Contributory Negligence

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

• Ashcroft v. Calder Race Course, Inc.
  492 So. 2d 1309· Fla.· 1986-07-10 ·cited 115×
  A jockey injured at a horse racing track sued for damages, and the jury awarded $10 million finding the track negligent and the jockey not negligent. The trial court reduced the award to $5 million through remittitur, but the Florida Supreme Court reversed, holding that the trial
• Auburn Mach. Works Co., Inc. v. Jones
  366 So. 2d 1167· Fla.· 1979-01-18 ·cited 115×
  The Florida Supreme Court rejected the 'patent danger' doctrine, which had previously barred manufacturer liability when a product's hazard was obvious to the user. The Court held that obviousness of danger is not an absolute exception to liability but rather a factor in determin
• Crenshaw Bros. Produce Co., Inc. v. Harper
  142 Fla. 27· Fla.· 1940-02-23 ·cited 115×
  The Florida Supreme Court consolidated two tort cases arising from a single incident where a truck driver negligently operated a motor truck into a railroad crossing, injuring a 19-year-old student helper. The Court affirmed judgments for the plaintiffs, holding that the truck dr
• S. Express Co. v. Williamson
  66 Fla. 286· Fla.· 1913-11-04 ·cited 115×
  Southern Express Company appealed a judgment for damages awarded to Williamson after a heavy casting fell on his foot while he stood at the express company's counter to receipt for a package. The Florida Supreme Court affirmed, holding that the company owed Williamson a duty of r
• Allen v. Seacoast Prods., Inc.
  623 F.2d 355· 5th Cir.· 1980-08-06 ·cited 110×
  The court held that the trial court properly directed a verdict on liability for the seaman's injuries due to unseaworthiness and Jones Act negligence, and that the damage award was not excessive.
• GAY v. Ocean Transp. & Trading, Ltd.
  546 F.2d 1233· 5th Cir.· 1977-02-11 ·cited 110×
  Vessels are liable under the LHWCA only for their own negligence, guided by land-based tort principles, not for unseaworthiness or the negligence of stevedores. The obviousness of a danger does not automatically absolve a vessel of duty, but the stevedore's negligence can be the
• Fla. Cent. & Peninsular R.R. Co. v. Williams
  37 Fla. 406· Fla.· 1896-01-01 ·cited 108×
  A blind man was struck by a railroad engine at a public crossing in Gainesville, Florida, and recovered $500 in damages. The Florida Supreme Court reversed, finding the trial judge's instructions on contributory negligence and the plaintiff's duties as a blind person were erroneo
• Fla. Power & Light Co. v. Robinson
  68 So. 2d 406· Fla.· 1953-11-17 ·cited 107×
  Florida Power & Light Company appealed a jury verdict of $225,360 in favor of Calvin Robinson, an employee of an independent contractor hired to remove and replace power poles, who was injured when a deteriorated pole snapped while he was working on it. The Supreme Court held tha
• Elvis Griffin v. Matherne
  471 F.2d 911· 5th Cir.· 1973-01-12 ·cited 106×
  The court held that the jury's special verdict was inconsistent regarding National Lead's liability, requiring reversal and remand, but consistent regarding Matherne and Humble, affirming the judgment for them.
• Williams v. Walker D. Hines
  80 Fla. 690· Fla.· 1920-11-22 ·cited 106×
  Henry Williams sued the Director General of Railroads for injuries sustained when a train struck his passenger train. The jury found for Williams against the Director General but exonerated the engineer employee. The trial court entered judgment for the Director General, and the
• Warfield v. Hepburn
  62 Fla. 409· Fla.· 1911-06-01 ·cited 106×
  A passenger injured when a railroad train was derailed sought damages for negligence. The Florida Supreme Court affirmed a $4,000 judgment, holding that the passenger's declaration sufficiently pleaded negligence by alleging the defendant carrier's duty, its negligent operation c
• Fla. E. Coast Ry. Co. v. Davis
  96 Fla. 171· Fla.· 1928-07-11 ·cited 104×
  In these consolidated railroad crossing accident cases, the Florida Supreme Court reversed the trial court's order granting new trials to plaintiffs injured when their automobile was struck by a northbound train at the Fulford crossing. The court held that the evidence conclusive
• Conway v. Chem. Leaman Tank Lines, Inc.
