Contributory Negligence

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

• Marietta Goode v. Walt Disney World Co.
  425 So. 2d 1151· Fla. 5th DCA· 1982-12-22 ·cited 47×
  The court reversed a summary judgment in a wrongful death case involving a four-year-old who drowned in a moat at Walt Disney World. The trial court had found genuine issues of material fact regarding negligent design but granted summary judgment based on lack of evidence of caus
• Sohyde Drilling & Marine Co. & Sohyde Drilling & Exploration Co. v. Coastal States GAS Producing Co.
  644 F.2d 1132· 5th Cir.· 1981-05-14 ·cited 47×
  The court held that admiralty jurisdiction was improperly assumed because the incident lacked a substantial relationship to maritime activity, despite the use of a vessel on navigable waters.
• Evans v. S. Holding Corp. & Ins. Co. of N. Am.
  391 So. 2d 231· Fla. 3d DCA· 1980-11-25 ·cited 47×
  A landowner has no affirmative duty to maintain private property free of obstructions to preserve motorists' sightlines at public highway intersections, absent a statutory or ordinance violation or encroachment onto public property. Every highway user must exercise reasonable car
• Hassie Duran Howell v. Marmpegaso Compania Naviera
  536 F.2d 1032· 5th Cir.· 1976-08-09 ·cited 47×
  The court held that the jury's award of damages was excessive and directed the district court to require a remittitur or grant a new trial.
• City OF Coral Gables v. Jordan
  186 So. 2d 60· Fla. 3d DCA· 1966-05-03 ·cited 47×
  The City of Coral Gables appealed a $100,000 wrongful death judgment arising from a motor scooter collision caused by a police officer's negligent traffic direction. The appellate court reversed due to two reversible errors: the improper admission of evidence that the defendant h
• Terminal R. Ass'n of ST. Louis v. Fitzjohn
  165 F.2d 473· 8th Cir.· 1948-01-07 ·cited 47×
  The court held that the trial court did not err in instructing the jury that the plaintiff was an employee of the defendant under the Federal Employers' Liability Act and in submitting the question of the defendant's negligence and the plaintiff's contributory negligence to the j
• Atl. Peninsular Holding Co. v. August Oenbrink
  133 Fla. 325· Fla.· 1938-06-30 ·cited 47×
  The Florida Supreme Court affirmed a wrongful death judgment of $4,000 against the owner of an unfinished hotel where a 12-year-old boy died falling from a collapsed fourth-floor into an unguarded shaft. The court held that the dangerous, attractive condition of an unfinished bui
• Gosma v. Adams
  102 Fla. 305· Fla.· 1931-06-30 ·cited 47×
  In this automobile collision case, the Florida Supreme Court held that a driver attempting to pass another vehicle at a street intersection in violation of a municipal ordinance was guilty of contributory negligence per se, and therefore the lower court erred in not granting the
• Atl. Coast Line R.R. Co. v. McCormick
  59 Fla. 121· Fla.· 1910-01-01 ·cited 47×
  Mrs. McCormick was injured when she stepped into a hole in the waiting room floor of a railroad depot. The Florida Supreme Court reversed the judgment against the railroad companies because the trial court erroneously applied statutory provisions regarding presumptions of neglige
• Moore v. Lanier
  52 Fla. 353· Fla.· 1906-06-01 ·cited 47×
  In this negligence action arising from a gas explosion in a drugstore, the Florida Supreme Court held that a defendant who negligently installs gas piping is liable for all direct damages resulting from the escape of gas, even if the defendant is not responsible for the ignition
• Yolanda and Terrence Ballou v. Henri Studios, Inc.
  656 F.2d 1147· 5th Cir.· 1981-09-25 ·cited 46×
  The court held that the district court abused its discretion by excluding the results of a blood alcohol test based on credibility and prejudice concerns, and that chain of custody issues go to the weight, not admissibility, of evidence.
• Norwilton Murray v. Fairbanks Morse
  610 F.2d 149· 3d Cir.· 1979-11-29 ·cited 46×
  The court affirmed the judgment, holding that the Virgin Islands comparative negligence statute could be applied to strict products liability actions to reduce damages based on plaintiff's fault, and that the jury's damage award was not excessive.
