Contributory Negligence

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

• Germak v. Fla. E. Coast Ry. Co.
  95 Fla. 991· Fla.· 1928-05-30 ·cited 78×
  This case reviews a plaintiff's appeal after a jury found in favor of the defendant railroad company. The appellate court affirmed the lower court's decision, finding no reversible error in the trial proceedings, including the denial of additional closing argument time to the pla
• Hays v. Jefferson Cnty.
  668 F.2d 869· 6th Cir.· 1982-01-04 ·cited 77×
  The dissenting judges argue that the panel decision incorrectly applies standards for municipal liability under 42 U.S.C. § 1983 and the Fourteenth Amendment, particularly regarding 'failure to train' and the 'policy or custom' requirement.
• The Seaboard Air Line Ry. v. Smith
  53 Fla. 375· Fla.· 1907-01-01 ·cited 77×
  The Florida Supreme Court reversed a jury verdict for Sam Smith, a Black man injured by the Seaboard Air Line Railway, holding that the trial court committed multiple errors in jury instructions and evidentiary rulings that were calculated to mislead the jury and violated Florida
• Marlon A. James and Donald v. James
  133 So. 2d 297· Fla.· 1961-09-20 ·cited 76×
  The Florida Supreme Court reversed the District Court of Appeal's rejection of a last clear chance instruction in a pedestrian accident case, holding that the jury should have been allowed to consider whether the defendant driver had an opportunity to avoid striking the plaintiff
• Martin v. Stone
  51 So. 2d 33· Fla.· 1951-02-23 ·cited 76×
  The Florida Supreme Court reversed a trial court's order granting a new trial after a jury awarded damages to a plaintiff injured by a defendant's car. The appellate court found that the jury's verdict was supported by sufficient evidence and that the trial court's criticisms of
• Hart v. Held
  149 Fla. 33· Fla.· 1941-12-12 ·cited 76×
  In this automobile negligence case, the Florida Supreme Court reversed a trial court's order granting a new trial to defendant Pearl Held. The court held that when substantial competent evidence supports a jury verdict, a trial court lacks authority to set it aside based solely o
• Covington v. Seaboard Air Line Ry. Co.
  99 Fla. 1102· Fla.· 1930-05-15 ·cited 76×
  A minor injured when his father drove an automobile in front of an oncoming train sued the railroad for damages. The trial court granted a new trial after a jury verdict for the plaintiff, finding that the father's negligence in failing to observe the approaching train was the pr
• The Escambia Cnty. Elec. Light & Power Co. v. Sutherland
  61 Fla. 167· Fla.· 1911-01-01 ·cited 76×
  A widow sued an electric light company for negligently causing her husband's death through electrocution while he handled a lamp supplied with current in a factory. The Florida Supreme Court reversed the jury verdict for the widow, finding that contradictory jury instructions reg
• Louisville & Nashville R.R. Co. v. Yniestra
  21 Fla. 700· Fla.· 1886-01-01 ·cited 76×
  Annie E. Yniestra sued the Louisville and Nashville Railroad Company for wrongful death after her husband was killed by the company's locomotive while he walked on railroad tracks in a public street switch yard in Pensacola. The Florida Supreme Court reversed the jury verdict for
• Pickett v. City OF Jacksonville
  155 Fla. 439· Fla.· 1945-01-16 ·cited 75×
  The Florida Supreme Court reversed a demurrer dismissing a wrongful death claim brought by a mother against the City of Jacksonville for the drowning death of her twelve-year-old son at a municipal swimming pool. The court held that municipalities operating public bathing facilit
• Williams v. Sauls
  151 Fla. 270· Fla.· 1942-07-31 ·cited 75×
  A widow brought a negligence action for the death of her pedestrian husband struck by a taxi. The trial court refused to charge the jury on the 'last clear chance' doctrine, resulting in a verdict for the defendant. The Florida Supreme Court reversed, holding that the last clear
• Barnes v. Liebig
  146 Fla. 219· Fla.· 1941-02-25 ·cited 75×
  Three consolidated negligence actions arose from a multi-vehicle collision in Georgia where a Cadillac car, traveling at excessive speed, collided with a guard railing while attempting to pass a southbound bus, ultimately striking a Ford car. The Florida Supreme Court reversed di
• Mrs. Frances Buckley Ward v. The Hobart Mfg. Co.
