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234 F.2d 811·
5th Cir.·
1956-06-22
·cited 2×
The court affirmed the lower court's judgment, finding no error in the denial of the plaintiff's claims.
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227 F.2d 442·
10th Cir.·
1955-11-02
·cited 2×
The court held that there was sufficient evidence of ownership and negligence to submit the case to the jury, and that the issues of contributory negligence and jury instructions were properly handled.
-
217 F.2d 236·
5th Cir.·
1954-12-02
·cited 2×
The court held that the evidence was insufficient to support the jury's verdicts for the plaintiffs on claims of negligence, wanton misconduct, and trespass.
-
213 F.2d 246·
6th Cir.·
1954-05-31
·cited 2×
The court held that the doctrine of res ipsa loquitur was applicable and the case should have been submitted to the jury, as the evidence was insufficient to sustain a directed verdict.
-
204 F.2d 880·
6th Cir.·
1953-06-10
·cited 2×
The court held that where the defendant presented evidence rebutting the inference of negligence under res ipsa loquitur and the cause of the passenger's death was speculative, a directed verdict for the defendant should have been granted.
-
197 F.2d 614·
3d Cir.·
1952-06-27
·cited 2×
The court held that the violent explosion of a beer bottle, coupled with the absence of evidence of mishandling after purchase, provided sufficient circumstantial evidence for a jury to infer negligence on the part of the defendant manufacturer.
-
182 F.2d 739·
4th Cir.·
1950-06-10
·cited 2×
The court held that the evidence did not support a finding of negligence by the operator of the yacht, and thus affirmed the lower court's decision.
-
168 F.2d 496·
7th Cir.·
1948-05-24
·cited 2×
The court held that the jury was properly instructed and that the defendant failed to rebut the presumption of negligence under the doctrine of res ipsa loquitur.
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163 F.2d 910·
D.C. Cir.·
1947-10-13
·cited 2×
The court held that a person standing on a streetcar loading platform with an undisclosed intention to board does not attain passenger status without additional circumstances.
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163 F.2d 296·
9th Cir.·
1947-08-18
·cited 2×
The court held that the seaman failed to prove negligence for his injury and that while maintenance was improperly denied, he failed to prove entitlement to more than he received.
-
162 F.2d 884·
4th Cir.·
1947-06-16
·cited 2×
The judgment of the District Court should be affirmed because the evidence shows the truck collided with the bridge, and there was no legal duty to install guards.
-
162 F.2d 24·
9th Cir.·
1947-06-09
·cited 2×
The court held that the evidence was sufficient to support the finding of negligence under the Federal Employers' Liability Act and that the doctrine of res ipsa loquitur was applicable.
-
144 F.2d 733·
8th Cir.·
1944-10-09
·cited 2×
The court held that the trial court's jury instructions adequately covered the defendant's requested instruction regarding proximate cause and the necessity of finding negligence.
-
132 F.2d 982·
9th Cir.·
1943-01-07
·cited 2×
The court held that the inference of negligence under res ipsa loquitur does not disappear when met with evidence of due care, and that the trial court did not abuse its discretion in finding the defendant's evidence insufficient to rebut the inference. However, the cause must be
-
120 F.2d 208·
9th Cir.·
1941-06-03
·cited 2×
The court held that cattle owners have a duty of ordinary care to prevent their cattle from causing collisions on highways, despite common law rules to the contrary, due to changed conditions.
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111 Fla. 524·
Fla.·
1933-07-20
·cited 2×
Tampa Electric Co. appeals a $15,000 judgment for personal injuries after a streetcar struck a passenger who had just alighted. The Florida Supreme Court affirmed the judgment, holding that the doctrine of res ipsa loquitur applied because the streetcar left its track due to a br
-
58 Fla. 337·
Fla.·
1909-06-01
·cited 2×
A passenger injured when a Pensacola Electric Company streetcar suddenly started while she was alighting sued for negligence. The Florida Supreme Court affirmed the judgment, holding that a statute making injury from a streetcar prima facie evidence of negligence properly shifted
-
309 So. 3d 311·
Fla. 5th DCA·
2020-12-30
·cited 1×
Orange County appealed a jury verdict finding it negligent for injuries sustained when a gate at the county jail closed on a visitor. The court reversed, holding that the plaintiff failed to establish the elements required for a res ipsa loquitur instruction because she presented
-
299 So. 3d 1170·
Fla. 2d DCA·
2020-07-08
·cited 1×
The appellate court reversed a summary judgment for the defendant condominium association in a premises liability case. The court found that genuine issues of material fact existed regarding whether the association acted reasonably in maintaining its elevator, which malfunctioned
-
662 So. 2d 720·
Fla. 4th DCA·
1995-10-05
·cited 1×
The court held that the trial court did not err in refusing to give a res ipsa loquitur jury instruction because the plaintiff's injury was directly related to the medical treatment received.
-
996 F.2d 186·
7th Cir.·
1993-06-17
·cited 1×
The court held that a defendant is entitled to an evidentiary hearing on a double jeopardy claim if the prosecutor's explanation for conduct precipitating a mistrial is insufficient or if there are residual doubts about intent.
