Evidence Of Negligence

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

• Brackin v. Boles
  452 So. 2d 540· Fla.· 1984-06-14 ·cited 90×
  The Florida Supreme Court held that blood alcohol test results are admissible in civil trials regardless of whether the test was performed for accident investigation or criminal investigation purposes, reversing prior precedent. The Court also clarified that violations of driver'
• Marshall v. Isthmian Lines, Inc.
  334 F.2d 131· 5th Cir.· 1964-07-08 ·cited 79×
• Fla. Dep't OF Corr. v. Abril
  969 So. 2d 201· Fla.· 2007-10-18 ·cited 64×
  The Florida Supreme Court holds that the impact rule—which generally bars emotional distress damages absent physical injury—does not apply to negligence claims arising from a healthcare provider's breach of statutory duty to maintain confidentiality of HIV test results. The court
• Melena Bennett and Harry Bennett v. Mattison
  382 So. 2d 873· Fla. 1st DCA· 1980-04-24 ·cited 59×
  In this slip and fall premises liability case, the trial court directed a verdict for the apartment owners despite evidence that they had been repeatedly warned the hallway was slippery when wet and that water regularly accumulated there. The appellate court reversed, holding tha
• FOX v. Ford Motor Co.
  575 F.2d 774· 10th Cir.· 1978-04-13 ·cited 48×
  The dissenting judge would hold that the trial court erred in instructing the jury on the crashworthiness doctrine and in its damages instruction, arguing that the Supreme Court of Wyoming had not adopted the doctrine and the damages instruction constituted plain error.
• Whetzel v. Jess Fisher Mgmt. Co.
  282 F.2d 943· D.C. Cir.· 1960-07-14 ·cited 42×
• Mem'l Park, Inc. v. Spinelli
  342 So. 2d 829· Fla. 2d DCA· 1977-02-11 ·cited 37×
  Memorial Park, Inc. appeals a $200,000 wrongful death judgment for a fatal motorcycle collision caused when Mrs. Knupfer's vehicle emerged from the cemetery's driveway into traffic. The court reversed, holding that the Nativity sign's placement violated no statute applicable to t
• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence
  35 So. 3d 666· Fla.· 2010-03-04 ·cited 35×
  In a probate proceeding concerning a petition for the administration of a lost will, the appellate court affirmed the trial court's summary judgment, finding that the lost will was invalid due to improper execution formalities.
• Menard v. O'Malley
  327 So. 2d 905· Fla. 3d DCA· 1976-02-10 ·cited 34×
  A pedestrian struck by a truck while crossing a highway appealed a jury verdict in favor of the defendant-truck driver. The appellate court reversed and remanded because the trial court erred in refusing to instruct the jury on Florida's statute limiting vehicle width, which evid
• Joanette R. Lindsey and Robert L. Lindsey v. Bill Arflin Bonding Agency Inc.
  645 So. 2d 565· Fla. 1st DCA· 1994-11-18 ·cited 29×
  The court reversed a summary judgment dismissing a negligence claim against a building owner and bonding agency after the plaintiff slipped and fell on wet steps lacking handrails. The court held that whether the absence of handrails constituted a breach of the duty of ordinary c
• Winemiller v. Feddish
  568 So. 2d 483· Fla. 4th DCA· 1990-10-10 ·cited 26×
  Winemiller appealed a judgment against her in a personal injury action, arguing that the trial court erred in excluding evidence of a municipal ordinance violation. The appellate court agreed that the ordinance prohibited both placement and maintenance of hazards in the swale, re
• Winn Dixie Stores, Inc. v. Gaines
  542 So. 2d 432· Fla. 4th DCA· 1989-04-26 ·cited 24×
  In this slip-and-fall case, the Fourth District Court of Appeal reversed a jury verdict for the plaintiff and remanded for entry of a directed verdict for Winn Dixie. The court held that the plaintiff failed to present sufficient evidence of negligence because the circumstantial
• Steinberg v. Lomenick
  531 So. 2d 199· Fla. 3d DCA· 1988-08-09 ·cited 24×
  Parents of a minor appealed a jury verdict finding a school not negligent for inadequate playground supervision after their son fell from a tree. The court affirmed, holding that while a school's internal safety rules are admissible as evidence of the standard of care, violation
• The Fid. & Cas. Co. OF NEW York & Gen. Accident Fire & Life Assurance Corp., Ltd. v. J. A. Jones Constr. Co.
