Contributory Negligence

4,344 Florida cases classified under this topic · sorted by citation count

• Connell v. Petri
  159 Fla. 67· Fla.· 1947-06-03 ·cited 22×
  The court held that the trial court erred in taking the case from the jury, as the evidence presented a question of fact regarding contributory negligence.
• Chicago v. Arnold
  160 F.2d 1002· 8th Cir.· 1947-03-24 ·cited 22×
  The dissenting judge believes the majority erred in creating a judicial exception to the Federal Employers' Liability Act and in usurping the jury's role in determining causation and reasonable action.
• Mills v. Denver Tramway Corp.
  155 F.2d 808· 10th Cir.· 1946-05-20 ·cited 22×
  The dissenting judge holds that the majority improperly took judicial notice of a disputed fact not presented to the trial court, and that the plaintiff failed to meet their burden of proof.
• Alcaro v. Jean Jordeau, Inc.
  138 F.2d 767· 3d Cir.· 1943-10-27 ·cited 22×
• Sinclair Prairie Oil Co. v. Thornley
  127 F.2d 128· 10th Cir.· 1942-03-23 ·cited 22×
  The court held that the jury's findings of negligence against Sinclair and Halliburton were supported by substantial evidence, and that the trial court's instructions on negligence and contributory negligence were proper. The court also held that Sinclair was not entitled to inde
• Rowe v. Gatke Corp.
  126 F.2d 61· 7th Cir.· 1942-02-21 ·cited 22×
  The court held that the trial court's findings of negligence and lack of contributory negligence were supported by ample evidence, and that the statute of limitations did not bar the claim. Admission of certain testimony was harmless error.
• Logan Coal & Supply Co. v. Hasty
  68 Fla. 539· Fla.· 1914-12-22 ·cited 22×
  Logan Coal and Supply Company appeals a judgment for $800 in damages awarded to Robert Hasty, a minor, for injuries sustained when he fell 40 feet from an unfastened board on an elevated tramway while performing work as directed by the company. The Florida Supreme Court affirmed
• The S. Turpentine Co. v. Douglass
  61 Fla. 424· Fla.· 1911-01-01 ·cited 22×
  The Florida Supreme Court reversed a judgment for the plaintiff in a wrongful death case, finding that the trial court erroneously struck the defendant's "assumption of risk" defense. The court held that the defense, even if imperfectly pleaded, should not have been stricken on m
• The Fla. E. Coast Ry. Co. v. Welch
  53 Fla. 145· Fla.· 1907-01-01 ·cited 22×
  This case addresses railroad liability for fire damage caused by locomotive engines. The Florida Supreme Court upheld a judgment for the plaintiff property owner, establishing that a railroad company may be held liable for fires set by its locomotives even when the specific engin
• Atl. Coast Line R.R. Co. v. Ryland
  50 Fla. 190· Fla.· 1905-06-01 ·cited 22×
  An employee of Atlantic Coast Line Railroad sued for injuries from a derailed hand-car, claiming negligence by a co-employee and/or defective equipment. The Florida Supreme Court reversed the judgment, holding that the employee's own negligence as foreman in failing to prevent or
• Allstate Ins. Co. v. Ladner
  740 So. 2d 42· Fla. 1st DCA· 1999-03-30 ·cited 21×
  Allstate Insurance appealed the trial court's denial of its motion to vacate a clerk's default. The First District Court of Appeal reversed, holding that an unverified answer containing a general denial and affirmative defenses is sufficient to establish a meritorious defense for
• Alderman v. Wysong & Miles Co.
  486 So. 2d 673· Fla. 1st DCA· 1986-04-10 ·cited 21×
  In this products liability case, the estate of a rigger killed when a Wysong press brake toppled sued for design defect. The trial court refused to instruct the jury that failure to discover a design defect cannot be a defense to strict liability, allowed evidence of ANSI industr
• Kratzer v. Cap. Marine Supply, Inc.
  645 F.2d 477· 5th Cir.· 1981-05-20 ·cited 21×
  The court affirmed the district court's judgment, holding that the apportionment of negligence was not clearly erroneous and that the plaintiff was entitled to recover costs for private medical care due to the inadequacy of Public Health Service treatment.
