Reasonable Certainty

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

• Loftin v. Wilson
  67 So. 2d 185· Fla.· 1953-03-10 ·cited 201×
  The Florida Supreme Court reviewed a $300,000 jury verdict for personal injuries sustained by Wilson, a railroad trainman, in a crossing accident involving a work train and a truck. The court held that the verdict was excessive when broken down into its compensatory components an
• Baggett v. Davis
  124 Fla. 701· Fla.· 1936-06-27 ·cited 159×
  Baggett involves a negligence action arising from an automobile collision in Ohio. The Florida Supreme Court reversed a $5,000 judgment for the plaintiff, finding multiple trial errors including improper jury instructions on damages, admission of plaintiff's testimony about his s
• Kolb v. Goldring, Inc.
  694 F.2d 869· 1st Cir.· 1982-12-02 ·cited 84×
  The court held that the jury's compensatory damages award was excessive and recalculated it, ordering a remittitur or a new trial on damages. It also affirmed the denial of prejudgment interest.
• Auto-Owners Ins. Co. v. Tompkins
  651 So. 2d 89· Fla.· 1995-02-02 ·cited 82×
  A claimant must establish future economic damages are reasonably certain to occur to recover them, not necessarily prove a permanent injury.
• United States v. Weil
  432 F.2d 1320· 9th Cir.· 1970-10-08 ·cited 81×
  The court held that the search of the vehicle was a valid 'border search' even though it did not occur at the physical border, because the circumstances made it reasonably certain that contraband was smuggled across the border and placed in the vehicle.
• Ballard v. Krause
  248 So. 2d 233· Fla. 4th DCA· 1971-05-20 ·cited 66×
  The Wunderlich Act does not grant the United States power to challenge a contract disputes clause finding of fact in favor of the contractor by the Government's own contracting agency, absent fraud or bad faith.
• E. C. Ernst, Inc. v. Manhattan Constr. Co. OF Tex.
  551 F.2d 1026· 5th Cir.· 1977-05-09 ·cited 59×
  A 'no damage' clause in a construction contract is generally enforceable unless the delay is not contemplated, amounts to abandonment, is in bad faith, or involves active interference; architects may be liable for negligence in failing to make timely decisions, but not for errors
• Ryan v. Ryan
  277 So. 2d 266· Fla.· 1973-03-30 ·cited 59×
  Florida's Supreme Court upheld the constitutionality of Florida's new no-fault dissolution of marriage law (effective July 1, 1971), which replaced traditional fault-based divorce grounds with a single ground: that the marriage is irretrievably broken. The Court rejected challeng
• Zimmerman v. First Fed. Sav. & Loan Ass'n OF Rapid City
  848 F.2d 1047· 10th Cir.· 1988-06-06 ·cited 58×
  The court affirmed the district court's rulings, finding no reversible error in the jury's verdict, the directed verdict, or the evidentiary rulings. The court also affirmed the denial of motions to dismiss and the admission of certain evidence.
• Hendrix v. Raybestos-Manhattan, Inc.
  776 F.2d 1492· 11th Cir.· 1985-11-26 ·cited 55×
  The court held that the district court did not abuse its discretion in consolidating the cases for trial and in admitting evidence regarding appellants' knowledge of asbestos risks, but ordered remittiturs for future medical expenses awarded by the jury.
• Schwab v. Tolley
  345 So. 2d 747· Fla. 4th DCA· 1977-04-01 ·cited 52×
  In this medical malpractice appeal, a neurosurgeon is held liable for a patient's permanent quadriplegia resulting from cervical spine surgery following an automobile collision. The court affirms a jury verdict totaling $1,685,000, rejecting the defendant's argument that the plai
• N. Natural GAS Co. v. O'Malley
  277 F.2d 128· 8th Cir.· 1960-04-13 ·cited 48×
  The court held that the taxpayer failed to establish a determinable period of exhaustion for its pipeline easements, thus denying tax recovery based on the useful life of its gas reserves.