  325 F.2d 605· 8th Cir.· 1963-12-26 ·cited 24×
  The court held that where both parties are found to be actively negligent and owe similar duties to the injured party, neither is entitled to indemnity, even if one's negligence was greater.
• Barclay v. Burlington N., Inc.
  536 F.2d 263· 8th Cir.· 1976-06-08 ·cited 22×
  The court held that there was sufficient evidence to submit the issue of the railroad's negligence regarding warnings to the jury and that the decedent was not contributorily negligent as a matter of law. The admission of evidence concerning the violation of a speed limit ordinan
• McARTHUR v. ST. Louis-San Francisco Ry. Co.
  306 So. 2d 575· Fla. 1st DCA· 1975-01-08 ·cited 20×
  In a wrongful death action arising from a highway grade-crossing collision, the court affirmed the jury's verdict for the railroad. The court rejected the railroad's statute of limitations defense, held that jury instructions regarding a traffic statute were erroneous but harmles
• Greene v. Werven
  275 F.2d 134· 8th Cir.· 1960-02-19 ·cited 20×
  The court held that the evidence was sufficient to support the jury's verdicts regarding the adequacy of the brakes and the issues of lookout and right-of-way, and that the trial court did not err in denying the motions for directed verdict or judgment notwithstanding the verdict
• Schulte v. Gold
  360 So. 2d 428· Fla. 3d DCA· 1978-06-06 ·cited 19×
  Hotel owners appealed a jury verdict awarding damages to a guest who fell on exterior steps, arguing the trial court erred in instructing the jury that violation of a Florida statute requiring proper lighting constitutes negligence per se. The court reversed, holding that violati
• Labbee v. Roadway Express, Inc.
  469 F.2d 169· 8th Cir.· 1972-11-09 ·cited 19×
  The court held that the trial court did not err in refusing jury instructions regarding a federal safety regulation because there was no evidence of a causal connection between the alleged violation and the collision. The court also found the voir dire and evidentiary rulings wer
• Chevron U.S.A., Inc. v. Forbes
  783 So. 2d 1215· Fla. 4th DCA· 2001-05-02 ·cited 18×
  In this slip-and-fall premises liability case, the Fourth District Court of Appeal reversed a judgment against Chevron, holding that the trial court erred in instructing the jury that violation of Florida Statute 526.141 (governing self-service gas stations) constitutes negligenc
• Swift v. United States
  866 F.2d 507· 1st Cir.· 1989-01-20 ·cited 18×
  The court held that the district court erred in determining as a matter of law that the violation of Mass.Gen.L. ch. 138, § 69 was not the proximate cause of the accident, as causation is typically a question of fact.
• E. Hampton Dewitt Corp. & Gen. Accident Fire & Life Assurance Corp. v. State Farm Mut. Auto. Ins. Co.
  490 F.2d 1234· 2d Cir.· 1973-12-28 ·cited 16×
  The court held that the alleged faulty construction of the building was a proper issue for the jury and that the jury instructions regarding the effect of such construction on the defendant's liability were not reversible error. The court also found that the trial judge properly
• Jackson v. Harsco Corp.
  364 So. 2d 808· Fla. 3d DCA· 1978-11-14 ·cited 15×
  A regulation promulgated under Florida's workmen's compensation statute applies only to employer-employee relationships and cannot impose negligence per se liability on a vendor or lessor of scaffolding who is not an employer.
• Jupiter Inlet Corp. & Jupiter Inlet Ltd. P'ship # 1 v. Marguarita Brocard
  538 So. 2d 857· Fla. 4th DCA· 1988-08-24 ·cited 14×
  Jupiter Inlet Corporation appealed a jury verdict awarding $670,500 in damages to the estate of George Brocard, a worker who died falling from an unprotected roof during condominium construction. The court addressed whether OSHA regulations constitute evidence of negligence and r
• Romero v. Nat'l Rifle Ass'n of Am., Inc.
