Res Ipsa Loquitur

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

• Visingardi v. Tirone
  193 So. 2d 601· Fla.· 1966-11-23 ·cited 192×
  In a wrongful death action arising from a patient's death following gynecological surgery, the Florida Supreme Court reversed summary judgment against the plaintiff, holding that a trial court improperly struck an expert affidavit opposing summary judgment by applying the plainti
• Mars Steel Corp. v. Cont'l Bank N.A.
  880 F.2d 928· 7th Cir.· 1989-07-20 ·cited 186×
  The court concurred that sanctions were correctly imposed, despite disagreement on the standard of review.
• United AIR Lines, Inc. v. Wiener
  335 F.2d 379· 9th Cir.· 1964-06-24 ·cited 185×
  The court held that the district court correctly applied California law regarding the doctrine of res ipsa loquitur, and that there was sufficient evidence to support findings of negligence against both United and the government.
• Cassisi v. The Maytag Co.
  396 So. 2d 1140· Fla. 1st DCA· 1981-03-11 ·cited 147×
  The Cassisis sought recovery for a house fire allegedly caused by a defective Maytag clothes dryer purchased from McDuff Appliances under strict liability, negligence, and warranty theories. The court reversed summary judgment and adopted the Greco inference, holding that when a
• Helene Curtis Indus., Inc. v. Edd Pruitt and Marjorie Ann Pruitt
  385 F.2d 841· 5th Cir.· 1967-10-20 ·cited 140×
  The court held that the evidence was insufficient as a matter of law to establish that the mixture of products was defective or unreasonably dangerous, and that the plaintiff was not within the class of intended users for the products.
• Jacksonville v. Peninsular Land
  27 Fla. 1· Fla.· 1891-01-01 ·cited 140×
  Jacksonville, Tampa & Key West Railway Company appeals a jury verdict of $52,909.03 in favor of Peninsular Land, Transportation and Manufacturing Company for damages caused by a fire that destroyed plaintiff's buildings and property in Tavares, Florida on April 9, 1888. The fire
• Edwards v. Sears
  512 F.2d 276· 5th Cir.· 1975-04-25 ·cited 139×
  The court held that prejudicial closing arguments and jury passion/prejudice tainted both liability and damages, necessitating a new trial.
• Petterson v. Alaska S. S. Co., Inc.
  205 F.2d 478· 9th Cir.· 1953-06-19 ·cited 134×
  A vessel owner is liable for injuries to a stevedore caused by unseaworthiness, even if the stevedore's employer controlled the area, as the duty is absolute and non-delegable.
• Tesoriero v. Carnival Corp.
  965 F.3d 1170· 11th Cir.· 2020-07-14 ·cited 114×
  Passenger Irina Tesoriero sued Carnival Corporation for negligence after a cabin chair collapsed beneath her during a cruise, injuring her arm, but the Eleventh Circuit affirmed summary judgment for Carnival, holding that Tesoriero failed to establish that Carnival had actual or
• Goodyear Tire & Rubber Co. & Travelers Ins. Co. v. Hughes Supply, Inc.
  358 So. 2d 1339· Fla.· 1978-03-02 ·cited 113×
  The Florida Supreme Court consolidated two tire blowout personal injury cases to address whether the doctrine of res ipsa loquitur applies in products liability cases where direct evidence of negligence exists. The Court held that res ipsa loquitur is unavailable in tire blowout
• Kicklighter v. Nails BY Jannee, Inc.
  616 F.2d 734· 5th Cir.· 1980-04-30 ·cited 101×
  The court held that the district court correctly granted judgment notwithstanding the verdict on punitive damages, but erred in giving a res ipsa loquitur charge, requiring reversal and remand for a new trial.
• Chenoweth v. William L. Kemp, M.D.
  396 So. 2d 1122· Fla.· 1981-04-02 ·cited 98×
  Ruth Chenoweth appealed a judgment for defendants in a medical malpractice case arising from a hysterectomy, challenging the constitutionality of Florida's medical malpractice reform statutes and the exclusion of expert testimony. The Florida Supreme Court affirmed the judgment,
• Pierce v. Ford Motor Co.