• Clappier v. Flynn
  605 F.2d 519· 10th Cir.· 1979-09-04 ·cited 46×
  The court held that the trial court erred in submitting two separate verdict forms for negligence and civil rights violations when both claims sought the same compensatory damages, leading to a potential double recovery.
• Wilford Simien v. S. S. Kresge Co.
  566 F.2d 551· 5th Cir.· 1978-01-20 ·cited 46×
  The court held that the trial court erred in its jury instructions and in failing to submit a material issue of fact to the jury, and that there was insufficient evidence of a design defect to support the verdict.
• Muncie Aviation Corp. v. Party Doll Fleet, Inc.
  519 F.2d 1178· 5th Cir.· 1975-09-25 ·cited 46×
  Advisory materials published by a governmental agency, even without the force of law, are admissible as an exception to the hearsay rule if they are relevant to negligence and otherwise trustworthy.
• Seaboard Coast Line R.R. Co. v. United States
  473 F.2d 714· 5th Cir.· 1973-02-09 ·cited 46×
  The court held that the Federal Tort Claims Act allows liability for negligent performance of operational functions, even if related to a discretionary policy decision, and affirmed the lower court's award of damages.
• Kiner v. Lyla Lee Northcutt
  424 F.2d 222· 10th Cir.· 1970-03-30 ·cited 46×
  The court held that the physical facts and the defendant's statement that she looked but did not see the plaintiff's clearly visible car raised a permissible inference of negligence, and that contributory negligence was also a jury issue.
• Watson W. Markham v. Holt
  369 F.2d 940· 5th Cir.· 1966-12-13 ·cited 46×
  The court held that the trial court erred in granting summary judgment, as the issue of contributory negligence and lookout presented genuine issues of material fact for a jury to decide.
• Gustav Mortensen v. A/S Glittre
  348 F.2d 383· 2d Cir.· 1965-07-08 ·cited 46×
  The court held that the employer's breach of its warranty of workmanlike performance, due to its employee's negligence, entitled the shipowner to indemnification as a matter of law.
• Ballwanz v. Isthmian Lines, Inc.
  319 F.2d 457· 4th Cir.· 1963-06-05 ·cited 46×
  The court held that the jury's findings were inconsistent and the trial court erred in entering judgment for the defendant, as the ship owner's negligence, if any, was a proximate cause of the injury, and the jury instructions improperly diluted the doctrine of seaworthiness.
• Mrs. Clifford Raymond Schlichter v. Port Arthur Towing Co.
  288 F.2d 801· 5th Cir.· 1961-04-05 ·cited 46×
  The court held that the vessel owner was not liable for the seaman's death because the seaman's own actions, including intoxication and locking access doors, were the proximate cause of the unavailability of safety equipment and his subsequent drowning.
• Tyler v. Dowell, Inc.
  274 F.2d 890· 10th Cir.· 1960-01-14 ·cited 46×
  The court held that the trial court erred in refusing to give specific jury instructions on negligence and in admitting evidence of subsequent remedial measures for impeachment. The court also found that the insurance company's loan receipt did not make it the real party in inter
• Reddick v. McALLISTER Lighterage Line, Inc.
  258 F.2d 297· 2d Cir.· 1958-07-14 ·cited 46×
  The dissenting judge would hold the loading stevedore liable for indemnification, finding the evidence sufficient to establish a breach of its implied warranty of workmanlike service.
• Southport Transit Co. v. Avondale Marine Ways, Inc.
  234 F.2d 947· 5th Cir.· 1956-06-15 ·cited 46×
  The court held that the trial court erred in finding the shipyard's negligence was a mere condition and not a cause of the damage, and that the doctrine of avoidable consequences, not contributory negligence, applied to limit recovery.
• Peigh v. Baltimore & O. R. Co.
  204 F.2d 391· D.C. Cir.· 1953-04-09 ·cited 46×
  The court held that the trial court erred in directing a verdict for the defendant railroad, as both the issue of the railroad's negligence and the driver's contributory negligence presented questions of fact for the jury.
