical wires while working on a roof. The court held that the jury properly rejected the city's defenses of contributory negli
• Celanese Corp. of Am. v. John Clark Indus., Inc.
  214 F.2d 551· 5th Cir.· 1954-06-30 ·cited 38×
  A contract provision attempting to exempt a seller from liability for its own negligence, particularly gross negligence discovered after the sale, is not enforceable, especially when the contract was formed before the provision was presented.
• Yousko v. Vogt
  63 So. 2d 193· Fla.· 1953-02-17 ·cited 38×
  In this negligence case arising from a vehicular collision involving a skooter, the Florida Supreme Court affirmed the trial court's refusal to instruct the jury on the doctrine of "last clear chance," holding that the doctrine is inapplicable when both parties' negligence is con
• Waylander-Peterson Co. v. Great N. Ry. Co.
  201 F.2d 408· 8th Cir.· 1953-01-20 ·cited 38×
  The court held that the trial court did not err in denying the contractor's motions, in instructing the jury on res ipsa loquitur, or in granting indemnity to the railway company over contribution, as the contractor's negligence was primary and active.
• Romfh v. Berman
  56 So. 2d 127· Fla.· 1951-12-18 ·cited 38×
  The Florida Supreme Court held that a "Beware of Dogs" sign satisfies the statutory requirement for a "Bad Dog" sign, relieving the owner of liability for a dog bite. This decision clarifies the sufficiency of warning signs under Florida law regarding dog owner liability.
• N. Liquid Gas Co. v. Hildreth (two eases.)
  180 F.2d 330· 8th Cir.· 1950-02-23 ·cited 38×
  The court held that the issues of proximate cause and contributory negligence were questions of fact for the jury, not for the court to decide as a matter of law.
• 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.
• Nolan v. Moore
  81 Fla. 594· Fla.· 1920-06-10 ·cited 38×
  The Florida Supreme Court reversed a wrongful death judgment, holding that the wrongful death statute (Section 3147, General Statutes 1906, as amended) does not permit a parent to sue an individual for the tort of that individual's employee. The statute allows actions against cor
• Green v. Sansom
  41 Fla. 94· Fla.· 1899-01-01 ·cited 38×
  W. C. Green Company, contractors constructing a federal building, were sued by Richard Sansom for injuries sustained when a rope hoistaway failed while he was repairing plumbing. The Florida Supreme Court reversed the jury verdict, holding that plaintiff failed to establish negli
• City of Orlando v. Heard
  29 Fla. 581· Fla.· 1892-01-01 ·cited 38×
  The Florida Supreme Court reversed a judgment for personal injuries caused by an unsafe sidewalk, holding that a plaintiff suing a municipal corporation must allege in the declaration that the city had notice of the defect or facts from which notice may be inferred, in order to e
• 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
• O'Neil v. W. R. Grace & Co. & Md. Cas. Co.
  410 F.2d 908· 5th Cir.· 1969-02-28 ·cited 37×
  The court held that the question of contributory negligence was a jury issue, and the trial court erred in granting judgment notwithstanding the verdict.
• Liberty Mut. Ins. Co. & Monsanto Chem. Co. v. Mrs. Winnie Ruth Brown Falgoust
  386 F.2d 248· 5th Cir.· 1967-11-17 ·cited 37×
  The court held that there was sufficient evidence for the jury to find Monsanto negligent and that the work performed was not part of Monsanto's regular trade, business, or occupation.
• Seaboldt v. Pa. R.R. Co. (Defendant & Third-Party
  290 F.2d 296· 3d Cir.· 1961-05-08 ·cited 37×
  The court held that the contract's indemnity clause was broad enough to make Thompson liable for the Railroad's negligence if the jury found the Railroad liable. It also held that the plaintiff's counsel's failure to disclose a chiropractor's identity warranted a new trial.