  190 F.2d 910· 4th Cir.· 1951-08-10 ·cited 93×
  Summary judgments were improperly granted as substantial issues of fact existed regarding the manufacturer's negligence and the proximate cause of the accident. Third-party practice cannot be used to circumvent jurisdictional requirements.
• Chicago & N. W. Ry. Co. v. Green
  164 F.2d 55· 8th Cir.· 1947-10-27 ·cited 90×
  The court held that the trial court erred in refusing to give a specific jury instruction requested by the defendant regarding its defense that the derailment was caused by an undiscoverable rail fissure.
• Trowbridge v. Abrasive Co. of Philadelphia
  190 F.2d 825· 3d Cir.· 1951-07-25 ·cited 88×
  The court held that there was sufficient evidence of negligence to support the jury's verdict and that the trial court did not abuse its discretion in qualifying the expert witness or in denying a new trial based on the verdict amount.
• Daniels v. Twin Oaks Nursing Home
  692 F.2d 1321· 11th Cir.· 1982-12-06 ·cited 87×
  The court held that a claim of negligent wrongful death against a nursing home does not present a substantial federal question under 42 U.S.C. § 1983, and therefore, the federal court lacks jurisdiction over the § 1983 claim and any pendent state law claims.
• Foster v. Thornton
  125 Fla. 699· Fla.· 1936-09-21 ·cited 86×
  In this malpractice case, the Florida Supreme Court affirmed a judgment against a chiropractor who allegedly caused a patient's death through negligent application of excessive force during a cervical adjustment, resulting in a fatal brain hemorrhage. The decision upholds the adm
• Orme v. Burr
  157 Fla. 378· Fla.· 1946-05-03 ·cited 85×
  Two widow plaintiffs appealed jury verdicts in favor of the administrator of Andrew Crawford's estate, seeking damages for the wrongful deaths of their husbands who died in a single-vehicle crash allegedly caused by Crawford's gross negligence or wilful and wanton misconduct. The
• Yarbrough v. Ball U-Drive Sys.
  48 So. 2d 82· Fla.· 1950-10-17 ·cited 79×
  The Florida Supreme Court held that a jury should have been allowed to consider negligence under the doctrine of res ipsa loquitur in a case where a rented truck malfunctioned, causing death and injury. The court found that the rental company implicitly represented the truck was
• Unwin v. Police Officer Robert Campbell
  863 F.2d 124· 1st Cir.· 1988-12-09 ·cited 74×
  The dissent argues that interlocutory appeals for qualified immunity should not extend to purely factual determinations of evidence sufficiency.
• Am. Dist. Elec. Protective Co. v. Seaboard Air Line Ry. Co.
  129 Fla. 518· Fla.· 1937-03-29 ·cited 73×
  A protective company contracted to maintain a fire alarm signal system for a railway company "in good order." A sagging wire from the system struck and injured the railway's employee, for which the railway paid settlement damages. After a jury verdict for the protective company d
• Holman v. Ford Motor Co.
  239 So. 2d 40· Fla. 1st DCA· 1970-09-03 ·cited 69×
  Holman sued Ford Motor Company for brake failure in his Thunderbird that caused him to collide with another vehicle to avoid hitting pedestrians. The trial court initially granted a directed verdict on an implied warranty count but later withdrew it when Holman voluntarily nonsui
• Ramsouer v. Midland Valley R. Co.
  135 F.2d 101· 8th Cir.· 1943-04-07 ·cited 69×
  The court held that the evidence presented a genuine issue of material fact regarding the defendant's negligence, making summary judgment improper.
• Bratt v. W. Air Lines, Inc.
  155 F.2d 850· 10th Cir.· 1946-05-20 ·cited 67×
  The court held that the trial court erred in excluding the expert opinion testimony of an aviation mechanic regarding the cause of a plane crash and the testimony of a lay witness regarding unusual engine sounds.
