Exculpatory Clause

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

• Seger v. The United States
  469 F.2d 292· Ct. Cl.· 1972-11-10 ·cited 18×
  The court held that the administrative record contained substantial evidence supporting the Board of Contract Appeals' findings, denying the subcontractor's claims for extra work and delay costs.
• Fojtasek v. NCL (Bahamas) Ltd.
  613 F. Supp. 2d 1351· S.D. Fla.· 2009-05-11 ·cited 17×
  The court granted in part and denied in part the motion to dismiss, dismissing several counts but allowing others to proceed. The Death on the High Seas Act does not apply, and the defendant cannot contractually limit liability for its own negligence.
• Honeywell, Inc. v. Trend Coin Co.
  449 So. 2d 876· Fla. 3d DCA· 1984-04-03 ·cited 17×
  The court held that the trial court erred in excluding expert testimony regarding the value of stolen merchandise and in awarding prejudgment interest on an unliquidated claim.
• Tatman v. Space Coast Kennel Club, Inc.
  27 So. 3d 108· Fla. 5th DCA· 2009-12-31 ·cited 16×
  Marie Tatman was bitten by a dog at a kennel club dog show and sued for negligence. The kennel club relied on an exculpatory clause in the dog entry form to seek summary judgment. The appellate court reversed, holding the exculpatory clause was ambiguous and therefore unenforceab
• City OF Miami v. Cisneros
  662 So. 2d 1272· Fla. 3d DCA· 1995-09-13 ·cited 16×
  The City of Miami appeals a negligence judgment against it for injuries sustained by an 11-year-old football player. The court affirms, holding that while participation in contact sports may constitute assumption of inherent risks, it does not shield a coach from liability for ne
• Banfield v. Songea Louis
  589 So. 2d 441· Fla. 4th DCA· 1991-11-20 ·cited 16×
  Susan Banfield sued the sponsors, organizers, and promoters of a triathlon after being struck by a motor vehicle during the Fort Lauderdale race, claiming negligence. The trial court granted summary judgment in favor of all defendants except the driver, holding that the waiver Ba
• Kolentus v. Avco Corp. & Avco Precision Prods. Div.
  798 F.2d 949· 7th Cir.· 1986-08-05 ·cited 16×
  The court held that Avco was entitled to terminate the pension plans and cease contributions based on the express provisions of the pension agreements, and that the plaintiffs' claims for promissory estoppel and unjust enrichment failed.
• Sniffen v. Century Nat'l Bank OF Broward
  375 So. 2d 892· Fla. 4th DCA· 1979-10-17 ·cited 16×
  An exculpatory clause in a safety deposit box rental agreement cannot negate the bank's specific contractual undertaking to restrict access to the box.
• Renz v. Lyman A. Beeman and Mary H. Beeman
  589 F.2d 735· 2d Cir.· 1978-11-16 ·cited 16×
  The court affirmed the trial court's decision, finding no proof of corporate mismanagement or fraudulent concealment regarding a stock purchase.
• Black Warrior Elec. Membership Corp. v. Miss. Power Co.
  413 F.2d 1221· 5th Cir.· 1969-07-03 ·cited 16×
  The court held that the indemnity provision in the contract between Black Warrior and Mississippi Power requires Mississippi Power to indemnify Black Warrior for the consequences of Black Warrior's own negligence.
• Nw. Airlines, Inc. v. Alaska Airlines, Inc.
  351 F.2d 253· 9th Cir.· 1965-09-27 ·cited 16×
  An exculpatory and indemnity provision in a contract for the use of a public airport is unenforceable if it attempts to shield a party from liability for its own negligence, as it violates public policy.
• Jacksonville Port Auth. v. Parkhill-Goodloe Co., Inc.
  362 So. 2d 1009· Fla. 1st DCA· 1978-10-03 ·cited 15×
  Jacksonville Port Authority appealed a judgment finding it liable for damages incurred by dredging contractor Parkhill-Goodloe when the contractor encountered extensive rock formations not disclosed by the Port Authority during bidding. The court affirmed, holding that the Port A
• Cruz v. Cingular Wireless, LLC
  648 F.3d 1205· 11th Cir.· 2011-08-11 ·cited 14×
  Customers of AT&T Mobility sued to pursue consumer fraud claims as a class action despite signing arbitration agreements containing class action waivers. The district court enforced the arbitration agreement and compelled individual arbitration. The Eleventh Circuit affirmed, hol
• Latin Am. Prop. & Cas. Ins. Co. v. Hi-Lift Marina, Inc.
