Rebuttable Presumption Of Negligence

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

• Pembroke Lakes Mall Ltd. v. McGRUDER
  137 So. 3d 418· Fla. 4th DCA· 2014-02-26 ·cited 50×
  This case involves a slip-and-fall accident at a shopping mall where the plaintiff McGruder recovered $269,049.50 from defendants Pembroke Lakes Mall and Millard Mall Services. The appellate court affirmed the denial of directed verdict and mistrial motions, affirmed that the old
• Brethauer v. Brassell
  347 So. 2d 656· Fla. 4th DCA· 1977-05-27 ·cited 40×
  In a rear-end collision case, the appellate court reversed the trial court's denial of the plaintiffs' motion for directed verdict on liability, holding that the defendant's explanation of his distraction was insufficient to rebut the presumption of negligence that arises when a
• Jordan v. Masters
  821 So. 2d 342· Fla. 4th DCA· 2002-06-19 ·cited 26×
  This appeal addresses whether a jury verdict for an incompetent plaintiff alleging sexual abuse by a reverend should stand, and whether evidentiary errors require a new trial. The court reversed a directed verdict on the breach of fiduciary duty claim against the church defendant
• Brandes v. Burbank
  613 F.2d 658· 7th Cir.· 1980-01-14 ·cited 22×
  The court held that the trial court's instruction allowing a jury to find justification for violating a federal safety regulation based on reasonable care under the circumstances was not erroneous, as Indiana law has moved towards a rebuttable presumption of negligence rather tha
• Am. Hospitality Mgmt. Co. of Minn. v. Hettiger
  904 So. 2d 547· Fla. 4th DCA· 2005-06-01 ·cited 16×
  A hotel operator appeals a jury instruction that created a rebuttable presumption of negligence after it destroyed a ladder from which a repairman fell and was injured. The Fourth District Court of Appeal reversed, holding that while an adverse inference instruction may be approp
• Peoples Gas Sys. v. Posen Constr., Inc.
  322 So. 3d 604· Fla.· 2021-06-10 ·cited 12×
  Peoples Gas System sought to recover settlement payments it made to an employee injured by a gas pipeline rupture, arguing the Underground Facility Damage Prevention and Safety Act created a cause of action for statutory indemnification against the excavating company that damaged
• Cevallos v. Keri Ann Rideout
  107 So. 3d 348· Fla.· 2012-11-21 ·cited 12×
  The Florida Supreme Court reviewed a Fourth District Court of Appeal decision concerning the presumption of negligence in rear-end collisions, holding that comparative negligence principles apply and the presumption can be rebutted by evidence of the front driver's negligence.
• Dep't OF Hwy. Safety & Motor Vehicles v. Faryd A. Saleme
  963 So. 2d 969· Fla. 3d DCA· 2007-09-12 ·cited 11×
  In this motor vehicle negligence case, the Florida District Court of Appeal reversed a jury verdict that had apportioned fault 85% to the rear driver (Saleme) and 15% to the front driver (Trooper Lozano) after a rear-end collision. The court held that Saleme failed to present suf
• Yellow CAB Co. OF ST. Petersburg, Inc. v. Chauncey Betsey
  696 So. 2d 769· Fla. 2d DCA· 1996-11-20 ·cited 11×
  In a negligence action arising from a rear-end collision on a bridge, the court reversed a directed verdict against the taxi driver, holding that he presented sufficient evidence of a sudden emergency that rebutted the presumption of negligence, making negligence a jury question.
• Foster v. Cont'l CAN Corp.
  783 F.2d 731· 7th Cir.· 1986-02-19 ·cited 10×
  The court affirmed the judgment, holding that the jury instructions regarding excuse for statutory violation and the duty of care were proper under Indiana law, and the denial of a new trial motion was not an abuse of discretion.
• D'Aquisto v. Costco Wholesale Corp.
  816 So. 2d 1231· Fla. 5th DCA· 2002-05-31 ·cited 9×
  A newly announced Florida Supreme Court decision establishing a rebuttable presumption of negligence for slip-and-fall cases caused by foreign substances on premises applies retroactively to cases pending on appeal following entry of a summary judgment, even though the opinion re
• Valarie v. Stephens
  207 So. 2d 718· Fla. 4th DCA· 1968-03-13 ·cited 9×
  This wrongful death case involves a rear-end collision between a truck and motorcycle. The trial court granted summary judgment for the defendants based on a presumption of negligence arising from the rear-end impact. The appellate court affirmed, holding that the defendants conc
• Servello & Sons, Inc. v. Sims
  922 So. 2d 234· Fla. 5th DCA· 2005-12-30 ·cited 8×
  The court held that the trial court erred in granting a directed verdict on liability, as the jury's finding of comparative negligence was supported by evidence and should not have been overturned.
