Reasonable Certainty

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

• Turner Cnty. v. Miller
  170 F.2d 820· 8th Cir.· 1948-12-02 ·cited 16×
  The court held that a county's liability for bridge defects under South Dakota law can be based on constructive notice, not just actual notice, and that the trial court's instructions, when viewed as a whole, correctly limited the county's liability to statutory grounds.
• Paul Gottlieb & Co., Inc. v. Alps S. Corp.
  985 So. 2d 1· Fla. 2d DCA· 2007-12-21 ·cited 14×
  Gottlieb & Co., a fabric supplier, appeals a judgment awarding consequential damages to Alps South Corporation for breach of warranty. The appellate court reversed, holding that Gottlieb's limitation of liability clause on its contract validly excluded consequential damages under
• L. C. L. Theatres, Inc. v. Columbia Pictures Indus., Inc.
  619 F.2d 455· 5th Cir.· 1980-06-19 ·cited 14×
  The court held that the evidence presented a reasonable basis for estimating damages under Texas law, and that a corporate officer is personally liable for tortious acts authorized or participated in by him.
• Battista v. Lebanon Trotting Ass'n
  538 F.2d 111· 6th Cir.· 1976-06-29 ·cited 14×
  A partner cannot be held individually liable for tortiously inducing a breach of a contract entered into by the partnership, as such a claim is merely a breach of contract claim. However, the partnership itself can be liable for breach of contract.
• United States v. Kessler
  497 F.2d 277· 9th Cir.· 1974-05-17 ·cited 14×
  The court held that the search of the vehicle was lawful because the circumstances provided probable cause to believe it contained smuggled goods, even if not meeting the stricter standard for a border search.
• Broward Cmty. Coll. v. Schwartz
  616 So. 2d 1040· Fla. 4th DCA· 1993-03-17 ·cited 13×
  A jury awarded parents of a child injured in a college library accident $60,000 in future medical expenses (present value $30,000). The appellate court reversed, holding that the medical evidence was insufficient to support an award exceeding $300, as the treating physicians coul
• Advent Sys. Ltd. v. Unisys Corp.
  925 F.2d 670· 3d Cir.· 1991-02-14 ·cited 13×
  Software is a 'good' under the UCC, and a non-exclusive requirements contract can satisfy the statute of frauds even without a specific quantity term. A parent corporation is privileged to disrupt its subsidiary's negotiations to protect its own financial interests.
• Jordon J. Rasinski v. McCoy
  227 So. 3d 201· Fla. 5th DCA· 2017-08-04 ·cited 12×
  Rasinski appeals a $2.13 million judgment in a negligence case, challenging the jury's award for lost earning capacity and requesting additional collateral source set-offs. The appellate court reverses the lost earning capacity award for insufficient evidence and reverses the den
• Aills v. Luciano Boemi, M.D.
  41 So. 3d 1022· Fla. 2d DCA· 2010-08-06 ·cited 12×
  On remand from the Florida Supreme Court, the Second District Court of Appeal considered two damage-related issues in a medical malpractice case involving cosmetic breast surgery that resulted in significant injury. The court reversed the trial court's denial of remittitur for fu
• 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.
• In re Merritt Logan, Inc. v. Fleming Cos., Inc.
  901 F.2d 349· 3d Cir.· 1990-04-23 ·cited 12×
  The court held that lost profits are recoverable for a new business if proven with reasonable certainty, and that all sellers participating in product distribution are liable for breach of warranty. The court also affirmed the denial of a mistrial due to late discovery.
• United States v. Smith
  890 F.2d 711· 5th Cir.· 1989-12-04 ·cited 12×
  The court held that the jury verdict of tax evasion was supported by sufficient evidence and that the trial court did not err in its evidentiary rulings or jury instructions.
• The DOW Chem. Co. v. The M/V Roberta Tabor
  815 F.2d 1037· 5th Cir.· 1987-05-04 ·cited 12×
  The court held that Dow failed to prove loss of use damages with reasonable certainty and that Dow's suit against Chotin for hull damage breached charter agreements, but Dow's suit for loss of use did not. The court reversed the award of all attorneys' fees to Chotin, remanding f
• United States v. Goldstein
  685 F.2d 179· 7th Cir.· 1982-07-29 ·cited 12×
  The court held that the evidence was sufficient to establish the defendant's opening net worth for 1976 with reasonable certainty and that the jury instructions, when considered as a whole, were not misleading or prejudicial.