  887 F.2d 1477· 11th Cir.· 1989-11-13 ·cited 14×
  The court held that the district court lacked admiralty jurisdiction because the fire at the marina did not have a sufficient nexus to traditional maritime activity.
• Berwind Corp. v. Litton Indus., Inc.
  532 F.2d 1· 7th Cir.· 1976-02-26 ·cited 14×
  An exculpatory clause in a commercial contract, located within a warranty section and lacking specific mention of negligence, does not clearly and unequivocally limit liability for the seller's negligence under Illinois law.
• Fuentes v. Owen
  310 So. 2d 458· Fla. 3d DCA· 1975-04-08 ·cited 14×
  A tenant sued his landlord and the landlord's resident manager for assault and battery, wrongful eviction, and conversion after being beaten by the manager during a disputed eviction. The trial court dismissed the complaint based on an exculpatory clause in the lease, but the app
• Rash v. The United States
  360 F.2d 940· Ct. Cl.· 1966-05-13 ·cited 14×
  The court held that the defendant's failure to promptly rescind the contract upon discovery of a mutual mistake, when reformation was not feasible, entitled the plaintiff to damages.
• Blaney v. Fla. Nat'l Bank AT Orlando
  357 F.2d 27· 5th Cir.· 1966-03-07 ·cited 14×
  The court held that the plaintiffs' complaint did not state a federal cause of action, as the relevant banking regulation did not imply a private right of action.
• Blount Bros. Constr. Co. v. The United States
  348 F.2d 471· Ct. Cl.· 1965-07-16 ·cited 14×
  The court held that the Severin doctrine does not bar a prime contractor's claim for subcontractor damages when the claim arises from a contractual provision for equitable adjustment, rather than a breach of contract. The court found that the exchange of correspondence constitute
• Harbor ONE, Inc. v. Preston
  172 So. 2d 478· Fla. 3d DCA· 1965-03-09 ·cited 14×
  Harbor One and Breuil Boat Co. left a yacht with Preston for sale under a bailment agreement. The yacht was stolen, and Preston relied on a printed contract clause waiving liability for theft. The court held the waiver clause was ambiguous and unenforceable, affirming judgment fo
• Govero v. Standard Oil Co.
  192 F.2d 962· 8th Cir.· 1951-12-17 ·cited 14×
  A lease covenant relieving the lessor from liability for loss or damage, even if caused in whole or in part by the lessor's negligence, is valid and bars the lessee's claim for injuries resulting from the lessor's pre-lease negligence.
• Greater Orlando Aviation Auth. v. Bulldog Airlines, Inc.
  705 So. 2d 120· Fla. 5th DCA· 1998-01-23 ·cited 13×
  Bulldog Airlines sued Greater Orlando Aviation Authority for damages caused by debris from an airport construction project, claiming negligence, breach of contract, and third-party beneficiary status. The appellate court reversed the jury verdict, holding that the Space and Use A
• Deboer v. Fla. Offroaders Driver's Ass'n, Inc.
  622 So. 2d 1134· Fla. 5th DCA· 1993-08-13 ·cited 13×
  A personal representative of a spectator who was killed at an off-road racing event challenged a summary judgment dismissing the wrongful death claim based on a signed release and waiver. The court affirmed the summary judgment, holding that the release was sufficiently clear and
• Cont'l Video Corp. v. Honeywell, Inc.
  422 So. 2d 35· Fla. 3d DCA· 1982-10-12 ·cited 13×
  An exculpatory clause in a burglar alarm service contract that limits liability and includes a liquidated damages cap is valid and enforceable despite claims of unequal bargaining power or public policy violations.
• United States v. Croft-Mullins Elec. Co., Inc.
  333 F.2d 772· 5th Cir.· 1964-06-19 ·cited 13×
  The court held that the contract did not contain an express or implied promise by the Government to furnish needed materials at a specific time, and thus the contractor's losses were not compensable.
• Michael James Covert, M.D. v. S. Fla. Stadium Corp.