• United States v. Niver
  689 F.2d 520· 5th Cir.· 1982-10-05 ·cited 46×
  The court held that the search of the aircraft and luggage was lawful as it occurred at the functional equivalent of the border, and that there was sufficient evidence to support the convictions.
• United States v. Tilton
  534 F.2d 1363· 9th Cir.· 1976-04-21 ·cited 46×
  A warrantless customs search of a vessel in a harbor may be valid as a border search at the functional equivalent of the border if officers have articulable facts supporting a reasonably certain conclusion that the vessel crossed the border, even without proof it actually did.
• United States v. Bianco
  534 F.2d 501· 2d Cir.· 1976-04-08 ·cited 46×
  The court held that the government sufficiently proved the defendant's expenditures were not from non-taxable sources and that the admission of evidence derived from a mail watch was not preserved for appeal due to a failure to object at trial. The court also held that the federa
• Douglass Fertilizers & Chem., Inc. v. McCLUNG Landscaping, Inc.
  459 So. 2d 335· Fla. 5th DCA· 1984-10-18 ·cited 43×
  Lost profits are not recoverable when the claim is too remote and speculative, lacking a contractual basis for future business.
• Giani Fasani v. Kowalski
  43 So. 3d 805· Fla. 3d DCA· 2010-08-25 ·cited 42×
  Fasani and Lincoln Road Associates appeal a jury verdict for Kowalski following a personal injury case where a granite tile fell in an elevator. The appellate court found that plaintiff's counsel engaged in improper, highly prejudicial arguments attacking the defendants' characte
• Carlton v. H. C. Price Co. & Roger Dale Moyers
  640 F.2d 573· 5th Cir.· 1981-03-16 ·cited 39×
  The court held that prejudgment interest on future medical damages is permissible under Alaska law, but reduced the jury's awards for future medical expenses to the maximum amounts supported by the evidence, and remanded for redetermination of attorney's fees.
• United States v. Condrado Almeida-Sanchez
  452 F.2d 459· 9th Cir.· 1971-09-27 ·cited 38×
  The court held that the search of the defendant's vehicle was reasonable and did not require a warrant.
• Blackwell v. United States
  244 F.2d 423· 8th Cir.· 1957-05-07 ·cited 38×
  The court held that the defendant's conviction for filing fraudulent income tax returns was supported by sufficient evidence and that no prejudicial errors occurred during the trial.
• Alphamed Pharms. Corp. v. Arriva Pharms., Inc.
  432 F. Supp. 2d 1319· S.D. Fla.· 2006-05-26 ·cited 33×
  The court granted defendants' motions for judgment as a matter of law and new trial, vacating the jury's verdict because the plaintiff failed to present legally sufficient evidence linking the defendants' conduct to any damages.
• Forest's Mens Shop and Ladies Den of Stuart v. Schmidt
  536 So. 2d 334· Fla. 4th DCA· 1988-12-21 ·cited 33×
  A vertical restraint is not illegal per se unless it includes an agreement on price or price levels.
• Miller Indus. v. Caterpillar Tractor Co.
  733 F.2d 813· 11th Cir.· 1984-06-04 ·cited 33×
  A negligent failure to warn of a known product defect, even without physical damage, can form a basis for a maritime tort action if the warranty does not expressly disclaim negligence. Crew members can recover lost wages based on a share of the lost catch when their compensation
• United States v. Blanche Elizabeth Dyer
  910 F.2d 530· 8th Cir.· 1990-08-07 ·cited 32×
  The court affirmed convictions and sentences, holding that the Sentencing Guidelines are constitutional and that the preponderance-of-the-evidence standard is sufficient for sentencing fact-finding.
• U.S. Project Mgmt., Inc. v. Parc Royale E. Dev., Inc.
  861 So. 2d 74· Fla. 4th DCA· 2003-10-29 ·cited 30×
  U.S. Project Management sued condominium developer Parc Royale for breach of contract, seeking payment of an incentive fee that became due after all units were sold. The trial court dismissed the case based on res judicata from a prior suit over unpaid monthly consulting fees. Th
• R. E. B., Inc. v. Ralston Purina Co.