• Whiteis v. Yamaha Int'l Corp.
  531 F.2d 968· 10th Cir.· 1976-03-09 ·cited 12×
  The court held that Yamaha's cancellation of franchises violated Oklahoma statutes requiring good faith, entitling the dealer to damages, and that the statute also mandates attorney's fees for wrongful termination.
• Wharfside TWO, Ltd. v. W.W. GAY Mech. Contractor, Inc.
  523 So. 2d 193· Fla. 1st DCA· 1988-04-12 ·cited 10×
  Wharfside, a new hotel venture, sued its general contractor Chanen and subcontractor Gay over water system defects (odor and leaks) that allegedly caused lost profits. The trial court excluded expert testimony on lost profits as too speculative for a new business, but the jury re
• Domar Ocean Transp., Ltd. v. Indep. Ref. Co.
  783 F.2d 1185· 5th Cir.· 1986-02-14 ·cited 10×
  The court held that a post-judgment amendment to conform pleadings to the evidence is impermissible without the parties' express or implied consent, and that attorneys' fees for collection efforts are not recoverable in a direct tort action.
• Cashman v. Allied Prods. Corp.
  761 F.2d 1250· 8th Cir.· 1985-05-15 ·cited 10×
  The court held that the jury's award of lost profits was supported by sufficient evidence and that the district court properly admitted expert testimony regarding those profits. The court also affirmed the denial of prejudgment interest and lost officers' salaries.
• Colo. Coal Furnace Distribs., Inc. v. Prill Mfg. Co.
  605 F.2d 499· 10th Cir.· 1979-08-07 ·cited 10×
  The court affirmed the jury's award of monetary damages for breach of contract but remanded the equitable claims for findings of fact and conclusions of law.
• United States v. Petersen
  473 F.2d 874· 9th Cir.· 1973-01-18 ·cited 10×
  The court held that the search of the vehicle was not a valid border search because the government failed to establish reasonable certainty that any contraband was aboard at the time of entry or that it was smuggled.
• Johnson v. Erie R.R. Co.
  236 F.2d 352· 2d Cir.· 1956-08-06 ·cited 10×
  The court held that the jury charge contained several errors, including imposing an excessive burden of proof and misstating the law regarding assumption of risk, which cumulatively warranted a new trial.
• United States v. 2600 State Drugs, Inc.
  235 F.2d 913· 7th Cir.· 1956-07-11 ·cited 10×
  The court held that the Federal Food, Drug, and Cosmetic Act's provisions prohibiting the sale of dangerous drugs without a prescription are sufficiently definite to provide reasonable notice and satisfy due process requirements. The court also affirmed that intrastate sales of d
• Shelton v. Thomson
  148 F.2d 1· 7th Cir.· 1945-03-02 ·cited 10×
  The court held that the trial court erred by omitting the phrase 'and to a reasonable certainty' from the jury instruction regarding proof of permanent injuries.
• River Bridge Corp. & River Bridge Realty Corp. v. Am. Somax Ventures
  18 So. 3d 648· Fla. 4th DCA· 2009-08-19 ·cited 8×
  River Bridge Realty Corporation appeals a jury verdict awarding American Somax Ventures $8.5 million in damages for breach of contract involving failure to construct amenities, market property, and honor a right of first refusal. The court affirms damages for amenities and market
• Am. Emp'rs Ins. Co. v. S. Seeding Servs., Inc.
  931 F.2d 1453· 11th Cir.· 1991-05-22 ·cited 8×
  The court affirmed the compensatory damages award but remanded the punitive damages award for further review by the district court.
• Alber v. Norfolk & W. Ry. Co.
  654 F.2d 1271· 8th Cir.· 1981-08-03 ·cited 8×
  The court held that the district court erred in finding that the plaintiff failed to demonstrate with reasonable certainty that he would have obtained the Interline Clerk position but for his military absence.