  762 So. 2d 938· Fla. 3d DCA· 2000-05-17 ·cited 12×
  Michael James Covert sued South Florida Stadium Corp. for injuries sustained when intoxicated fans attacked him at Pro Player Stadium, claiming an exculpatory clause in his season ticket contract was unenforceable. The court reversed the trial court's judgment on the pleadings, f
• Orduna S.A. v. Zen-Noh Grain Corp.
  913 F.2d 1149· 5th Cir.· 1990-10-05 ·cited 12×
  A charter party's safe berth clause imposes a duty of due diligence on the charterer to select a safe berth, not a warranty of safety. The district court abused its discretion in denying prejudgment interest.
• Kerr-McGEE Corp. v. William E. LAW
  479 F.2d 61· 4th Cir.· 1973-06-07 ·cited 12×
  The owner of a vessel under a demise charter is not liable for cargo damage caused by unseaworthiness or negligence that arises after the charter begins, and an exculpatory clause in the transportation agreement can shield the vessel from liability.
• Standard Ins. Co. of N.Y. v. Ashland OIL & Ref. Co.
  186 F.2d 44· 10th Cir.· 1950-12-22 ·cited 12×
  A contract provision stating that a party performs 'at his risk, cost and expense' is not sufficiently clear and unambiguous to relieve that party from liability for damages caused by its own negligence.
• UCF Athletics Ass'n Inc. v. Enock Plancher as Personal
  121 So. 3d 1097· Fla. 5th DCA· 2013-08-16 ·cited 11×
  UCF Athletics Association, a direct-support organization created by UCF to administer its athletics department, appeals a $10 million negligence judgment arising from the death of student-athlete Ereck Plancher during football practice. The court upheld the trial court's finding
• The HERTZ Corp. v. David Klein Mfg., Inc.
  636 So. 2d 189· Fla. 3d DCA· 1994-05-03 ·cited 11×
  Hertz Corporation appealed a judgment awarding David Klein Manufacturing $98,000 in damages for a stolen jewelry sample case left on Hertz's premises. The court affirmed, holding that Hertz's exculpatory clause in its rental agreement was unenforceable because it did not clearly
• Toole v. United States
  588 F.2d 403· 3d Cir.· 1978-12-04 ·cited 11×
  The United States is liable under the Federal Tort Claims Act for the death of an independent contractor's employee when the government had superior knowledge of a specific danger and failed to warn the contractor or employee.
• Give Kids THE World, Inc. v. Sanislo
  98 So. 3d 759· Fla. 5th DCA· 2012-10-12 ·cited 10×
  Give Kids the World, Inc. appeals a negligence judgment, arguing that signed liability releases should have barred the plaintiffs' negligence claim arising from a wheelchair lift collapse. The Fifth District Court of Appeal reversed, holding that the release language was clear an
• In re Jones v. Wilson Indus.
  804 F.2d 1133· 10th Cir.· 1986-11-05 ·cited 10×
  The court held that the bankruptcy court had jurisdiction, the exculpatory clause was void against public policy, and Wilson was not entitled to a credit for settlements made in contract actions.
• Kellums v. Freight Sales Ctrs., Inc.
  467 So. 2d 816· Fla. 5th DCA· 1985-04-25 ·cited 10×
  A release signed by an employee authorizing investigation of their background does not absolve a former employer from liability for intentional slander.
• The Mead Corp. v. McNALLY-Pittsburg Mfg. Corp.
  654 F.2d 1197· 6th Cir.· 1981-07-22 ·cited 10×
  The court held that the defendant successfully limited its liability for consequential damages and excess magnetite loss through exculpatory clauses in its offer, but affirmed the jury's award because the parties' trial tactics and lack of special interrogatories made it impossib
• Jamison v. Johnson
  420 F.2d 787· 3d Cir.· 1970-02-02 ·cited 10×
  An indemnity agreement is unenforceable if it conflicts with a statutory public policy designed to protect public safety.
• Langford v. Shamburger
  392 F.2d 939· 5th Cir.· 1968-04-10 ·cited 10×
  Trustees' estates are liable for interest on trust funds commingled with personal accounts or improperly withheld, as such actions constitute self-dealing and a breach of fiduciary duty, regardless of exculpatory clauses or jury findings of no benefit.