  610 F.2d 360· 5th Cir.· 1980-01-25 ·cited 102×
  The trial court abused its discretion in setting aside the jury's verdict and granting a new trial, as the verdict was supported by the evidence and not against the great weight thereof.
• Dunn v. ST. Louis-San Francisco Ry. Co.
  370 F.2d 681· 10th Cir.· 1966-12-12 ·cited 102×
  The court held that the jury instructions were not inconsistent and that the admission of the highway officer's testimony was not prejudicial error, thus affirming the jury's verdict.
• McNELLO v. John B. Kelly, Inc.
  283 F.2d 96· 3d Cir.· 1960-09-15 ·cited 102×
  The court held that the trial judge's jury instructions on negligence were fundamentally flawed and constituted reversible error, despite the defendant's failure to object. The court also affirmed the dismissal of a third-party claim.
• Seaboard Coast Line R.R. Co. v. Indus. Contracting Co., Inc.
  260 So. 2d 860· Fla. 4th DCA· 1972-03-09 ·cited 101×
  Seaboard Coast Line Railroad Company appealed a summary judgment dismissing its indemnification claim against Industrial Contracting Company based on res judicata principles arising from an earlier jury verdict in Hartley's tort suit against Industrial. The court reversed, holdin
• Cenco Inc. v. Seidman & Seidman
  686 F.2d 449· 7th Cir.· 1982-03-26 ·cited 99×
  The court held that a corporation cannot shift the entire responsibility for fraud perpetrated by its top management for the company's benefit onto its auditors, and that auditors lack standing under RICO to sue for damages when used as a tool of the criminal enterprise.
• Skidmore v. Baltimore & O. R. Co.
  167 F.2d 54· 2d Cir.· 1948-03-15 ·cited 98×
• Lindsay v. Mrs. M. J. Thomas
  128 Fla. 293· Fla.· 1937-05-21 ·cited 98×
  In this negligence case arising from a street crossing accident in Orlando, the Florida Supreme Court reversed a judgment for the defendant and ordered a new trial because the trial court's instructions on the 'last clear chance' doctrine contained confusing and contradictory qua
• Ingram-Dekle Lumber Co. v. Geiger
  71 Fla. 390· Fla.· 1916-04-05 ·cited 98×
  In this 1916 Florida case, the Supreme Court reversed a jury verdict awarding damages to an injured railroad worker. The court held that because the plaintiff was a fellow-servant of the locomotive engineer, the railroad employer was not liable for injuries caused by the engineer
• Quinn v. Truman Alan Millard
  358 So. 2d 1378· Fla. 3d DCA· 1978-05-09 ·cited 97×
  In this personal injury case arising from an automobile accident, the appellate court affirmed the jury verdicts for the plaintiff but reversed and remanded on the issue of Allstate's insurance policy limits, which the trial court failed to properly address. The court also reject
• Ins. Co. OF N. Am. & John Menninger v. Pasakarnis
  451 So. 2d 447· Fla.· 1984-04-12 ·cited 96×
  The Florida Supreme Court held that evidence of a plaintiff's failure to wear an available and operational seat belt is admissible in personal injury litigation to reduce damages (but not to establish liability for the accident itself), establishing the viability of the "seat bel
• Weber v. Porco
  100 So. 2d 146· Fla.· 1958-01-29 ·cited 94×
  This case addresses whether a wife who owns an automobile is bound by the contributory negligence of her husband while driving it, and whether genuine factual disputes about an intersection collision preclude summary judgment. The Florida Supreme Court reversed the trial court's
• Am. Ry. Express Co. v. Weatherford
  86 Fla. 626· Fla.· 1924-01-07 ·cited 93×
  American Railway Express Company sought review of a judgment awarding damages to Weatherford for injuries resulting from a collision between the company's horse-drawn delivery truck and Weatherford's motorcycle with sidecar. The Florida Supreme Court addressed whether it had juri
• Fla. Ry. & Navigation Co. v. Webster
  25 Fla. 394· Fla.· 1889-01-01 ·cited 93×
  A railroad company appeals a $9,000 jury verdict for personal injuries sustained by a passenger-employee who was traveling with livestock under a shipping contract. The Florida Supreme Court affirmed liability but reduced damages, finding the verdict excessive for compensatory in
• Camp v. Hall
  39 Fla. 535· Fla.· 1897-06-01 ·cited 92×
  In this 1897 Florida case, the court affirmed judgment for a young boy injured while performing dangerous work at a sawmill. The court held that a master is liable for injuries to a servant caused by a foreman's negligent orders to perform hazardous work outside the servant's emp
• Winner v. Sharp
  43 So. 2d 634· Fla.· 1949-12-13 ·cited 91×
  In this negligent death case arising from a fatal automobile-pedestrian accident involving a three-year-old child, the Florida Supreme Court affirmed a jury verdict for the parents against the driver, rejecting challenges to the admissibility of evidence, the trial court's instru
• Urti v. Transp. Commercial Corp.