• New Amsterdam Cas. Co. v. Soileau
  167 F.2d 767· 5th Cir.· 1948-05-07 ·cited 66×
  The court held that the insurer is liable for the minor's injuries because his employment violated Louisiana child labor laws, rendering the policy exclusion for employees inapplicable, and that interest should accrue from the date of judicial demand.
• Poignant v. United States
  225 F.2d 595· 2d Cir.· 1955-07-22 ·cited 64×
  The court remanded for further findings and a retrial on the issue of unseaworthiness, emphasizing that the standard for seaworthiness is not solely based on general industry practice but on what reasonable prudence requires.
• Wellman v. Faulkner
  715 F.2d 269· 7th Cir.· 1983-08-09 ·cited 63×
  The court held that the medical care at Michigan City prison was constitutionally inadequate due to deliberate indifference to serious medical needs, reversing and remanding for further relief. It affirmed the district court's findings on the totality of conditions and specific v
• Mrs. Francis Nell Higginbotham v. Mobil OIL Corp.
  545 F.2d 422· 5th Cir.· 1977-01-13 ·cited 61×
  The court held that the trial court erred in applying the doctrine of res ipsa loquitur based on an insufficient standard of proof and a lack of adequate evidence.
• Mrs. Eunice E. Orr v. Avon Fla. Citrus Corp.
  130 Fla. 306· Fla.· 1937-11-27 ·cited 61×
  A widow sued a citrus corporation for wrongful death after her husband was killed in a multi-vehicle collision allegedly caused by negligence of the corporation's agent. The Florida Supreme Court reversed a directed verdict, holding that the question of negligence and the agent's
• Jacksonville Elec. Co. v. Sloan
  52 Fla. 257· Fla.· 1906-06-01 ·cited 60×
  Jacksonville Electric Company appeals a $14,000 wrongful death verdict for an employee (Sloan) electrocuted while working on a broken power line. The Florida Supreme Court affirmed, holding that the company had a duty to ensure workers' safety and that evidence supported the jury
• Knight v. Otis Elevator Co. & Hartford Ins. Grp. & Atwell
  596 F.2d 84· 3d Cir.· 1979-03-29 ·cited 59×
  The court held that the trial court erred in excluding expert testimony on design defect and in directing a verdict for Otis Elevator Company, but affirmed directed verdicts for Hartford Insurance Group and AVS, and the exclusion of evidence of subsequent repairs.
• Skinner v. Ochiltree
  5 So.2d 605· Fla.· 1941-12-09 ·cited 59×
  This case reviews a jury verdict for the defendant in a negligence lawsuit arising from a shooting incident at a skeet range. The appellate court reversed the judgment, finding that the trial court erred in refusing to give certain jury instructions related to negligence and res
• Conley v. Boyle Drug Co.
  570 So. 2d 275· Fla.· 1990-11-01 ·cited 56×
  The Florida Supreme Court adopted a market-share alternate liability theory for DES cases, permitting plaintiffs unable to identify the specific manufacturer of the drug that caused their injury to proceed against manufacturers who produced the type of DES involved. This landmark
• Ry. Express Agency, Inc. v. Haskell V. Fulmer
  227 So. 2d 870· Fla.· 1969-11-12 ·cited 54×
  Railway Express Agency challenges a District Court decision reversing a judgment in a personal injury case arising under Florida's hazardous occupations statute. The Florida Supreme Court affirmed the reversal, holding that a trial court's inadvertent omission of a comparative ne
• Louis Dreyfus & CIE. v. Panama Canal Co.
  298 F.2d 733· 5th Cir.· 1962-01-18 ·cited 54×
  The court held that the trial judge's finding that the Panama Canal pilot exercised due care was not clearly erroneous, and thus affirmed the judgment against the libelant.
• Donovan v. Esso Shipping Co.
  259 F.2d 65· 3d Cir.· 1958-08-07 ·cited 54×
  The court held that it lacked jurisdiction to review the maintenance and cure claim due to the specific wording of the notice of appeal, and affirmed the dismissal of the negligence and unseaworthiness claims.
• Palmer v. Miller
  145 F.2d 926· 8th Cir.· 1944-12-18 ·cited 54×
  The court held that repeating a precautionary instruction, which minimized the probative value of a key circumstance, in response to a jury's question was prejudicial error.