• Ozark DAM Constructors v. United States
  288 F.2d 913· Ct. Cl.· 1961-04-07 ·cited 10×
  The dissenting judge believes the defendant's wilful neglect and failure to act during a railroad strike caused delays, entitling plaintiffs to an equitable adjustment of the contract price.
• Reconstr. Fin. Corp. v. Goldberg
  143 F.2d 752· 7th Cir.· 1944-06-28 ·cited 10×
  A shareholder of a business trust holding bank stock is personally liable for the bank's debts, and an exculpatory clause in the trust agreement is ineffective against creditors, especially when the creditor lacked knowledge of the clause. Liability for bank stock is constitution
• Hall-Scott Motor Car Co. v. Universal Ins. Co.
  122 F.2d 531· 9th Cir.· 1941-08-20 ·cited 10×
  A maritime contract for vessel repair may validly contain a provision exculpating the repairer from liability for its own negligence, as this does not violate public policy when the parties are not acting in a public service capacity.
• Michel v. Merrill Stevens DRY Dock Co.
  554 So. 2d 593· Fla. 3d DCA· 1989-12-19 ·cited 9×
  The Third District Court of Appeal reversed a summary judgment in favor of a dry dock company, holding that an exculpatory clause in a ship repair contract was ambiguous and therefore unenforceable to bar liability for ordinary negligence and breach of contract. The court rejecte
• Morrissey v. Segal
  526 F.2d 121· 2d Cir.· 1975-11-14 ·cited 9×
  Attorney fees for legal services performed for trustees should not be paid from union funds because their personal interests conflicted with their fiduciary duties.
• Fla. E. Coast Ry. Co. v. Denver C. Booth
  148 So. 2d 536· Fla. 3d DCA· 1963-01-15 ·cited 9×
  The court held that the railroad pass was not gratuitous, rendering its exculpatory provisions ineffective, and that the railroad's knowledge of prior rock-throwing incidents made the plaintiff's injury a foreseeable risk.
• Pier 1 Cruise Experts v. Revelex Corp.
  929 F.3d 1334· 11th Cir.· 2019-07-11 ·cited 8×
  Pier 1 Cruise Experts, a Brazilian travel agency, hired Revelex Corporation to develop a website with Portuguese-language content and Brazilian currency pricing for online cruise bookings, but the software remained incomplete after nearly a year. The Eleventh Circuit affirmed the
• Brooks v. Michael D. Paul, M.D.
  219 So. 3d 886· Fla. 4th DCA· 2017-06-07 ·cited 8×
  Myra Brooks sued neurosurgeon Michael D. Paul for medical malpractice after her ureter was injured during spinal fusion surgery. The defendant moved for summary judgment based on a pre-surgery release agreement, which the trial court found unambiguously waived negligence claims.
• Gayon v. Bally's Total Fitness Corp.
  802 So. 2d 420· Fla. 3d DCA· 2001-12-05 ·cited 8×
  Florida appellate court affirmed summary judgment for Bally's Total Fitness, holding that the exculpatory clause in the health club membership contract was clear, unequivocal, and enforceable as a matter of law.
• Comptech Int'l, Inc. v. Milam Commerce Park, Ltd.
  711 So. 2d 1255· Fla. 3d DCA· 1998-05-20 ·cited 8×
  Comptech International, a computer hardware distributor, appealed a summary judgment against it after damage to its computers during landlord-directed construction. The Florida appellate court affirmed, holding that the economic loss rule bars tort claims for damage to property t
• Cont'l Ins. Co. a/s/o Gulf Nat'l Life Ins. Co. v. Kennerson
  661 So. 2d 325· Fla. 1st DCA· 1995-09-22 ·cited 8×
  Continental Insurance Company, subrogee of shopping center owner Gulf National Life Insurance Company, sought to recover fire damage losses from tenant J & B Outlet by alleging the tenant's negligence caused the fire. The court held that the lease terms allocating fire risk to th
• Shaffer v. Wells Fargo Guard Servs.
  528 So. 2d 389· Fla. 3d DCA· 1988-03-01 ·cited 8×
  A security company contracted to protect a bank's assets and employees against "certain hazards" owes no duty to protect an employee from violence arising from an employee's personal romantic entanglement unrelated to the bank's business.