• Bettye Cruthirds v. RCI, Inc.
  624 F.2d 632· 5th Cir.· 1980-08-21 ·cited 21×
  The court held that the district court properly granted a new trial, not because the verdict was against the weight of the evidence, but due to a fundamental error in the jury instructions regarding comparative negligence.
• Concetta REA and Frank Rea v. Leadership Hous., Inc.
  312 So. 2d 818· Fla. 4th DCA· 1975-05-16 ·cited 21×
  Homeowners Rea sued Leadership Housing for injuries sustained when Mrs. Rea fell into an unrepaired hole in her driveway. The trial court granted summary judgment for the defendant based on assumption of risk and contributory negligence defenses. The appellate court reversed, hol
• Ford Motor Co. v. Dallas Power & Light Co.
  499 F.2d 400· 5th Cir.· 1974-08-21 ·cited 21×
  The court held that the trial court erred in denying Ford's motion for judgment on the verdict based solely on imputed contributory negligence, as the jury's findings were insufficient to justify a judgment for Ford under the theories presented, and the case should have been subm
• Gifford v. Galaxie Homes OF Tampa, Inc.
  223 So. 2d 108· Fla. 2d DCA· 1969-05-14 ·cited 21×
  Plaintiff Gifford appeals a summary judgment granted to defendant Galaxie Homes after being injured when his foot sank into soft sand while approaching the defendant's office building entrance. The appellate court reversed, holding that expert testimony regarding construction sta
• Seabrook v. Taylor
  199 So. 2d 315· Fla. 4th DCA· 1967-05-04 ·cited 21×
  The court held that parents could be liable for their minor child's tortious use of a dangerous instrumentality if their negligence in making it accessible contributed to the injury.
• Conroy v. Briley
  191 So. 2d 601· Fla. 1st DCA· 1966-11-08 ·cited 21×
  The dissenting judge in this case argues against the majority's reliance on prior case law to establish that violations of a city ordinance and a state regulation regarding handrails constituted prima facie evidence of negligence.
• Beebe v. Kaplan
  177 So. 2d 869· Fla. 3d DCA· 1965-08-03 ·cited 21×
  Anna Beebe, a temporary maid, was injured when she fell into a cutout around a flower bed in a tent set up for a party at Irving Kaplan's home. The court affirmed summary judgment for the tent company but reversed summary judgment for Kaplan, holding that questions of Kaplan's ne
• Theriault v. Sellers B. Rogers and William Bruce Rogers
  166 So. 2d 820· Fla. 3d DCA· 1964-06-30 ·cited 21×
  The court held that the trial court did not err in failing to grant a directed verdict for the defendant, as the facts presented a jury question regarding negligence and contributory negligence.
• Lorna Reed v. Black Caesar's Forge Gourmet Rest., Inc.
  165 So. 2d 787· Fla. 3d DCA· 1964-06-16 ·cited 21×
  The court held that the complaint failed to state a cause of action for wrongful death against the liquor establishment.
• Suritz v. Kelner
  155 So. 2d 831· Fla. 3d DCA· 1963-07-16 ·cited 21×
  Attorney George Suritz sued his former counsel Milton Kelner for legal malpractice, alleging that Kelner negligently advised him not to answer interrogatories in a third-party tort action, resulting in dismissal with prejudice. The trial court granted a directed verdict for Kelne
• Williams v. Caterpillar Tractor Co., Inc.
  149 So. 2d 898· Fla. 2d DCA· 1963-02-01 ·cited 21×
  This products liability wrongful death case involves a mechanic killed when a grease fitting on a Caterpillar bulldozer tractor exploded due to excessive hydraulic pressure. The court reversed a summary judgment for the manufacturer, finding unresolved factual issues regarding th
• Bertie Guhman v. Fla. Power & Light Co.