• O'Reilly v. Sattler
  141 Fla. 770· Fla.· 1940-02-16 ·cited 54×
  This case clarifies Florida's guest statute, holding that a passenger must prove "gross negligence or wilful and wanton misconduct" to recover damages from a vehicle owner or operator. The court found the evidence insufficient to meet this high standard.
• Unicare Health Facilities, Inc. v. Mort
  553 So. 2d 159· Fla.· 1989-11-02 ·cited 53×
  The Florida Supreme Court held that acceptance of an offer of judgment under Rule 1.442 that is silent on attorney's fees terminates all litigation and forecloses postjudgment recovery of statutory attorney's fees. The court rejected the argument that statutory attorney's fees ca
• Abbie F. Evans v. S. J. Groves & Sons Co. (incorporated State of Minnesota)
  315 F.2d 335· 2d Cir.· 1963-03-20 ·cited 50×
• The Greyhound Corp. v. Sudella Ford
  157 So. 2d 427· Fla. 2d DCA· 1963-10-04 ·cited 49×
  Greyhound Corporation appeals a jury verdict in a negligence case arising from a rear-end collision. The appellate court reversed and remanded for a new trial, holding that the trial judge's jury instruction on the presumption of negligence from rear-end collisions was erroneous
• Murphy v. Georgia-Pacific Corp.
  628 F.2d 862· 5th Cir.· 1980-10-23 ·cited 48×
  The court held that a paper company undertaking major new construction is not a statutory employer, and that evidence of inflation should be admissible for damages in a diversity case governed by state law.
• Simpson v. Skelly OIL Co.
  371 F.2d 563· 8th Cir.· 1967-02-03 ·cited 48×
  The dissenting judge would affirm the trial court's judgment n.o.v. because there was insufficient evidence of negligence proximately causing the plaintiff's injuries.
• Miller v. Brazel
  300 F.2d 283· 10th Cir.· 1962-01-30 ·cited 48×
  The court held that while an instruction on contributory negligence was erroneously given, it was not reversible error given the general verdict. The court also affirmed the refusal to instruct on res ipsa loquitur as it was raised too late and factually inapplicable.
• Tex. & Pac. Ry. Co. v. Buckles
  232 F.2d 257· 5th Cir.· 1956-04-06 ·cited 48×
  The court held that the doctrine of res ipsa loquitur should not have been applied when all facts and evidence were presented to the jury.
• Salem Dandashi and Mansham Dandashi v. Fine
  397 So. 2d 442· Fla. 3d DCA· 1981-04-28 ·cited 47×
  A carpenter suffered vision loss in his left eye following orbital floor surgery. He sued his surgeons for medical malpractice, claiming negligence and lack of informed consent. The appellate court reversed directed verdicts against him and remanded for trial, holding that the tr
• Walker v. Harris
  335 F.2d 185· 5th Cir.· 1964-06-18 ·cited 47×
  A vessel is unseaworthy if it cannot withstand reasonably anticipated weather conditions, and a lifeboat must be adequately equipped and stowed to be considered seaworthy.
• Dreiling v. Gen. Elec. Co.
  511 F.2d 768· 5th Cir.· 1975-04-18 ·cited 46×
  The court held that the trial judge did not abuse discretion in denying the plaintiff's motions for judgment n.o.v. or a new trial, as reasonable minds could differ on the evidence presented regarding negligence and product defect.
• P. W. Siebrand & Hiko Siebrand v. Gossnell
  234 F.2d 81· 9th Cir.· 1956-05-23 ·cited 46×
  The court held that an order denying a motion to satisfy a judgment is not a final decision and thus not immediately appealable. It also held that separate verdicts and damages against a servant and a master, based on the servant's negligent operation and the master's independent
• United States v. Hull
  195 F.2d 64· 1st Cir.· 1952-03-19 ·cited 46×
  The United States can be held liable under the Federal Tort Claims Act for an employee's negligent omission, even if the employee would not be personally liable for nonfeasance under state law.