  450 F.2d 1176· 5th Cir.· 1971-10-14 ·cited 74×
  The court held that the manufacturer of a meat grinder was not negligent in its design or in failing to warn of dangers, as the design met industry standards at the time of manufacture and the dangers were open and obvious.
• Allen Williams b/n/f Louise J. Smyre v. United States
  405 F.2d 234· 5th Cir.· 1968-12-23 ·cited 74×
  The court held that the mother's claim for loss of services, sought via amendment, should relate back to the original filing date, avoiding the statute of limitations, because the government had adequate notice.
• June T., Inc. v. King
  290 F.2d 404· 5th Cir.· 1961-05-02 ·cited 74×
  The court held that the evidence was sufficient to support the findings of unseaworthiness due to an insufficient crew and the awarded damages were not excessive.
• Raphael Klepper v. Breslin
  83 So. 2d 587· Fla.· 1955-10-19 ·cited 74×
  A father sued for damages from the death of his four-year-old son struck by a car driven by Alma Conway Breslin. The Florida Supreme Court upheld a jury verdict for the defendants, establishing that a father's wrongful death action under Florida law can be defeated by the mother'
• Hickory House, Inc. v. Brown
  77 So. 2d 249· Fla.· 1955-01-07 ·cited 74×
  Hickory House appeals a judgment awarding damages to Brown, an independent contractor's employee injured when an interior roof structure collapsed. The Florida Supreme Court reverses, holding that the property owner owed no duty to warn of latent defects the plaintiff, an experie
• Somerset Seafood Co. v. United States
  193 F.2d 631· 4th Cir.· 1951-12-19 ·cited 74×
  The court held that the United States was negligent in marking a wreck, and this negligence, combined with the vessel's faulty navigation, contributed to the sinking, requiring damages to be divided under maritime law.
• Fla. S. Ry. Co. v. Hirst
  30 Fla. 1· Fla.· 1892-06-01 ·cited 74×
  A passenger injured in a train collision sued the railroad for damages, but the trial court's instructions improperly allowed the jury to find the railroad liable despite the passenger's violation of a company rule prohibiting passengers from riding in the express car, which was
• Abernathy v. Superior Hardwoods, Inc.
  704 F.2d 963· 7th Cir.· 1983-04-05 ·cited 73×
  The court held that the jury's verdict was excessive because it lacked a rational connection to the evidence presented, particularly regarding lost earnings and future pain and suffering, and thus remanded for a new trial or remittitur.
• Fisher v. The Agios Nicolaos V
  628 F.2d 308· 5th Cir.· 1980-10-10 ·cited 73×
  The court held that the district court did not abuse its discretion in retaining jurisdiction, applying United States law, and that any errors in damage computation were harmless.
• DE Bardeleben Marine Corp. v. United States
  451 F.2d 140· 5th Cir.· 1971-09-08 ·cited 73×
  The Court held that the Government's duty as a cartographer terminates when a prudent mariner would have learned of corrected information through official notices, thus the Government was not liable for damages caused by an outdated chart if updated information was properly disse
• Brightwell v. Melville J. Beem and Glea Beem
  90 So. 2d 320· Fla.· 1956-07-25 ·cited 73×
  The Florida Supreme Court reversed a directed verdict in favor of amusement park operators who denied liability when a 15-year-old customer was permanently paralyzed after diving from a platform they had not designated for diving. The court held that whether the operators breache
• State Farm Mut. Auto. Ins. Co. v. Olsen
  406 So. 2d 1109· Fla.· 1981-11-25 ·cited 72×
  State Farm sought declaratory judgment that Illinois's contributory negligence law should bar recovery in an uninsured motorist claim arising from a fatal accident in Illinois involving a Florida resident. The Florida Supreme Court held that Illinois law controls under the "signi
• Cloud v. Fallis
  107 So. 2d 264· Fla. 2d DCA· 1958-06-27 ·cited 72×
  In a wrongful death case arising from a child struck by a car, the trial judge granted a motion for new trial after a jury verdict for the defendant, finding the verdict contrary to the manifest weight of evidence. The appellate court affirmed, holding that trial judges possess b
• Crawford v. Pope & Talbot, Inc.