  749 F.2d 77· D.C. Cir.· 1984-12-11 ·cited 14×
  The court held that the NRA was not liable for the decedent's death as the chain of events was too extraordinary and unforeseeable, and that the defendant Lowe was not liable for negligence per se due to a violation of the Firearms Act, as the statute's purpose did not clearly ex
• Robinson v. Gerard
  611 So. 2d 605· Fla. 1st DCA· 1993-01-11 ·cited 12×
  In this personal injury case arising from a multi-vehicle collision on the Fuller Warren Bridge, the appellate court reversed the jury verdict in favor of defendants and remanded for a new trial, holding that the trial court erred by refusing to give jury instructions on violatio
• Seaboard Coast Line R.R. Co. v. Clark
  491 So. 2d 1196· Fla. 4th DCA· 1986-07-16 ·cited 12×
  Seaboard Coast Line Railroad appeals from a trial court's order granting a new trial in a wrongful death case involving a train-pedestrian collision. The court held that the trial judge did not abuse its discretion in granting the new trial because the failure to instruct the jur
• Solomon C. Curtis v. Dist. OF Columbia
  363 F.2d 973· D.C. Cir.· 1966-02-01 ·cited 12×
  The court held that a regulation, though not directly applicable, was admissible as evidence of an official declaration defining an element of due care required of property owners and the municipality.
• NEW Amsterdam Cas. Co. v. Novick Transfer Co., Inc.
  274 F.2d 916· 4th Cir.· 1960-01-06 ·cited 12×
  The court held that the trial court did not err in refusing to instruct the jury that a violation of the ICC Regulation was negligence per se, as Maryland law treats such violations as evidence of negligence for the jury to consider.
• Morowitz v. Vistaview Apts., Ltd.
  613 So. 2d 493· Fla. 3d DCA· 1993-01-05 ·cited 10×
  The appellate court reversed a jury verdict for the defendant in a slip and fall case, finding that the trial court erred in admitting the plaintiff's psychiatrist's deposition testimony.
• Perkinson v. Gilbert/Robinson, Inc.
  821 F.2d 686· D.C. Cir.· 1987-06-19 ·cited 10×
  The court held that the district court did not abuse its discretion in awarding sanctions for discovery abuse, but erred in its jury instructions regarding negligence per se and contributory negligence.
• Walt Disney World Co. & Ins. Co. of N. Am. v. Merritt
  404 So. 2d 1077· Fla. 5th DCA· 1981-08-26 ·cited 10×
  Walt Disney World appealed a personal injury judgment where a restaurant patron was injured while moving chairs to create an egress pathway. The court affirmed the judgment, finding sufficient evidence supported the jury instruction on State Fire Marshal regulations and that the
• Ries v. Nat'l R.R. Passenger Corp.
  960 F.2d 1156· 3d Cir.· 1992-03-31 ·cited 9×
  The court held that the plain meaning of OSHA, 29 U.S.C. § 653(b)(4), precludes a finding of negligence per se and the admission of OSHA standards as evidence of negligence in a FELA action.
• ST. Louis-San Francisco Ry. Co. & Robert Martin v. White
  369 So. 2d 1007· Fla. 1st DCA· 1979-04-19 ·cited 9×
  A railroad company appeals a $280,000 wrongful death judgment awarded to the minor children of a man killed in a grade crossing accident, challenging the admission of evidence regarding the railroad's speed limits, the jury instructions on statutory and industry safety standard v
• Russ v. Wollheim
  915 So. 2d 1285· Fla. 2d DCA· 2005-12-21 ·cited 8×
  A landlord who retains the right to approve or control alterations to leased premises cannot invoke caveat lessee as a complete bar to premises liability; summary judgment was improper because the Wollheims retained a possessory interest in the property and the construction pre-d
• Maximillion A. Florio v. ENG
  879 So. 2d 678· Fla. 4th DCA· 2004-08-11 ·cited 8×
  The court held that the trial court erred in denying a jury instruction on the statute governing passing on the right when the evidence supported the plaintiff's theory of the case.
• Eaton Constr. Co. v. Edwards
  617 So. 2d 858· Fla. 5th DCA· 1993-05-07 ·cited 8×
  Eaton Construction Company appeals the denial of its motion for new trial in a wrongful death case involving a vehicle theft and high-speed chase. The court reverses because the trial court erroneously instructed the jury that violation of section 316.1975 (unattended motor vehic
• Pedro Nieves deJESUS v. Seaboard Coast Line R.R. Co.