• Ulmer Moore v. Diethrich
  133 Fla. 809· Fla.· 1938-08-02 ·cited 37×
  Ulmer Moore sued Robert Diethrich for personal injuries arising from a motor vehicle collision on State Highway No. 19. The trial court nearly granted Diethrich's motion for a directed verdict, but Moore took a nonsuit with bill of exceptions. The Florida Supreme Court reversed,
• 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
• Fla. Cent. & Peninsular R.R. Co. v. Foxworth
  45 Fla. 278· Fla.· 1903-01-01 ·cited 37×
  The Florida Supreme Court reviewed a personal injury case where the plaintiff was awarded $9,000. The court found the damages excessive, calculating the actual pecuniary loss and potential loss of consortium to be significantly lower. The court offered the plaintiff the option to
• 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
• Warnie Lee IVY v. Sec. Barge Lines, Inc.
  585 F.2d 732· 5th Cir.· 1978-12-04 ·cited 36×
  Damages for nonpecuniary losses, such as loss of society, are not recoverable in a Jones Act suit for death occurring within U.S. territorial waters, and a jury instruction on discounting future damages to present value must be timely requested.
• Canizzo v. Farrell Lines, Inc.
  579 F.2d 682· 2d Cir.· 1978-06-02 ·cited 36×
  The court held that the shipowner was not liable for the longshoreman's injury caused by a grease spill, as the primary responsibility for safety rested with the independent stevedore employer.
• Carmen Carrillo vda de Cerich v. Sameit Westbulk and Johan Hagenes
  514 F.2d 1214· 1st Cir.· 1975-04-14 ·cited 36×
  The court held that defendants failed to properly preserve objections to jury instructions on damages and that their indemnity claim against the stevedore was procedurally flawed. The award of counsel fees to the stevedore was vacated for further findings.
• Lettsome v. United States
  434 F.2d 907· 5th Cir.· 1970-11-16 ·cited 36×
  The court held that the district court's finding of no contributory negligence was inadequate for failing to make specific findings of fact and conclusions of law as required by Rule 52(a). It also held that the appellee waived the right to interest on the original judgment by fa
• Chicago v. Speth
  404 F.2d 291· 8th Cir.· 1968-12-12 ·cited 36×
  The court held that giving additional jury instructions in the absence of counsel, and the court's questioning of the jury regarding their verdict, constituted reversible error requiring a new trial on damages.
• Nolan v. Greene
  383 F.2d 814· 6th Cir.· 1967-09-13 ·cited 36×
  The court held that the trial judge properly denied the plaintiff's motion for a directed verdict and that the jury instructions, taken as a whole, fairly and adequately submitted the issues of negligence to the jury.
• Marsden v. Sebastiano O. Patane
  380 F.2d 489· 5th Cir.· 1967-04-13 ·cited 36×
  The court held that the plaintiff was entitled to summary judgment because the defendant's negligence was conclusively established and the evidence of causation was sufficient.
• Nathalie L. Dupont v. S. Pac. Co.
  366 F.2d 193· 5th Cir.· 1966-09-21 ·cited 36×
  The court held that the trial court's consolidation of cases did not prejudice the substantial rights of the driver's survivors, nor was the appointment of lead counsel an abuse of discretion.
• Baron Tube Co. v. The Transp. Ins. Co.
  365 F.2d 858· 5th Cir.· 1966-08-03 ·cited 36×
  A 'unit of time' argument for pain and suffering damages is permissible advocacy when accompanied by a suitable cautionary instruction from the trial court, and the trial court has discretion in allowing such arguments and implementing safeguards.
• Krizak v. W. C. Brooks & Sons
  320 F.2d 37· 4th Cir.· 1963-06-29 ·cited 36×
  The court held that the trial court erred in submitting the issue of contributory negligence to the jury and in refusing to admit certain expert testimony and allow cross-examination regarding an accident report.
• Dallison v. Sears
  313 F.2d 343· 10th Cir.· 1962-12-27 ·cited 36×
  The court held that the trial court did not err in instructing the jury that the plaintiff's negligence could be a defense to an action for breach of implied warranty, deferring to the trial court's interpretation of Colorado law.