  479 F.2d 766· 5th Cir.· 1973-06-13 ·cited 90×
  The court held that the trial court erred as a matter of law in denying a new trial because there was an absolute absence of evidence to support the jury's finding of contributory negligence.
• United States v. Carroll Towing Co., Inc.
  159 F.2d 169· 2d Cir.· 1947-01-09 ·cited 90×
  The court held that the owner of a barge is liable for damages resulting from its sinking if the bargee's prolonged absence without excuse during working hours contributed to the loss, and that the owner of the tug whose employee's actions led to the barge breaking free is also l
• Atl. Coast Line R.R. Co. v. Cora Garrett Webb
  112 Fla. 449· Fla.· 1933-10-27 ·cited 90×
  The Florida Supreme Court reversed a judgment against the Atlantic Coast Line Railroad Company, holding that a trial court committed reversible error by directing a verdict for the plaintiff and affirmatively instructing the jury that the defendant was negligent as a matter of la
• Byers v. Gunn
  81 So. 2d 723· Fla.· 1955-07-08 ·cited 88×
  A minor injured when she fell from the hood of a car driven by a teenage girl is awarded damages against the car's owner/father. The court affirms, holding that once a driver discovers a trespasser in peril on her vehicle, she owes a duty of reasonable care to avoid injuring that
• Werner v. The Upjohn Co., Inc.
  628 F.2d 848· 4th Cir.· 1980-08-04 ·cited 86×
  The court held that the admission of a subsequently revised drug warning into evidence to prove negligence was reversible error under Federal Rule of Evidence 407, as feasibility was not controverted and the policy behind the rule applies to strict liability claims as well.
• Treva M. Wratchford v. S. J. Groves & Sons Co.
  405 F.2d 1061· 4th Cir.· 1969-01-08 ·cited 86×
  The court held that the federal standard, not the state standard, applies to determining the sufficiency of evidence to go to the jury in a diversity case. The court also found sufficient evidence of proximate causation to go to the jury.
• Gaynon v. Statum
  151 Fla. 793· Fla.· 1942-11-17 ·cited 86×
  H.A. Statum sued for damages from a truck accident that injured both him and his wife Edna. The defendant argued Statum split his cause of action by first recovering damages in Civil Court (for his wife's injuries) and then suing again in Circuit Court (for his own injuries), vio
• A. Mortellaro & Co. v. Atl. Coast Line R.R. Co.
  91 Fla. 230· Fla.· 1926-01-30 ·cited 86×
  A delivery truck company sued a railroad for damages from a collision at a railroad crossing in Tampa. The trial court directed a verdict for the railroad, but the Florida Supreme Court reversed, holding that the case presented jury questions regarding the railroad's negligence a
• Seaboard Air Line Railway v. Callan
  73 Fla. 688· Fla.· 1917-03-21 ·cited 86×
  This case concerns a personal injury lawsuit against a railroad company. The court affirmed a jury verdict for the plaintiff, holding that the railroad failed to overcome the statutory presumption of negligence when its train backed into the plaintiff's wagon without sufficient w
• Deane v. Miss Myrtle Johnston
  104 So. 2d 3· Fla.· 1958-06-13 ·cited 85×
  In this premises liability case, the Florida Supreme Court held that a property owner's placement of a weighing machine on a public sidewalk without a permit, while arguably constituting a nuisance, does not bar a plaintiff's recovery based on contributory negligence when the def
• Seaboard Air Line Railway v. Tomberlin
  70 Fla. 435· Fla.· 1915-11-30 ·cited 85×
  The Florida Supreme Court reversed a personal injury judgment against a railroad company. The court found that the injured party's own negligence in crossing the tracks proximately contributed to his injuries, overriding any potential negligence by the railroad.