• Vigano v. Wylain, Inc.
  633 F.2d 522· 8th Cir.· 1980-10-31 ·cited 8×
  The court held that distributorship agreements are not covered by the UCC Statute of Frauds and that claims for lost future profits are too speculative to be recoverable.
• Wienberg v. The United States
  425 F.2d 1244· Ct. Cl.· 1970-05-15 ·cited 8×
  The court held that the plaintiff failed to demonstrate that the IRS applied an improper standard or acted arbitrarily in denying his promotion in absentia, and thus the Board of Appeals and Review's decision denying back pay was correct.
• Dade Cnty. v. Palmer & Baker Eng'rs, Inc.
  318 F.2d 18· 5th Cir.· 1963-05-24 ·cited 8×
  A party breaching a contract is liable for damages, including lost profits, but the innocent party must prove these profits with reasonable certainty, considering any contingencies.
• Robert P. Stores v. Amos B. Hussey
  100 So. 2d 649· Fla. 1st DCA· 1958-02-13 ·cited 8×
  In this automobile collision case, the appellate court affirmed the jury's liability finding against the appellant but reversed and remanded for a new trial on damages, finding that the trial court erred in admitting mortality tables and instructing the jury on permanent injury d
• Packard Englewood Motors, Inc. v. Packard Motor Car Co., Inc.
  215 F.2d 503· 3d Cir.· 1954-09-16 ·cited 8×
  The court held that the defendant's offer to allot bonus cars for scrap iron obligated it to allot those cars for delivery within the 1948 calendar year, if ordered, and that a unilateral letter from the defendant could not modify this obligation without the plaintiff's consent.
• Standard Mach. Co. v. Duncan Shaw Corp.
  208 F.2d 61· 1st Cir.· 1953-11-16 ·cited 8×
  Lost net profits are recoverable for new business ventures if proven with reasonable certainty, but a director's personal liability for breach of fiduciary duty requires proof of unjust enrichment.
• GEICO Indem. Co. v. Pollie DeGRANDCHAMP
  102 So. 3d 685· Fla. 2d DCA· 2012-11-28 ·cited 7×
  The court held that the trial court abused its discretion by denying GEICO's motion for remittitur because the jury's award for future medical expenses was not supported by sufficient evidence of reasonable certainty.
• Miami-Dade Cnty. v. Denis Cardoso
  963 So. 2d 825· Fla. 3d DCA· 2007-08-08 ·cited 7×
  Miami-Dade County appeals a jury verdict awarding Denis Cardoso $73,000 in damages for eight false arrest and/or imprisonment claims. The court affirms awards for past economic and non-economic damages but reverses the $10,000 award for future economic damages, finding insufficie
• Sun Ins. Mktg. Network, Inc. v. AIG Life Ins.
  254 F. Supp. 2d 1239· M.D. Fla.· 2003-03-27 ·cited 7×
  The court held that the plaintiff's expert was not qualified to value the business and his opinion on lost profits was too speculative and not grounded in appropriate methodology or facts.
• Gen. Emps. Ins. Co. v. Lauri Isaacs
  206 So. 3d 62· Fla. 4th DCA· 2016-12-07 ·cited 6×
  GEICO appealed a jury verdict awarding $750,000 ($690,000 after setoffs) in an uninsured motorist case, challenging the $360,000 award for future medical expenses as excessive and unsupported by evidence. The appellate court affirmed the award for shoulder surgery ($50,000) and a
• Scot L. Hamilton v. Melbourne Sand Transp., Inc.
  687 So. 2d 27· Fla. 5th DCA· 1997-01-03 ·cited 6×
  The court held that a plaintiff can prove future damages with evidence of future loss of earnings, independent of proving a permanent injury.
• Union Nat'l Bank OF Little Rock v. Mosbacher
  933 F.2d 1440· 8th Cir.· 1991-05-24 ·cited 6×
  The court held that Leird and Kutait presented a submissible case for both actual and punitive damages based on fraud and breach of fiduciary duty, and that lost profits are recoverable in fraud cases under Arkansas law.
• Lexington Prods. Ltd. v. B. D. Commc'ns, Inc.