• Holmes v. Forty-Five Twenty-Five, Inc.
  133 So. 2d 651· Fla. 3d DCA· 1961-10-19 ·cited 36×
  Viola Holmes was injured when she fell on steps in the basement/garage area of the Eden Roc Hotel while registering for a convention. The trial court granted summary judgment for all defendants, but the appellate court reversed, finding genuine issues of material fact remained re
• Frances H. Turner for Frank N. Turner v. Atl. Coast Line R.R. Co.
  292 F.2d 586· 5th Cir.· 1961-07-20 ·cited 36×
  The court held that the district court did not err in granting the defendant's motion for judgment because the undisputed evidence compelled the inference that the plaintiff's decedent was contributorily negligent.
• Nash Miami Motors, Inc. v. Ellsworth
  129 So. 2d 704· Fla. 3d DCA· 1961-05-11 ·cited 36×
  The Florida District Court of Appeal reversed a jury verdict for a pedestrian injured by a vehicle. The court found that a statement made by the defendant-driver to an investigating officer, which contradicted his trial testimony, was inadmissible under a statute protecting accid
• Town OF Mount Dora v. Bryant
  128 So. 2d 4· Fla. 2d DCA· 1961-03-15 ·cited 36×
  The Town of Mount Dora appealed a summary judgment finding it liable for wrongful death resulting from a collision involving a vehicle being pursued by a municipal police officer. The appellate court reversed, holding that the issue of negligence and proximate causation presented
• Annunzio Somma v. United States
  283 F.2d 149· 3d Cir.· 1960-10-10 ·cited 36×
  The court held that the Federal Employees' Compensation Act (FECA) coverage must be determined by the administrative agency before the Federal Tort Claims Act (FTCA) claim can proceed.
• Tamiami GUN Shop v. Klein
  109 So. 2d 189· Fla. 3d DCA· 1959-02-24 ·cited 36×
  Tamiami Gun Shop appeals a judgment awarding damages to a minor for injuries caused by an illegally sold firearm. The court affirmed, holding that a gun dealer's violation of statutes prohibiting sales to minors constitutes negligence per se, barring the defense of contributory n
• Elva Buck and Lawrence Buck v. Hardy
  106 So. 2d 428· Fla. 3d DCA· 1958-11-06 ·cited 36×
  The Bucks, as tenants, sued their landlords for negligence after Mrs. Buck fell on a common walkway. The trial court granted the landlords' motion for summary judgment, but the appellate court reversed, finding that negligence cases typically present genuine issues of material fa
• 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.
• Shaw v. Edward Hines Lumber Co.
  249 F.2d 434· 7th Cir.· 1957-10-30 ·cited 36×
  A trial court has the power to enter judgment on a reserved motion for a directed verdict, even without a specific post-verdict motion for judgment notwithstanding the verdict, provided the non-moving party had an opportunity to request a new trial.
• Springer v. Morris
  74 So. 2d 781· Fla.· 1954-08-31 ·cited 36×
  A pedestrian struck by an automobile while crossing Hollywood Boulevard at night recovered a jury verdict of $75,000 for her injuries. The automobile owner and driver appealed, challenging the trial court's denial of a mistrial motion regarding jury voir dire about insurance, rej
• Wawner v. Sellic Stone Studio
  74 So. 2d 574· Fla.· 1954-07-13 ·cited 36×
  A surveyor was struck by a truck while operating a surveyor's transit in a roadway. The Florida Supreme Court reversed a jury verdict for the defendant truck driver, holding that the trial court erred in failing to instruct the jury on the doctrine of last clear chance, as the dr
• Tampa Transit Lines, Inc. v. Corbin
  62 So. 2d 10· Fla.· 1952-12-22 ·cited 36×
  The Florida Supreme Court reversed a jury verdict awarding damages for personal injuries, finding that the trial court erred in instructing the jury on the doctrine of res ipsa loquitur without proper procedure and that the evidence did not support its application.