• United States v. Hull
  195 F.2d 64· 1st Cir.· 1952-03-19 ·cited 46×
  The United States can be held liable under the Federal Tort Claims Act for an employee's negligent omission, even if the employee would not be personally liable for nonfeasance under state law.
• Dulansky v. Iowa-Illinois GAS & Elec. Co.
  191 F.2d 881· 8th Cir.· 1951-10-25 ·cited 46×
  The court held that summary judgment was improperly granted because genuine issues of material fact remained regarding the defendant's negligence and the cause of the child's death.
• Erle L. Wirt v. Fraser
  158 Fla. 777· Fla.· 1947-04-25 ·cited 46×
  The court held that the trial court did not err in its rulings regarding the withdrawal of negligence, jury instructions, mistrial, evidence, and the excessiveness of the verdict.
• Pillet v. Ershick
  99 Fla. 483· Fla.· 1930-03-08 ·cited 46×
  Alexis Pillet appeals a judgment for J. D. Ershick, a pedestrian injured when Pillet's automobile struck him in a marked safety zone at a St. Petersburg street intersection. The Florida Supreme Court affirms, holding that drivers of motor vehicles owe pedestrians in marked safety
• Alverez v. J. RAY McDERMOTT & Co., Inc
  674 F.2d 1037· 5th Cir.· 1982-05-05 ·cited 45×
  The court held that the jury's special interrogatory answers were not inconsistent and that the damage award properly included maintenance and cure, already reduced for the plaintiff's contributory negligence.
• Lang v. Tex. & Pac. Ry. Co. & Missouri-Pacific R.R. Co.
  624 F.2d 1275· 5th Cir.· 1980-08-25 ·cited 45×
  The court held that the widow had capacity to sue after amendment and that sufficient evidence supported the jury's finding of negligence, but reversed and remanded for a new trial on damages due to the refusal of a jury instruction on income tax.
• Sleeman v. The Chesapeake & Ohio Ry. Co.
  414 F.2d 305· 6th Cir.· 1969-07-25 ·cited 45×
• Ahearn v. Fla. Power & Light Co.
  129 So. 2d 457· Fla. 2d DCA· 1961-04-26 ·cited 45×
  In this wrongful death case arising from electrocution by high-tension wires, the Florida District Court of Appeal reversed a directed verdict for Florida Power and Light Company, holding that the plaintiff established a prima facie case of negligence and that the issue of the de
• Alonzo v. Robbins
  103 So. 2d 658· Fla. 2d DCA· 1958-04-02 ·cited 45×
  In a negligence action arising from a vehicle collision, the trial court granted a directed verdict for the defendant after the plaintiff voluntarily took a nonsuit when the judge indicated he would rule against him. The appellate court reversed, holding that the plaintiff presen
• Chambers v. Southern Wholesale
  92 So. 2d 188· Fla.· 1956-10-24 ·cited 45×
  Josephine Chambers slipped on a puddle of water on a public sidewalk in front of her employer's store and sued for negligence. The Florida Supreme Court affirmed summary judgment for the defendants, holding that Chambers was guilty of contributory negligence as a matter of law be
• Lenora Gorman Smith v. Gen. Motors Corp.
  227 F.2d 210· 5th Cir.· 1955-11-25 ·cited 45×
  A plaintiff relying solely on circumstantial evidence must present a case where the evidence is not reasonably susceptible of two equally reasonable inferences, and the inference of causation must be probable, not merely possible.