  206 F.2d 784· 3d Cir.· 1953-09-03 ·cited 72×
  The court held that the Longshoremen's and Harbor Workers' Compensation Act bars claims for contribution against an employer but not claims for indemnity arising from contractual relationships. The court also found the vessel unseaworthy due to a defective lighting system, causin
• Goldin v. Lipkind
  49 So. 2d 539· Fla.· 1950-12-19 ·cited 72×
  The Florida Supreme Court reversed a lower court's dismissal of a hotel guest's negligence claim. The guest alleged she was injured by tripping over a mattress in a dark hallway, and the court found her complaint stated a valid cause of action.
• Metro. Dade Cnty. v. Dillon
  305 So. 2d 36· Fla. 3d DCA· 1974-12-10 ·cited 71×
  Metropolitan Dade County appeals a wrongful death judgment of $900,000 awarded to the parents of six-year-old Darlene Dillon, who was killed by a county garbage truck. The appellate court affirmed the judgment, finding substantial evidence of negligence and rejecting all eight po
• Knudsen v. Hanlon
  160 Fla. 566· Fla.· 1948-06-15 ·cited 71×
  The court held that the trial court did not abuse its discretion in granting a new trial based on an erroneous jury instruction regarding a guest's duty of care and insufficient evidence of joint adventure.
• Manning v. M/V "SEA Road"
  417 F.2d 603· 5th Cir.· 1969-10-16 ·cited 70×
  The court held that the shipowner's violation of a safety regulation, resulting in the vessel's unseaworthiness, was the proximate cause of the employee's injury.
• Laurice v. COX
  247 F.2d 629· 5th Cir.· 1957-08-08 ·cited 70×
  The court held that the exclusion of the shipmaster's report as an admission and the erroneous jury instructions regarding the seaman's duty to obey orders and select equipment constituted reversible error.
• The City of Key W. v. Baldwin
  69 Fla. 136· Fla.· 1915-02-09 ·cited 70×
  Catherine Baldwin sued the City of Key West for personal injuries sustained when she fell on a defective sidewalk on Duval Street that had a five-inch drop. The Florida Supreme Court affirmed the trial court's judgment for Baldwin, holding that the city has a duty to keep sidewal
• Petitions of The Kinsman Transit Co.
  338 F.2d 708· 2d Cir.· 1964-10-29 ·cited 69×
  The court held that while some damages were foreseeable and thus recoverable, damages resulting from the damming effect and subsequent flooding were too remote and unforeseeable to impose liability.
• Bess v. 17545 Collins Ave., Inc.
  98 So. 2d 490· Fla.· 1957-11-27 ·cited 69×
  A motel guest sued for injuries from tripping on a metal pipe on the motel's walkway. The trial judge entered summary judgment for the motel based solely on photographs shown during a pre-trial conference, but the Florida Supreme Court reversed, holding that genuine issues of mat
• Spessard L. Holland v. Mayes
  155 Fla. 129· Fla.· 1944-11-07 ·cited 69×
  A sheriff and his surety were held liable for the negligent death of a deputy constable killed during a nighttime apprehension attempt when another officer fired on the deputy in the dark, mistaking him for the suspect. The Florida Supreme Court reversed a directed verdict for th
• Ramsouer v. Midland Valley R. Co.
  135 F.2d 101· 8th Cir.· 1943-04-07 ·cited 69×
  The court held that the evidence presented a genuine issue of material fact regarding the defendant's negligence, making summary judgment improper.
• Brigham Young Univ. v. Lillywhite
  118 F.2d 836· 10th Cir.· 1941-01-17 ·cited 69×
  The dissenting opinion argues that the University, as a charitable institution, is immune from liability for the student's injuries, and that the instructor's alleged negligence was not the proximate cause of the accident.
• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc.