  281 So. 2d 198· Fla.· 1973-06-06 ·cited 8×
  The Florida Supreme Court held that a railroad's violation of a statute requiring lighted warning devices on trains blocking highways at night constitutes negligence per se, reversing the District Court of Appeal's contrary ruling and reinstating the jury verdict for the plaintif
• Baldridge v. Hatcher
  266 So. 2d 112· Fla. 2d DCA· 1972-07-19 ·cited 8×
  A 14-year-old boy suffered a broken finger while operating dangerous garbage compression machinery in violation of Florida's child labor statute. The court held that violation of the statute imposing strict liability on employers, not mere negligence, and reversed the trial court
• Seaboard Coast Line R.R. Co. v. Pedro Nieves deJESUS
  266 So. 2d 108· Fla. 2d DCA· 1972-07-19 ·cited 8×
  The Second District Court of Appeal reversed a judgment against a railroad in a negligence case involving a parked tank car blocking a highway crossing without warning lights. The court held that violation of a statute should be treated as evidence of negligence for jury consider
• Enis v. Ba-Call Bldg. Corp.
  639 F.2d 359· 7th Cir.· 1980-09-22 ·cited 6×
  The court held that the landlord's violation of a heating ordinance could constitute negligence, and the foreseeability of injury from alternative heating methods and proximate cause were jury questions.
• Johnson v. Baltimore & Ohio R.R. Co.
  528 F.2d 1313· 7th Cir.· 1976-01-07 ·cited 6×
  The court held that there was sufficient evidence to support the jury's verdicts regarding negligence and contributory negligence, and that the jury instructions were proper.
• J. Clifton Lingle, M.D. v. Dion
  776 So. 2d 1073· Fla. 4th DCA· 2001-02-07 ·cited 5×
  In this medical malpractice appeal, the Fourth District Court of Appeal reversed and remanded for a new trial after finding that the trial court erred by allowing testimony about the defendant physician's peer review process and by instructing the jury that lack of hospital staff
• Szilagyi v. N. Fla. Hotel Corp.
  610 So. 2d 1319· Fla. 1st DCA· 1992-12-22 ·cited 5×
  The Szilagyis appealed a judgment in favor of a hotel and elevator company after Mr. Szilagyi was injured when an elevator suddenly stopped between floors. The appellate court affirmed the trial court's decision, holding that despite the applicability of negligence per se doctrin
• Williams v. Nat'l Freight, Inc.
  455 F. Supp. 2d 1335· M.D. Fla.· 2006-10-05 ·cited 4×
  The court held that a negligence claim based on a trailer floor collapse is sufficiently pleaded, but a product liability claim is not, and the employer is not a necessary party for joinder.
• Eckelbarger v. Frank
  732 So. 2d 433· Fla. 2d DCA· 1999-04-30 ·cited 4×
  The court reversed a trial court ruling that imposed strict liability on homeowners for a child's drowning in their pool based on violation of a Polk County pool safety ordinance. The court held that the ordinance establishes negligence per se rather than strict liability, allowi
• Brogdon v. Sol Brown & Fireman's Fund Ins. Co.
  505 So. 2d 19· Fla. 3d DCA· 1987-04-07 ·cited 4×
  Alvin Brogdon was injured falling into an unguarded stairwell at a construction site and sued Sol Brown for negligence. The trial court refused to give a negligence per se instruction based on building code violations, instructing the jury instead that the violations were merely
• Elwyn Bell, Jr. v. Harland Rayvals Transp., Ltd.
  501 So. 2d 1321· Fla. 4th DCA· 1986-12-31 ·cited 4×
  The court held that while generally fees for litigating attorneys' fees are recoverable, in this case, due to unique circumstances and the policy of finality, fees for work done after the local rule's deadline for filing a fee motion were not recoverable.
• Duty v. E. Coast Tender Serv., Inc.
  660 F.2d 933· 4th Cir.· 1981-01-23 ·cited 4×
  The court should affirm the district court's ruling, as the negligence per se rule does not apply to licensing statutes.
• In re Standard Jury Instructions (Civil Cases 88-3)
  540 So. 2d 825· Fla.· 1989-03-09 ·cited 3×
  The Florida Supreme Court approved proposed amendments to Florida Standard Jury Instructions (Civil) to implement provisions of the 1986 Tort Reform Act, particularly regarding apportionment of damages by fault in civil cases. The amendments modify instructions on punitive damage