  677 F.2d 251· 2d Cir.· 1982-04-23 ·cited 6×
  The court held that the trial court erred in awarding only nominal damages when the record provided sufficient evidence to calculate substantial damages with reasonable certainty.
• Auto Club Ins. Co. OF Fla. v. Babin
  204 So. 3d 561· Fla. 5th DCA· 2016-11-18 ·cited 5×
  Auto Club Insurance appeals a jury verdict awarding Babin underinsured motorist damages for injuries from a car accident, challenging awards for future low-back surgery, past lost wages, and lost earning capacity from a planned scuba-diving business. The court reverses the awards
• FU Sheng Indus. Co., Ltd. v. T/F Sys., Inc.
  690 So. 2d 617· Fla. 4th DCA· 1997-02-26 ·cited 5×
  On appeal, the court reversed and remanded a trial court judgment awarding substantial delay damages ($12.5 million to T/F Systems and $419,000 to Malt) against appellants Fu Sheng, Southeast Capital, and PDC for violating an injunction during a pending appeal. The court found th
• Novatel Commc'ns, Inc. v. Cellular Tel. Supply, Inc.
  856 F.2d 151· 11th Cir.· 1988-09-29 ·cited 5×
  The court held that the distributor agreement's limitation of damages clause did not bar recovery of lost profits for breach of contract, and that CTSI's proof of damages was sufficient.
• Ariz. Chem. Co., LLC v. Mohawk Indus., Inc.
  193 So. 3d 95· Fla. 1st DCA· 2016-05-20 ·cited 4×
  Arizona Chemical appealed a $70.1 million jury verdict for Mohawk Industries in a products liability case involving defective Unibond carpet backing. The court affirmed the verdict, rejecting Arizona's challenges to the exclusion of evidence regarding other product defects and th
• Sihle Ins. Grp., Inc. v. Right WAY Hauling, Inc.
  845 So. 2d 998· Fla. 5th DCA· 2003-05-23 ·cited 4×
  SIHLE Insurance Group appeals a jury verdict awarding Right Way Hauling $256,000 in lost profits damages after SIHLE failed to procure insurance coverage for Right Way's power screen, which was destroyed in a fire. The court affirmed the expert witness's qualification to testify
• Charles E. Dorfman, M.D. v. Bruce Schwabl & Jeanette Schwabl
  777 So. 2d 427· Fla. 5th DCA· 2000-12-22 ·cited 4×
  In this medical negligence case, Dr. Charles Dorfman, a urologist, was found liable for breaching the standard of care when he sent home a 14-year-old patient with testicular torsion without performing corrective surgery, resulting in loss of the patient's testicle. The Florida a
• Arcor, Inc. v. Textron, Inc.
  960 F.2d 710· 7th Cir.· 1992-04-06 ·cited 4×
  The court held that the district court did not err in denying defendants' motions and that the jury's verdict was supported by the evidence, affirming the judgment.
• Nelson v. Prod. Credit Ass'n of the Midlands
  930 F.2d 599· 8th Cir.· 1991-04-09 ·cited 4×
  The court held that the district court properly granted judgment notwithstanding the verdict because the evidence did not support the jury's findings on breach of contract, misrepresentation, or negligence.
• Lazovitz, Inc. v. Saxon Constr., Inc.
  911 F.2d 588· 11th Cir.· 1990-09-10 ·cited 4×
  The court held that the general contractor suffered damages when the owner advanced funds for replacement subcontractors, and the owner's payment did not negate the contractor's cause of action against the breaching subcontractor. The court also held that the subcontractor must p
• United States v. Mayer
  818 F.2d 725· 10th Cir.· 1987-05-12 ·cited 4×
  The court held that the warrantless search of the airplane and hangar was not justified under the border search exception because the government failed to establish with reasonable certainty that the aircraft had crossed the border.
• In re James E. O'Connell Co., Inc. v. Kal W. Lines
  799 F.2d 1258· 9th Cir.· 1986-07-21 ·cited 4×
  The court held that the contract language indicated mutual obligations, not a condition precedent, and that the defendant's actions constituted an anticipatory breach and conversion, with damages awarded reasonably.