Lex Loci Delicti

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

• Kenney v. Lewis Revels Rare Coins, Inc.
  741 F.2d 378· 11th Cir.· 1984-09-11 ·cited 8×
  The court held that the negligence of a co-employee driver cannot be imputed to a passenger co-employee under a joint venture theory when the relationship arises solely from their employment. The court also held that a party cannot assign error to jury instructions without making
• Biscoe v. Arlington Cnty.
  738 F.2d 1352· D.C. Cir.· 1984-07-06 ·cited 8×
  The court held that the Full Faith and Credit Clause and principles of comity do not require Virginia's sovereign immunity rules for its counties to apply in the District of Columbia when those rules conflict with the District's own policies. The court affirmed the jury's verdict
• Saleem Ahmed v. The Boeing Co.
  720 F.2d 224· 1st Cir.· 1983-11-03 ·cited 8×
  The court held that a conditional dismissal based on forum non conveniens was not an abuse of discretion, even with a prior settlement payment, as the foreign forum remained adequate.
• Houston N. Hosp. Props. v. Telco Leasing, Inc.
  680 F.2d 19· 5th Cir.· 1982-07-06 ·cited 8×
  The court held that a creditor's insistence on full payment of a loan, without a contractual right to prepayment, in exchange for releasing a lien does not constitute economic duress when the debtor faces financial pressure.
• Mrs. Sharon COX v. McDONNELL-Douglas Corp.
  665 F.2d 566· 5th Cir.· 1982-01-11 ·cited 8×
  The court held that Idaho substantive law governs the wrongful death action and that the minor children's claims were timely filed under both Texas and Idaho statutes of limitations.
• Loughan v. The Firestone Tire & Rubber Co.
  624 F.2d 726· 5th Cir.· 1980-08-22 ·cited 8×
  The court held that the transferee district court, after a § 1404(a) transfer, must apply the choice of law rules of the transferor court, which would have applied Ohio's statute of limitations in this case.
• Sigrid Ethel Koeppe v. The Great Atl. & Pac. TEA Co., Inc.
  250 F.2d 270· 6th Cir.· 1957-12-16 ·cited 8×
  The court held that the statute of limitations of the state where the cause of action accrued applies to personal injury actions brought in Kentucky, even if it would be barred under Kentucky's statute.
• Maynard v. E. Air Lines, Inc.
  178 F.2d 139· 2d Cir.· 1949-11-30 ·cited 8×
  The court held that the Connecticut statute limiting damages for wrongful death applies, and interest is not recoverable under New York law.
• Theodore R. Bledsoe, M.D. v. Crowley
  849 F.2d 639· D.C. Cir.· 1988-06-10 ·cited 7×
  The court's concurrence suggests that the law of the jurisdiction where medical services are provided is generally preferable in choice-of-law analysis for medical malpractice cases due to systemic interests in consistent policy and patient access to care.
• Blakesley v. Wolford, D.D.S.
  789 F.2d 236· 3d Cir.· 1986-04-30 ·cited 7×
  The court held that the district court erred in applying Pennsylvania law to the substantive issues of informed consent and damages in a medical malpractice action, and that Texas law should apply.
• Theodoros Zouras v. Menelaus Shipping Co., Ltd.
  336 F.2d 209· 1st Cir.· 1964-09-17 ·cited 7×
  The court held that the Jones Act and general maritime law of the United States were inapplicable to a Greek seaman injured on a Liberian-flagged vessel in Boston Harbor, and that dismissal of the suit was proper.
• Connell v. Riggins
  944 So. 2d 1174· Fla. 1st DCA· 2006-12-15 ·cited 6×
  In this vehicular accident case, the Florida appellate court reversed a judgment against defendant Connell, finding three reversible errors: (1) improper application of Florida comparative negligence law instead of Georgia law; (2) jury instruction based on hearsay driver's manua
• Farwell v. Chong H. UN, M.D.
