Presumption Of Negligence

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

• CFC Fabrication, Inc. v. Dunn Constr. Co., Inc.
  917 F.2d 1385· 5th Cir.· 1990-11-30
  A bailee is not presumed negligent for lost or damaged property if they did not exclusively possess the property, and mere evidence of loss or damage is insufficient to prove negligence.
• Fed. Barge Lines, Inc. v. Granite City Steel Div. OF Nat'l Steel Corp.
  809 F.2d 497· 8th Cir.· 1987-01-14
• Stephenson T. Price and Laura Price v. McCLAIN
  484 So. 2d 1316· Fla. 1st DCA· 1986-03-06
• LEE v. Hollywood CAR & Truck Rental, Inc.
  485 So. 2d 843· Fla. 4th DCA· 1986-03-05
  The court held that the doctrine of res ipsa loquitur was applicable, creating a presumption of negligence that made a directed verdict inappropriate.
• Utesch v. Atlas Motor Inns, Inc.
  687 F.2d 20· 3d Cir.· 1982-08-24
  The court held that the trial judge's jury instructions regarding the Virgin Islands Building Code and architectural licensing statute were prejudicial and constituted reversible error.
• Ginn v. Broward Cnty. Transit
  396 So. 2d 804· Fla. 4th DCA· 1981-04-01
  Frances Ginn, age 66, fell on a Broward County Transit bus after being instructed by the driver to hold onto the fare box instead of taking a seat, and subsequently fell when the bus made a sudden stop. The trial court granted a directed verdict for the defendants, but the appell
• Stewart v. Scribner
  390 So. 2d 88· Fla. 3d DCA· 1980-10-28
  The trial court should have directed a verdict for the plaintiff on the issue of liability because the presumption of negligence from a rear-end collision was unrebutted. The verdict was also ambiguous, necessitating a new trial on damages.
• Intracoastal Transp., Inc. v. Decatur Cnty.
  482 F.2d 361· 5th Cir.· 1973-06-29
• Allen v. Guagliardo
  204 So. 2d 349· Fla. 2d DCA· 1967-11-15
  Mae Allen, a passenger in a car struck from behind at an intersection, appealed a jury verdict for the defendant driver, arguing the trial court should have granted her directed verdict motion on liability. The appellate court affirmed, finding the evidence presented conflicting
• Davis v. Goodall
  202 So. 2d 623· Fla. 2d DCA· 1967-09-08
  In this negligence appeal, the Davis defendants challenged a trial judge's decision to grant a new trial in a rear-end collision case. The appellate court held that the jury's verdict should stand because sufficient evidence of a possible sudden stop raised a genuine factual disp
• United States v. Norfolk
  382 F.2d 208· 4th Cir.· 1967-07-26
  The court held that the penalty imposed under 46 U.S.C. § 526o for negligent vessel operation was a civil penalty, not criminal, and thus the admiralty court had jurisdiction. The finding of negligence was also upheld.
• Johnson v. Schine
  200 So. 2d 207· Fla. 2d DCA· 1967-06-14
  The court held that the lower court properly denied the plaintiff's motion for a directed verdict as to liability.
• Berguido v. Eastern Air Lines
  378 F.2d 369· 3d Cir.· 1967-06-09
• ST. Louis Barge Fleeting Serv., Inc. v. Consol. Barge Co.
  351 F.2d 469· 8th Cir.· 1965-10-27
  The court held that the evidence was sufficient to establish a bailment and that the appellant failed to overcome the presumption of negligence.
• Stark v. Vasquez
  168 So. 2d 140· Fla.· 1964-09-30
  The Florida Supreme Court resolved a conflict between two District Courts of Appeal regarding whether a jury or trial judge should determine whether a defendant's explanation sufficiently rebuts the presumption of negligence arising from a rear-end collision. The Court held that
• Exner Sand & Gravel Corp. v. Petterson Lighterage & Towing Corp.
  258 F.2d 1· 2d Cir.· 1958-06-13
  A charterer is not liable for damage to a vessel that occurs after redelivery and is not a proximate or foreseeable result of the charterer's actions during the charter period.
• Albin v. Pierce
  232 F.2d 501· 7th Cir.· 1956-05-02
  The court held that the trial court did not err in overruling defendant's motions for a directed verdict and judgment notwithstanding the verdict, as the presumption of negligence under res ipsa loquitur was not overcome by the defendant's explanation.
• Atl. Coast Line R.R. Co. v. de Mayo
  222 F.2d 462· 5th Cir.· 1955-05-13
  The court held that the trial court did not err in charging the jury that the doctrine of res ipsa loquitur applied to the facts of the case.
• San Diego GAS & Elec. Co. v. United States
  173 F.2d 92· 9th Cir.· 1949-02-14
  The court held that the district court erred in dismissing the complaint, as circumstantial evidence and the doctrine of res ipsa loquitur could support an inference of proximate cause for the damage.
• Waldie v. THE Peter C. Gallagher
  125 F.2d 568· 2d Cir.· 1942-01-27
  The court held that the tug was not negligent in its towage operations or the makeup of the tow, and therefore the dismissal of the libel was proper.
• Fla. E. Coast Ry. Co. v. Daughetee
  98 Fla. 1021· Fla.· 1929-11-29
  The Florida Supreme Court reversed a judgment for an injured employee, holding that the employer railroad company was not liable because it had exercised all ordinary and reasonable care and diligence. The case clarifies the burden of proof for negligence under Florida's hazardou
• Warfield v. Hepburn
  62 Fla. 418· Fla.· 1911-06-01
  The Florida Supreme Court denied a rehearing in a case where a passenger was injured due to a train derailment. The court affirmed the judgment, finding the railroad liable due to insufficient evidence to rebut the statutory presumption of negligence.
• Louisville & Nashville R.R. Co. v. Caldwell
  58 Fla. 304· Fla.· 1909-06-01
  The Florida Supreme Court reversed a judgment for $2,000 awarded to the widow of a railroad employee who was killed near railroad tracks. The court found insufficient evidence to establish that the defendant railroad company's negligence caused the death, as the record contained