  139 So. 2d 749· Fla. 3d DCA· 1962-04-10 ·cited 21×
  Appellants sought review of a directed verdict entered against them in a personal injury case arising from a crane striking a live power line. The court reversed, finding sufficient evidence of negligence to submit the case to a jury and rejecting the trial court's exclusion of r
• Food Fair Stores v. Winkelmann
  135 So. 2d 6· Fla. 3d DCA· 1961-10-30 ·cited 21×
  A plaintiff was injured when he tripped over an electric cord while inserting a coin into an amusement device (hobby horse) at a food store. The appeals court affirmed the jury verdict against the conditional vendee and the store operator, but reversed as to the conditional vendo
• Dowling v. Loftin
  72 So. 2d 283· Fla.· 1954-04-20 ·cited 21×
  In this appeal from a railroad crossing accident case involving multiple deaths, the Florida Supreme Court affirmed a jury verdict of not guilty for the defendants. The court held that even though some jury charges may have been repetitious, the verdict was supported by substanti
• Andrews v. Narber
  59 So. 2d 869· Fla.· 1952-07-18 ·cited 21×
  The Florida Supreme Court affirmed a lower court's decision to dismiss a personal injury lawsuit. The court held that a hotel owner is not liable for a patron slipping on a wet walkway adjacent to a swimming pool, as such conditions are common and expected.
• Hillsboro Plantation v. Plunkett
  55 So.2d 534· Fla.· 1951-12-14 ·cited 21×
  The Florida Supreme Court considered whether a judgment in favor of one defendant, when a codefendant's case was still pending after a new trial was granted, constituted a final, appealable judgment. The court held that it was final and appealable, denying a motion to dismiss the
• Atl. Coast Line R. Co. v. Hadlock
  180 F.2d 105· 5th Cir.· 1950-01-10 ·cited 21×
  The court held that the jury should determine issues of negligence and proximate cause, as the evidence presented questions of fact regarding the conduct of both the driver and the railroad company.
• Hower v. Roberts (two cases)
  153 F.2d 726· 8th Cir.· 1946-02-26 ·cited 21×
  The court held that the wife's request for a concurrent negligence instruction was sufficiently preserved for review and its refusal was prejudicial error, requiring reversal. The husband's appeal was denied.
• Felshin v. Sir
  5 So. 2d 600· Fla.· 1942-01-02 ·cited 21×
  This case involves a tenant injured by slipping on a "throw rug" placed by the landlord on a slippery floor. The court affirmed the lower court's judgment for the landlord, finding the tenant had knowledge of the condition and likely contributed to her own injury.
• Standard Oil Co. v. Burleson
  117 F.2d 412· 5th Cir.· 1941-02-01 ·cited 21×
  The court held that the jury's verdict was supported by evidence and that the trial court committed no reversible error in its rulings or charges.
• Pidcock-Jones Co. v. Zola Bell Watson
  141 Fla. 376· Fla.· 1940-01-16 ·cited 21×
  The Florida Supreme Court reversed a wrongful death judgment of $23,500 awarded to three minor children for the death of their father, holding that the verdict was entirely unreasonable and not supported by evidence of the essential damages elements required under Florida law.
• Clark v. Atl. Coast Line R.R. Co.
  141 Fla. 155· Fla.· 1939-12-19 ·cited 21×
  Three consolidated wrongful death cases arose from a railroad crossing collision in Newberry, Florida that killed two minor children. The Florida Supreme Court affirmed the trial court's dismissal of the complaints for failure to state a cause of action, holding that the railroad
• Zee v. Gary
  137 Fla. 741· Fla.· 1939-05-19 ·cited 21×
  In this workers' compensation case, the Florida Supreme Court upheld an award to the widow of an employee who died after falling from a defective scaffold, rejecting the employer's defense that the employee's intoxication was the primary cause of the injury. The Court held that i
• Swanson v. Miami Home Milk Producers' Assn
  117 Fla. 110· Fla.· 1934-10-30 ·cited 21×
  The court affirmed a judgment for the defendant employer after a demurrer was sustained to the plaintiff employee's declaration. The employee sued for a back injury sustained while lifting heavy cream cans, but the court found he had assumed the risk of such an injury.