• Ward v. United States
  838 F.2d 182· 6th Cir.· 1988-02-03 ·cited 8×
  The court held that the district court's finding that the surgeon did not breach the applicable standard of care was not clearly erroneous, and that medical articles could be considered as evidence even if not received as exhibits.
• Whitworth v. Cuchens
  397 So. 2d 357· Fla. 1st DCA· 1981-04-10 ·cited 8×
  Appellant Whitworth challenged the denial of her directed verdict motion in a rear-end collision case where she was struck by Cuchens' vehicle. The court affirmed, holding that conflicting testimony about whether Whitworth's stop was sudden and whether she had stopped lawfully pr
• Lynx Transp. v. Atkinson
  720 So. 2d 600· Fla. 5th DCA· 1998-10-30 ·cited 6×
  Lynx Transportation appeals a jury verdict finding it liable for injuries sustained by Michael Atkinson in a bus-automobile accident. The appellate court affirmed the judgment, holding that Lynx failed to preserve its argument regarding jury instructions about a rebuttable presum
• Thompson v. Merrell DOW Pharms., Inc.
  766 F.2d 1005· 6th Cir.· 1985-07-15 ·cited 6×
  Actions removed to federal court based on a state law claim that cited a federal statute as evidence of negligence are improperly removed, as they do not present a federal question.
• James D. Hinson Elec. Contracting Co. v. BellSouth Telecomms., Inc.
  642 F. Supp. 2d 1318· M.D. Fla.· 2009-07-13 ·cited 5×
  The Florida Underground Facility Damage Prevention Act does not provide BellSouth with additional remedies beyond common law for damages. Genuine issues of material fact preclude summary judgment on BellSouth's affirmative defenses and Hinson's claims.
• Safeguard Mgmt., Inc. v. Pinedo
  865 So. 2d 672· Fla. 4th DCA· 2004-02-18 ·cited 5×
  Plaintiff Maria Pinedo brought negligence and spoliation claims against an apartment complex owner and management company after slipping and falling in a bathroom. The court reversed the jury verdict on the spoliation claim, holding that an independent cause of action for spoliat
• Armen Melkonian and Diana Melkonian v. Broward Cnty. Bd. of Cnty. Comm'rs
  844 So. 2d 785· Fla. 4th DCA· 2003-05-14 ·cited 5×
  The Fourth District Court of Appeal reversed a jury verdict in a slip-and-fall negligence case, finding that the trial court gave confusing and misleading jury instructions that failed to properly implement the Florida Supreme Court's burden-shifting framework established in Owen
• Terrell McCoy Creekmore and wife v. United States
  905 F.2d 1508· 11th Cir.· 1990-07-13 ·cited 5×
  The court held that the district court erred by applying the doctrine of res ipsa loquitur without making a clear factual finding that the defendants jointly controlled the instrumentality causing the injury.
• Whitworth v. Wal-Mart Stores, Inc.
  805 So. 2d 1106· Fla. 1st DCA· 2002-02-06 ·cited 4×
  Florida appellate court reversed summary judgment in slip-and-fall case, holding that a plaintiff's proof of falling due to a transitory foreign substance creates a rebuttable presumption of negligence, shifting the burden to the defendant to prove reasonable care in premises mai
• Douglas-Seibert v. Riccucci
  84 So. 3d 1086· Fla. 5th DCA· 2012-03-09 ·cited 3×
  In a rear-end collision case, the Fifth District Court of Appeal reversed a jury verdict for the defendants and directed entry of judgment for the plaintiff, holding that the rear driver failed to rebut the presumption of negligence applicable in rear-end collisions where the lea
• USAA Cas. Ins. Co. v. Deehl
  400 So. 3d 689· Fla. 3d DCA· 2024-09-30 ·cited 1×
  USAA Casualty Insurance Company appeals the trial court's denial of summary judgment on comparative fault, grant of directed verdict on comparative fault, and rejection of additur regarding non-economic damages in an uninsured motorist claim. The court affirms all three orders, f
• Seaway Biltmore, Inc. v. Abuchaibe
  Fla. 3d DCA· 2022-09-14
  The appellate court dismissed a petition for certiorari seeking to quash discovery sanctions. The court found that the trial court did not depart from the essential requirements of law by adopting a special magistrate's recommendation to instruct the jury to presume that intentio
• Antokal v. Vicente Llana
  763 So. 2d 1067· Fla. 4th DCA· 1999-08-18
  The Antokals sued Llana for a rear-end motor vehicle collision. The trial court denied the Antokals' motion for directed verdict on liability, but the appellate court reversed, holding that Llana failed to produce evidence rebutting the presumption of negligence applicable in rea