  902 F.2d 282· 4th Cir.· 1990-05-09 ·cited 6×
  The court held that under controlling substantive law and undisputed facts, the defendant-physicians breached no duty of care owed to their patient, as they could not have involuntarily committed a competent patient who expressed willingness to be voluntarily hospitalized.
• Pernell Barker v. Vonnie Rene Anderson
  546 So. 2d 449· Fla. 1st DCA· 1989-07-13 ·cited 6×
  Pernell Barker, driver of a rented van, appeals a jury verdict finding him 70% comparatively negligent for injuries sustained by his passenger when struck by a Wal-Mart truck at a Georgia intersection. The Florida appellate court affirmed the trial court's application of Georgia
• Kramer v. Piper Aircraft Corp.
  868 F.2d 1538· 11th Cir.· 1989-04-05 ·cited 6×
  Strict liability supplants implied warranty in the absence of privity, and the 'significant relationships' test must be applied to determine the applicable statute of limitations.
• Shuder v. McDONALD'S Corp.
  859 F.2d 266· 3d Cir.· 1988-10-04 ·cited 6×
  The court held that Virginia law should apply to the liability issues, and under Virginia's contributory negligence doctrine, the plaintiff's recovery is barred. Therefore, the district court erred in denying the motion for judgment notwithstanding the verdict.
• Tennimon v. Bell Helicopter Textron, Inc.
  823 F.2d 68· 5th Cir.· 1987-07-07 ·cited 6×
  The court held that the plaintiff's wrongful death claims were barred by the statute of limitations because limitations began to run at the date of death, not upon discovery of the cause, and tolling provisions for minors did not apply under Kentucky law.
• Quillen v. Int'l Playtex, Inc.
  789 F.2d 1041· 4th Cir.· 1986-04-24 ·cited 6×
  The court affirmed the district court's judgment, holding that the refusal to amend the complaint, dismissal of the strict liability count, exclusion of evidence, and jury instructions were not erroneous.
• The Est. OF David L. Portnoy v. Cessna Aircraft Co.
  730 F.2d 286· 5th Cir.· 1984-04-20 ·cited 6×
  The court held that a Mississippi administratrix cannot invoke the Mississippi long-arm statute to obtain personal jurisdiction over a nonresident defendant when the underlying tort occurred against a nonresident decedent.
• Pledger v. Burnup & Sims, Inc.
  432 So. 2d 1323· Fla. 4th DCA· 1983-04-20 ·cited 6×
  Thomas Pledger, former president of Burnup & Sims, sued for defamation based on statements made by the corporation and its current president Nick Caporella regarding Pledger's alleged role in a corporate takeover attempt. The appellate court reversed summary judgment on counts in
• Guillory v. United States
  699 F.2d 781· 5th Cir.· 1983-03-11 ·cited 6×
  The court held that Louisiana law, not Texas law, bore the most significant relationship to the occurrence and thus should apply to the damages in this case.
• Tomlin v. The Boeing Co.
  650 F.2d 1065· 9th Cir.· 1981-07-13 ·cited 6×
  The court held that Washington's conflicts law would apply its own three-year statute of limitations in this wrongful death action, reversing the district court's dismissal.
• Modin v. NEW York Cent. Co. and/or its successors in interest
  650 F.2d 829· 6th Cir.· 1981-06-02 ·cited 6×
  The court held that the plaintiff's tort claim for failure to notify the decedent of insurance coverage changes was barred by the statute of limitations and that Tennessee law does not recognize such a claim.
• Althea G. Bishop and William J. Bishop, Sr. v. Fla. Specialty Paint Co.
  377 So. 2d 767· Fla. 1st DCA· 1979-12-04 ·cited 6×
  Florida residents injured in an airplane crash in South Carolina sued the Florida-based owner and pilot. The trial court applied South Carolina's restrictive guest statute, granting summary judgment for defendants. The appellate court affirmed the judgment but certified to the Fl
• Wright v. Fireman's Fund Ins. Co.