• Nettie M. Brinson v. City of Mulberry
  104 Fla. 248· Fla.· 1932-02-17 ·cited 21×
  This case involves a wrongful death suit against a city for a fatal car accident on a poorly maintained street. The appellate court found that the trial court erred in directing a verdict for the city, as the question of the city's negligence in maintaining barriers was a jury is
• Coons v. Pritchard
  69 Fla. 362· Fla.· 1915-03-30 ·cited 21×
  A fifteen-year-old employee of Vulcan Iron Works was injured while operating a defective electric drill machine when a wrench he was using to control a loose belt slipped, throwing his arm between the belt and pulley. The court held that an employer owes a heightened duty to inst
• Broward Cnty. Sch. Bd. v. Dombrosky
  579 So. 2d 748· Fla. 4th DCA· 1991-04-10 ·cited 20×
  The court held that when damages are clearly inadequate and liability was hotly contested, a new trial on both liability and damages is warranted due to the likelihood of jury compromise.
• Sanchez v. Int'l Park Condo. Ass'n, Inc.
  563 So. 2d 197· Fla. 3d DCA· 1990-06-26 ·cited 20×
  The appellate court reversed the denial of a new trial, holding that a new trial should be granted when a juror makes derogatory ethnic remarks, regardless of whether those remarks demonstrably influenced the verdict.
• Burton v. Powell
  547 So. 2d 330· Fla. 5th DCA· 1989-08-10 ·cited 20×
  In this negligence case, the appellate court reversed the trial court's allocation of fault between a rear-end collision victim and the defendant driver, holding that the victim was entitled to a directed verdict on liability because the defendant's negligence was the sole proxim
• Dula McCARTY v. Pheasant RUN, Inc.
  826 F.2d 1554· 7th Cir.· 1987-07-22 ·cited 20×
  The court affirmed the jury's verdict for the defendant, holding that the plaintiff failed to preserve her right to judgment notwithstanding the verdict and that the trial court did not err in excluding evidence or in its jury instructions.
• Bannister v. Town OF Noble
  812 F.2d 1265· 10th Cir.· 1987-02-25 ·cited 20×
  The court held that the district court did not abuse its discretion in admitting videotapes, submitting proximate cause to the jury, or in its jury instructions, and that there was no reversible error regarding character evidence or attorney misconduct.
• Scott v. Sears
  789 F.2d 1052· 4th Cir.· 1986-05-01 ·cited 20×
  The court held that while some of the expert testimony was admissible under federal rules, other portions were unduly prejudicial and should have been excluded under Rule 403, requiring a new trial.
• Edward Leasing Corp. v. Uhlig & Assocs., Inc.
  785 F.2d 877· 11th Cir.· 1986-03-04 ·cited 20×
  The court affirmed the district court's judgment, finding no abuse of discretion in discovery rulings and no clear error in factual findings, including the allocation of 40% comparative negligence to the plaintiff.
• Kelsay v. Consol. Rail Corp. & Nat'l R.R. Passenger Corp.
  749 F.2d 437· 7th Cir.· 1984-11-21 ·cited 20×
  The exclusion of evidence of prior accidents and a flawed jury instruction constituted prejudicial error requiring reversal and a new trial.
• Jackson v. Magnolia Brokerage Co.
  742 F.2d 1305· 11th Cir.· 1984-09-27 ·cited 20×
  The appellate court affirmed the district court's denial of motions for a new trial and judgment notwithstanding the verdict, finding the jury's award was not excessive and liability was properly determined.
• Giddens v. Denman Rubber Mfg. Co.
  440 So. 2d 1320· Fla. 5th DCA· 1983-11-03 ·cited 20×
  George Giddens appeals an adverse jury verdict in a strict product liability case after being injured by a tire that separated from a rim. The court reversed and remanded, holding that the trial court erred in granting partial summary judgment on the failure-to-warn issue, as dis
• Nygaard v. Peter PAN Seafoods, Inc.
  701 F.2d 77· 9th Cir.· 1983-03-04 ·cited 20×
  Non-pecuniary losses, such as loss of society, are not recoverable under the Jones Act, and state wrongful death statutes are preempted by the Death on the High Seas Act on the high seas.