• Hall v. Holland
  47 So.2d 889· Fla.· 1950-10-06 ·cited 83×
  The Florida Supreme Court reversed a jury verdict for the defendant, finding that the trial court's jury instructions were erroneous. The case involved a painter injured when a canopy he was painting collapsed, and the court clarified the duty of a property owner to inspect for l
• Fla. Motor Transp. Co. v. Hillman
  87 Fla. 512· Fla.· 1924-05-24 ·cited 83×
  Florida Motor Transportation Company appealed a judgment awarding Clarence Hillman $2,500 for personal injuries after a motor bus struck him while he was working on the roadside. The Florida Supreme Court affirmed, holding that the defendant's failure to properly plead contributo
• Bailey v. S. Pac. Transp. Co.
  613 F.2d 1385· 5th Cir.· 1980-03-21 ·cited 82×
  The court held that evidence of a surviving spouse's remarriage is not admissible to mitigate damages under Texas law, and that evidence of prior accidents and signal malfunctions at a railroad crossing is relevant to prove the crossing's hazardous nature and the railroad's notic
• Wright v. Paramount-Richards Theatres, Inc.
  198 F.2d 303· 5th Cir.· 1952-07-18 ·cited 82×
  A federal court, bound by the Seventh Amendment, cannot re-examine facts tried by a jury and set aside a verdict based on state law interpretations that allow appellate review of facts. The jury's determination of negligence and contributory negligence, if reasonably supported by
• Austin v. Unarco Indus., Inc.
  705 F.2d 1· 1st Cir.· 1983-03-30 ·cited 80×
  The court held that the bankruptcy stay applies only to the debtor and not to solvent co-defendants, and that admiralty law could apply to products liability claims arising from shipyard asbestos exposure.
• City of Jacksonville v. Stokes
  74 So. 2d 278· Fla.· 1954-07-06 ·cited 80×
  A 12-year-old girl was injured when she fell into a hole in a Jacksonville sidewalk. The city argued the child was contributorily negligent as a matter of law, but the Florida Supreme Court held that contributory negligence of a child is a question of fact for the jury, not law,
• First Fed. Sav. & Loan Ass'n v. Wylie
  46 So. 2d 396· Fla.· 1950-05-16 ·cited 80×
  The Florida Supreme Court affirmed a jury verdict awarding damages to a woman injured in a fall on a waxed floor in a public building. The court held that the owner's negligent maintenance of the floor, despite customary waxing, created a dangerous condition, and the injured part
• Tampa Shipbuilding & Eng'g Corp. v. Adams
  132 Fla. 419· Fla.· 1938-04-14 ·cited 80×
  Tampa Shipbuilding & Engineering Corp. was held liable for the wrongful death of a minor employee under Florida child labor protection statutes. The court affirmed that statutory violations constituting illegal employment of a child constitute negligence per se, making the employ
• Stirling v. Sapp
  229 So. 2d 850· Fla.· 1969-07-02 ·cited 79×
  The Supreme Court of Florida reviewed a District Court of Appeal decision that affirmed a trial court's judgment notwithstanding the verdict, which had overturned a jury award for plaintiffs in an automobile accident case.
• The City of Jacksonville v. Glover
  69 Fla. 701· Fla.· 1915-06-07 ·cited 79×
  Rosa Belle Glover, widow of a city employee killed by contact with uninsulated high-voltage electrical wires while performing assigned work, sued the City of Jacksonville for negligence. The Florida Supreme Court affirmed a judgment for the widow, holding that the city's duty to
• Lottie Everett and Robert Everett v. Carnival Cruise Lines
  912 F.2d 1355· 11th Cir.· 1990-09-25 ·cited 78×
  A jury instruction that allows liability for merely creating a condition, without requiring notice, is erroneous in a maritime tort case.
• Atl. Coast Line R.R. Co. v. Frona Mae Boone and Helen Goff
  85 So. 2d 834· Fla.· 1956-02-01 ·cited 78×
  In this consolidated wrongful death and personal injury case arising from a train-automobile collision, the Florida Supreme Court addressed the proper characterization of settlement documents as either releases or covenants not to sue, and resolved an appellate jurisdiction issue