• Matilda Norman v. Shulman
  150 Fla. 142· Fla.· 1942-03-24 ·cited 45×
  The Florida Supreme Court reversed a judgment for an apartment building tenant who was injured falling down unlit steps when leaving the building. The court held that property owners have no common-law duty to illuminate exterior approaches at night and that the plaintiff's own n
• Davis v. Cuesta
  146 Fla. 471· Fla.· 1941-03-25 ·cited 45×
  In this automobile collision case, the Florida Supreme Court affirmed the trial court's refusal to instruct the jury on the doctrine of "last clear chance." The court held that because the plaintiff's contributory negligence continued until the moment of collision, he was barred
• S. Ry. Co. v. Mann
  91 Fla. 948· Fla.· 1926-05-17 ·cited 45×
  Willie Mann sued Southern Railway Company for damages arising from a motorcycle collision with a train at a railroad crossing in Jacksonville. The Florida Supreme Court reversed the jury verdict of $5,000, holding that Southern Railway Company, as a lessee rather than owner/opera
• Town of DeFuniak Springs v. Perdue
  69 Fla. 326· Fla.· 1915-03-24 ·cited 45×
  This case involves a lawsuit by business partners Perdue & McDonald against the Town of DeFuniak Springs for negligence resulting in the death of two mules caused by a decayed bell tower that fell and knocked down electrified wires into a street. The Florida Supreme Court affirme
• Atl. Coast Line R.R. Co. v. Wallace
  61 Fla. 93· Fla.· 1911-01-01 ·cited 45×
  The Florida Supreme Court reversed a judgment against Atlantic Coast Line Railroad for injuries to Mary Wallace struck by a train at a railroad crossing in Live Oak. The court held that a jury cannot determine whether specific safety facilities like gates should have been maintai
• Ellingsworth v. Clark Chrysler and Carol Banning
  665 F.2d 180· 7th Cir.· 1981-12-01 ·cited 44×
  The court held that the district court abused its discretion in denying the motion to set aside the default judgment, as the defendants' failure to appear was due to excusable neglect and they had presented meritorious defenses.
• Lauro De Los Santos v. Scindia Steam Navigation Co., Ltd.
  598 F.2d 480· 9th Cir.· 1979-05-01 ·cited 44×
  A shipowner can be held liable for injuries to a longshoreman if the owner knew or should have known of a dangerous condition and failed to exercise reasonable care to protect the longshoreman.
• Reyes v. Mo. Pac. R.R. Co.
  589 F.2d 791· 5th Cir.· 1979-02-14 ·cited 44×
  The court held that prior misdemeanor convictions for public intoxication were inadmissible character evidence under Rule 404(a) and not admissible habit evidence under Rule 406.
• Vizzini v. Ford Motor Co. c/o C. T. Corp. Sys.
  569 F.2d 754· 3d Cir.· 1977-12-16 ·cited 44×
  The court held that evidence of a decedent's failure to use a seat belt is relevant to the apportionment of damages, even in a strict liability case, and should not be excluded.
• Cameron Smith by his next friend v. United States
  546 F.2d 872· 10th Cir.· 1976-12-27 ·cited 44×
  The court held that while the discretionary function exception did not bar the claim, the plaintiff's contributory negligence, supported by substantial evidence of his failure to exercise ordinary care given the obvious dangers, barred recovery.
• Fernandez v. Chios Shipping Co., Ltd.
  542 F.2d 145· 2d Cir.· 1976-09-16 ·cited 44×
  The court held that the Stevedore breached its warranty of workmanlike performance, the Time Charterer was contractually obligated to indemnify the Shipowner, and the Shipper was liable for negligence and latent defect in the pallet. All indemnity awards were affirmed.
• Skidmore v. Grueninger
  506 F.2d 716· 5th Cir.· 1975-01-20 ·cited 44×
  The court held that loss of consortium and society are compensable harms in maritime wrongful death actions, reversing the lower court's denial of such damages. It affirmed the lower court's findings on liability and contributory negligence.
• The 1661 Corp. v. Snyder
  267 So. 2d 362· Fla. 1st DCA· 1972-10-17 ·cited 44×
  The court held that a new trial should encompass all issues, not just damages, because the issue of liability, specifically contributory negligence, was sharply disputed and the jury's inadequate verdict may have resulted from a compromise on liability.
• Harris J. Doucet v. Wheless Drilling Co.
  467 F.2d 336· 5th Cir.· 1972-09-25 ·cited 44×
  The court held that a waiver of a jury demand in a Jones Act case could be treated as an election to proceed in admiralty, allowing for discretionary prejudgment interest, and affirmed the lower court's findings on seaman status and contributory negligence.