  522 F.2d 1376· 5th Cir.· 1975-11-13 ·cited 6×
  The court held that Louisiana's one-year statute of limitations is procedural and applies in a diversity action, even if the injury occurred in another state, because Louisiana courts would apply their own procedural rules.
• Telecommunications v. S. Tel. Supply Co.
  518 F.2d 392· 6th Cir.· 1975-06-26 ·cited 6×
  A Georgia corporation with no contacts in Tennessee cannot be held liable under Tennessee statutes for acts occurring entirely within Georgia, even if those acts cause injury in Tennessee.
• Brendle v. The Gen. Tire & Rubber Co.
  505 F.2d 243· 4th Cir.· 1974-10-18 ·cited 6×
  The court held that North Carolina law requires privity of contract for breach of warranty claims, and advertising did not create an exception in this case.
• Marra v. Bushee
  447 F.2d 1282· 2d Cir.· 1971-09-07 ·cited 6×
  The court held that the jury, not the judge, must determine the factual situs of the defendant's conduct to apply the correct choice-of-law rule.
• Doody v. John Sexton & Co.
  411 F.2d 1119· 1st Cir.· 1969-05-27 ·cited 6×
  The court held that the defendant could be liable in tort for fraudulent misrepresentation, even if the contract claim failed due to lack of agent authority.
• Bittner v. Little
  270 F.2d 286· 3d Cir.· 1959-09-16 ·cited 6×
  The court held that under Pennsylvania's conflict of laws rules, the law of Virginia, where the accident occurred, governs the effect of the release, and Virginia law dictates that releasing one joint tortfeasor releases all.
• Stoltz v. Burlington Transp. Co.
  178 F.2d 514· 10th Cir.· 1949-12-15 ·cited 6×
  The court held that the damages recoverable in a wrongful death action occurring outside of Colorado are governed by the law of the place where the injury occurred (lex loci), not by Colorado law (lex fori).
• Boyle et ux. v. Ward
  125 F.2d 672· 3d Cir.· 1942-01-26 ·cited 6×
  The court held that while the substantive law of New York applied to the tort claim, Pennsylvania procedural law governed the determination of whether the evidence was sufficient to submit the case to the jury.
• Jenkins v. Rockwood
  820 So. 2d 426· Fla. 4th DCA· 2002-07-03 ·cited 5×
  This appeal concerns a conflict of laws question regarding which state's statute of limitations applies to an automobile accident tort claim. A New Jersey resident was involved in a car accident with a Florida resident in Louisiana, then sued in Florida more than three years late
• Bates v. Cook, Inc.
  615 F. Supp. 662· M.D. Fla.· 1984-12-20 ·cited 5×
  The court granted summary judgment for the defendant on statute of limitations grounds, denying motions for sanctions, to amend, and for summary judgment on collateral estoppel.
• Hoffman v. Helene Ouellette
  798 So. 2d 42· Fla. 4th DCA· 2001-10-17 ·cited 4×
  Douglas Hoffman, as representative of the estate of Raymond Coutellier, appealed a jury verdict awarding damages to Helene Ouellette for injuries sustained in an automobile accident at a mobile home park in Florida. The appellate court affirmed the judgment, holding that Florida
• Andras Serfozo v. THE Travelers Indem. Co., Inc.
  788 So. 2d 278· Fla. 4th DCA· 2000-11-08 ·cited 4×
  Serfozo, injured in a Florida accident while driving an employer's truck, sued for declaratory relief regarding uninsured motorist coverage under a policy issued by Travelers. The court affirmed summary judgment dismissing the suit as barred by Georgia's statute of limitations, h
• Murphy v. Thornton
  746 So. 2d 575· Fla. 1st DCA· 1999-12-21 ·cited 4×
  In this negligence case, the court addressed which state's law applies to an injury occurring in a Florida condominium when all parties reside in Alabama. The court held that Florida law applies because the situs of the injury and conduct was in Florida and constituted more than
• Robinson v. Merkle
  700 So. 2d 723· Fla. 2d DCA· 1997-09-19 ·cited 4×
  A West Virginia resident injured at birth in West Virginia sued in Florida for medical malpractice against the deceased doctor's estate. The Florida trial court dismissed the complaint under Florida's two-year statute of limitations, but the appellate court reversed, holding that
• Picker Int'l, Inc. v. Parten
  935 F.2d 257· 11th Cir.· 1991-07-11 ·cited 4×
  The court held that the district court erred in granting a directed verdict on the breach of covenant not to compete claim because substantial evidence existed for a jury to find the covenant reasonable, but affirmed directed verdicts on the breach of confidentiality and fraud cl
• Mountain Fuel Supply v. Reliance Ins. Co.