  525 F.2d 749· 10th Cir.· 1975-10-21 ·cited 29×
  The court held that allowing recovery for both lost profits and diminution in property value constituted a double recovery, and the judgment must be reduced to eliminate this overlap.
• Electro Servs., Inc. v. Exide Corp.
  847 F.2d 1524· 11th Cir.· 1988-06-28 ·cited 26×
  The court affirmed the jury's award of compensatory and punitive damages, finding no abuse of discretion in evidentiary rulings, sufficient evidence for lost profits, a proper jury instruction on punitive damages, and that the Eighth Amendment's Excessive Fines Clause does not ap
• United States v. Medeiros
  897 F.2d 13· 1st Cir.· 1990-03-02 ·cited 24×
  The court held that the government need only show a de minimis connection to interstate commerce for arson conspiracy jurisdiction and that the district court did not err in applying a sentencing enhancement for reckless endangerment.
• Nebula Glass Int'l, Inc. v. Reichhold, Inc.
  454 F.3d 1203· 11th Cir.· 2006-06-30 ·cited 23×
  Reichhold, a chemical manufacturer, supplied defective resin to Glasslam, a glass laminating company, in breach of contract and warranty obligations. The defective resin, which contained insufficient UV-absorbing additives, caused laminated glass products to delaminate and discol
• United States v. Perez
  644 F.2d 1299· 9th Cir.· 1981-05-11 ·cited 23×
  The court held that the search of the truck was not a valid extended border search nor a consent search, and remanded for determination of whether the defendants had a legitimate expectation of privacy in the truck.
• E. T. Legg & Assocs., Ltd. v. Shamrock Auto Rentals, Inc.
  386 So. 2d 1273· Fla. 3d DCA· 1980-08-05 ·cited 23×
  The court held that while the evidence was insufficient to prove lost profits, there was sufficient evidence to support the jury's finding of liability.
• Vazquez v. Milady Martinez
  175 So. 3d 372· Fla. 5th DCA· 2015-09-18 ·cited 22×
  The court held that evidence of payments made by the defense or its agents to expert witnesses is admissible to show potential bias, but an award for future medical expenses is improper without evidence of reasonable certainty.
• Twin Disc v. BIG BUD Tractor, Inc.
  772 F.2d 1329· 7th Cir.· 1985-09-05 ·cited 22×
  The court affirmed the district court's judgment, holding that tort claims for economic loss were barred and that a disclaimer of implied warranties was validly incorporated into the contract.
• Hattie Mae Ricks and Joseph N. Williams v. United States
  414 F.2d 1111· D.C. Cir.· 1968-12-23 ·cited 22×
  The court held that the subsections of the narcotic vagrancy law under which the appellants were convicted are unconstitutionally vague and contravene the Fifth Amendment.
• THE Tanker Hygrade NO. 24, Inc. v. THE Tug Dynamic
  233 F.2d 444· 2d Cir.· 1956-05-16 ·cited 22×
  The court held that demurrage should be awarded at the barge's average daily earning rate, and interest on repair costs should not accrue before the dates of payment.
• Massey-Ferguson, Inc. v. Santa Rosa Tractor Co., Inc.
  415 So. 2d 865· Fla. 1st DCA· 1982-06-24 ·cited 21×
  The court held that the evidence was sufficient to support the jury's award of compensatory and punitive damages for trespass and interference with business, and for loss of future profits.
• August L. Bobenhausen v. Cassat Ave. Mobile Homes, Inc.