  678 So. 2d 1239· Fla.· 1996-06-27 ·cited 68×
  The Florida Supreme Court reviewed the constitutionality of the Medicaid Third-Party Liability Act of 1994, which creates an independent state cause of action to recover Medicaid expenditures from tortfeasors. The Court largely upheld the Act's facial constitutionality while stri
• Walt Disney World Co. v. Blalock
  640 So. 2d 1156· Fla. 5th DCA· 1994-07-01 ·cited 68×
  Walt Disney World appeals a jury verdict awarding $881,895 in damages for a child's thumb amputation at the Pirates of the Caribbean attraction. The court reversed and remanded for a new trial due to plaintiff's counsel's inflammatory closing argument containing personal opinions
• Taylor v. Burlington N. R.R. Co.
  787 F.2d 1309· 9th Cir.· 1986-04-18 ·cited 68×
  The court held that the trial court erred in refusing to instruct the jury on comparative negligence, requiring a new trial. However, other evidentiary and instructional rulings were affirmed.
• Farmers Co-Operative Elevator Ass'n Non-Stock OF BIG Springs v. Strand
  382 F.2d 224· 8th Cir.· 1967-07-25 ·cited 68×
  The court held that the trial court did not commit prejudicial error in denying the defendant's motions for directed verdict and judgment n.o.v., in refusing assumption of risk instructions, and in denying the Rule 60(b) motion.
• Haynes v. Rederi A/S Aladdin
  362 F.2d 345· 5th Cir.· 1966-06-16 ·cited 68×
  The court held that the compensation insurer is entitled to full reimbursement from the total recovery obtained by the injured workman from a third party, and that attorney fees are not awardable from the insurer's recovery in this case.
• Parfait v. Jahncke Serv., Inc.
  484 F.2d 296· 5th Cir.· 1973-08-31 ·cited 67×
  The court held that the shipowner was entitled to indemnity from the contractor under the Ryan doctrine, but reversed the lower court's findings regarding coverage under both insurance policies, finding neither policy covered the contractor's indemnity obligation.
• Mullis v. City of Miami
  60 So.2d 174· Fla.· 1952-08-01 ·cited 67×
  The Supreme Court of Florida reversed a judgment of non-suit, holding that the trial court erred in directing a verdict for the City of Miami. The court found sufficient evidence of the city's negligence and error in excluding evidence related to the wife's earning capacity.
• Hyde v. Chevron U.S.A., Inc.
  697 F.2d 614· 5th Cir.· 1983-02-07 ·cited 66×
  The court held that a defective staircase on an offshore platform constitutes a 'ruin' under Louisiana Civil Code Article 2322, making the owner strictly liable for injuries caused by its collapse. It also held that under recent Louisiana Supreme Court precedent, a plaintiff's co
• Travelers Ins. Co. v. Busy Elec. Co.
  294 F.2d 139· 5th Cir.· 1961-07-17 ·cited 66×
  The judgment before the court is not a final judgment and therefore not appealable.
• Rodi v. Fla. Greyhound Lines, Inc.
  62 So. 2d 355· Fla.· 1952-12-22 ·cited 66×
  The Florida Supreme Court reversed a directed verdict for a bus company in a personal injury action, holding that the trial judge erred in removing from the jury questions regarding the bus driver's negligence in failing to deploy safety flares and the plaintiff's comparative neg
• New Amsterdam Cas. Co. v. Soileau
  167 F.2d 767· 5th Cir.· 1948-05-07 ·cited 66×
  The court held that the insurer is liable for the minor's injuries because his employment violated Louisiana child labor laws, rendering the policy exclusion for employees inapplicable, and that interest should accrue from the date of judicial demand.
• Co-operative Sanitary Baking Co. v. Shields
  71 Fla. 110· Fla.· 1916-02-05 ·cited 66×
  A bakery worker sued his employer for injuries caused by a machine accident, claiming negligence. The Florida Supreme Court reversed the jury verdict for the plaintiff, holding that the plaintiff's own negligence—specifically, his assumption that an ambiguous order to "clean the
• Loffland Bros. Co. v. Roberts
  386 F.2d 540· 5th Cir.· 1967-08-09 ·cited 65×