  933 F.2d 882· 10th Cir.· 1991-05-17 ·cited 4×
  The court held that Mountain Fuel's status as a named insured under Reliance's policy expired on June 9, 1980, and Reliance had no obligation to notify Mountain Fuel of the expiration of this status on renewal.
• Miller v. Long-Airdox Co.
  914 F.2d 976· 7th Cir.· 1990-10-01 ·cited 4×
  Illinois law governs the third-party contribution claim because an Indiana statute mandates that Illinois law apply to the employee's underlying claims, tipping the choice-of-law analysis in favor of Illinois.
• Hanley v. Forester
  903 F.2d 1030· 5th Cir.· 1990-06-20 ·cited 4×
  The court held that Florida law, not Mississippi law, should apply to the case because Florida has a more significant relationship to the accident and a stronger policy interest in highway safety. The district court erred in applying Mississippi law.
• Caffie D. Thornton v. Cessna Aircraft Co.
  886 F.2d 85· 4th Cir.· 1989-09-22 ·cited 4×
  The court held that the Tennessee statute of repose, a substantive law, applies to tort claims arising from an airplane crash in Tennessee, but South Carolina law governs breach of warranty claims due to the most significant relationship to South Carolina.
• Beck v. Thompson
  818 F.2d 1204· 5th Cir.· 1987-06-11 ·cited 4×
  The dissenting judge argues that the trial court erred by applying an incorrect legal standard for pilot negligence, failing to distinguish between different types of VFR flights and thus finding no breach of duty where one should have been found.
• Johnson v. Deltadynamics, Inc.
  813 F.2d 944· 7th Cir.· 1987-03-16 ·cited 4×
  The court held that the Wisconsin borrowing statute applies to bar a suit when the cause of action arose in another state and that state's statute of limitations has expired.
• Manley v. Leve T. Engram
  755 F.2d 1463· 11th Cir.· 1985-03-22 ·cited 4×
  A diligent plaintiff who files suit in good faith in the district of an individual defendant's apparent residence, but later discovers the defendant subjectively considers another state his permanent residence, will not be deemed to have automatically waived their right to object
• Peoples Bank & Tr. Co. v. Piper Aircraft Corp.
  598 F. Supp. 377· S.D. Fla.· 1984-12-07 ·cited 4×
  The court held that Ohio law should be applied in this diversity action because Ohio has the most significant relationship to the occurrence and the parties, despite the defendant's residence in Florida.
• Proprietors Ins. Co. v. West
  435 So. 2d 290· Fla. 3d DCA· 1983-06-28 ·cited 4×
  Under Florida's adoption of the Restatement (Second) significant relationships test, the law of the state with the most significant relationship to a tort action, not necessarily the place of injury, determines rights and liabilities. When the place of injury is merely fortuitous
• Wynette E. Bennett v. Enstrom Helicopter Corp.
  679 F.2d 630· 6th Cir.· 1982-06-03 ·cited 4×
  The court held that Michigan's public policy did not override the lex loci delicti rule, and thus New Zealand's no-fault compensation scheme barred the wrongful death action.
• Zurzola v. Gen. Motors Corp.
  503 F.2d 403· 3d Cir.· 1974-09-17 ·cited 4×
  The court held that Pennsylvania's conflict-of-law rules would apply Pennsylvania law to permit a defendant to seek contribution from the plaintiff's spouse, even if New Jersey law would prohibit it.