  344 So. 2d 279· Fla. 1st DCA· 1977-04-01 ·cited 21×
  Bobenhausen sued Boucher for slander after Boucher falsely told prospective employers and creditors that Bobenhausen was a thief who stole from him. A jury awarded $30,000 in compensatory damages and $50,000 in punitive damages, but the trial judge reduced the award through remit
• Maggolc, Inc. v. Roberson
  116 So. 3d 556· Fla. 3d DCA· 2013-06-19 ·cited 20×
  The court held that a plaintiff's uncorroborated testimony regarding past earnings and future earning capacity, while lacking documentary support, can be sufficient for a jury to award damages if deemed credible.
• Burch v. Reading Co.
  240 F.2d 574· 3d Cir.· 1957-01-08 ·cited 20×
  The court held that the trial judge's instructions to the jury regarding the plaintiff's burden of proof constituted prejudicial error requiring reversal.
• Regions Bank v. Maroone Chevrolet, L.L.C.
  118 So. 3d 251· Fla. 3d DCA· 2013-07-17 ·cited 19×
  Regions Bank and other financing banks appeal a judgment awarding Maroone Chevrolet damages for conversion and negligence based on the banks' mishandling of financing checks. The appellate court reversed in part and affirmed in part, holding that Maroone failed to prove an agency
• Connor v. Commissioner OF Internal Revenue
  847 F.2d 985· 1st Cir.· 1988-05-26 ·cited 19×
  A non-corporate lessor claiming an investment tax credit must prove that the parties realistically contemplated the lease term would be less than 50% of the property's useful life, even if written leases state shorter terms.
• Shadow Lakes, Inc. v. Cudlipp Constr. & Dev. Co., Inc.
  658 So. 2d 116· Fla. 2d DCA· 1995-06-02 ·cited 18×
  The court held that the jury's award of future lost profits was against the manifest weight of the evidence and reversed that portion of the judgment.
• Complete Concepts, Ltd. v. Gen. Handbag Corp.
  880 F.2d 382· 11th Cir.· 1989-08-10 ·cited 18×
  The court held that the district court had personal jurisdiction over the defendant under Georgia's long-arm statute and that the plaintiff failed to prove lost commissions with the required certainty under Georgia law.
• Metz v. United Techs. Corp.
  754 F.2d 63· 2d Cir.· 1985-01-24 ·cited 16×
  The court held that the district court's failure to instruct the jury to reduce future damages to present value constituted plain error, requiring reversal and a new trial.
• Clissold v. ST. Louis-San Francisco Ry. Co.
  600 F.2d 35· 6th Cir.· 1979-06-07 ·cited 16×
  The court held that certain damage awards were excessive and speculative, requiring modification to reflect present value and reasonable certainty, while affirming the overall judgment as modified.
• Nat'l Papaya Co. v. Domain Indus., Inc.
  592 F.2d 813· 5th Cir.· 1979-04-04 ·cited 16×
  The court held that while the defendant's breach of warranty caused production problems and some lost profits, the plaintiff failed to prove with reasonable certainty that all claimed lost profits were directly caused by the breach, requiring a new trial on damages.
• McBRAYER v. Teckla, Inc.
  496 F.2d 122· 5th Cir.· 1974-06-17 ·cited 16×
  The court held that the jury's estimation of lost profits for an unestablished business was too speculative, but affirmed the award for salary due under the employment agreement.
• Rouse v. Chicago
  474 F.2d 1180· 8th Cir.· 1973-03-01 ·cited 16×
  The court held that the railroad's acquiescence in the elevator's lease violation barred full indemnity, but contribution was appropriate, and that the jury's award was not excessive and taxability instructions were not required.
• Frank Sullivan Co. v. Midwest Sheet Metal Works
  335 F.2d 33· 8th Cir.· 1964-07-31 ·cited 16×
  The court held that the jury's verdict finding a valid contract and awarding damages was supported by substantial evidence, and that the issue of apparent authority was properly submitted to the jury.
• Westinghouse Broad. Co., Inc. v. Commissioner of Internal Revenue
  309 F.2d 279· 3d Cir.· 1962-10-19 ·cited 16×
  A television network affiliation contract with automatic renewal provisions, absent notice, is not depreciable if it lacks a determinable useful life based on reasonable certainty.