-
567 So. 2d 562·
Fla. 4th DCA·
1990-10-10
·cited 1×
The court held that summary judgment was premature because the record did not demonstrate the absence of a genuine issue of material fact.
-
541 So. 2d 1195·
Fla. 3d DCA·
1988-10-18
·cited 1×
A car buyer injured when a defective transmission caused her vehicle to roll backward sued the dealer under warranty. The trial court improperly granted summary judgment without expert testimony, but Florida law permits res ipsa loquitur to apply when a vehicle presents persisten
-
201 So. 2d 257·
Fla. 1st DCA·
1967-07-18
·cited 1×
In this medical malpractice appeal, Halifax Hospital District challenges a jury verdict in favor of patient Bobby Davis, who contracted tetanus after being treated for oyster shell wounds in the hospital's emergency room. The appellate court reversed, holding that plaintiff faile
-
312 F.2d 21·
4th Cir.·
1963-01-04
·cited 1×
The court held that there was sufficient evidence of probable cause to go to the jury, that the doctrine of res ipsa loquitur was applicable, and that the trial court did not err in its jury instructions or in requiring further deliberation.
-
S.D. Fla.·
2026-01-28
The court held that plaintiffs failed to present evidence of actual or constructive notice of the dangerous condition, which is a prerequisite for a negligence claim under maritime law.
-
S.D. Fla.·
2025-08-21
Summary judgment is granted because the plaintiff failed to present evidence of the cruise line's actual or constructive notice of the dangerous condition (glass in food), and the doctrine of res ipsa loquitur does not obviate this notice requirement.
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S.D. Fla.·
2025-01-29
The court held that the plaintiffs failed to present competent evidence that the airline breached its duty of care, thus summary judgment for the defendant was granted.
-
N.D. Fla.·
2024-09-30
The court held that the plaintiff's general causation expert's testimony was inadmissible because it lacked a reliable scientific foundation, failing to establish a causal link between PAH exposure and prostate cancer.
-
M.D. Fla.·
2024-09-13
Summary judgment is granted because plaintiffs failed to present evidence of negligence or satisfy the elements for res ipsa loquitur.
-
Fla. 2d DCA·
2024-03-22
A patient is entitled to invoke the doctrine of res ipsa loquitur in a medical negligence action when he presents evidence that (1) his injuries were unrelated to his medical treatment, (2) the hospital had exclusive control over the instrumentality causing the injury, and (3) su
-
S.D. Fla.·
2023-11-14
A plaintiff's guilty plea or nolo contendere plea to a criminal charge arising from an incident bars subsequent civil claims for malicious prosecution and false imprisonment, as the plea establishes probable cause. Furthermore, res ipsa loquitur is not a standalone cause of actio
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M.D. Fla.·
2023-10-27
The court held that plaintiffs failed to plead sufficient factual allegations to support plausible claims for negligence against Ace Tire and Axle, LLC.
-
N.D. Fla.·
2023-07-10
Summary judgment is granted on negligent manufacturing claims due to lack of defect evidence and failure to meet res ipsa loquitur requirements. Summary judgment is denied on negligent misrepresentation claims as factual issues exist regarding material misrepresentations and reli
-
S.D. Fla.·
2022-07-28
An explosion and fire destroyed a motorboat at a fuel dock at Bahia Mar Marina in Fort Lauderdale on January 17, 2021, injuring the boat's owner Reichen Kuhl and damaging a nearby yacht. Kuhl sought to limit his liability under federal maritime law, while the yacht's owner sued K
-
S.D. Fla.·
2022-05-27
Eric Ewing, a disabled veteran injured aboard a Carnival cruise ship when an upper bunk bed fell on his head, was awarded a new trial after a jury had previously returned a verdict in Carnival's favor, because the trial court erred by allowing Carnival to present an unauthenticat
-
S.D. Fla.·
2021-12-28
The court denied plaintiffs' motion for partial summary judgment because they failed to comply with local rules and did not present sufficient facts to support their negligence claim under the doctrine of res ipsa loquitur.
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M.D. Fla.·
2021-08-11
The court held that the plaintiff failed to present evidence of actual or constructive knowledge of the spill, and the negligent mode of operation theory is no longer viable under Florida law after the enactment of Fla. Stat. § 768.0755.
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S.D. Fla.·
2020-12-18
A plaintiff must plausibly allege actual or constructive notice of a risk-creating condition to state a claim for negligence under federal maritime law, even when proceeding under a vicarious liability theory.
-
M.D. Fla.·
2020-12-04
The court denied plaintiff's motions for partial summary judgment on liability and causation, finding genuine disputes of material fact and that a full trial would be the better course.
-
Del. Ch.·
2020-07-22
The Court of Chancery properly dismissed the plaintiff's claims for breach of the implied covenant of good faith and fair dealing and breach of fiduciary duty. The complaint failed to plead sufficient facts to put defendants on notice of the claims, did not establish a gap in the
-
S.D. Fla.·
2020-07-07
A passenger injured when an upper bunk bed fell on him aboard a Carnival cruise ship sued for negligence, and the court denied summary judgment motions filed by both parties. The court held that under federal maritime law, a cruise ship operator must have actual or constructive n
-
M.D. Fla.·
2020-01-29
The court held that claims against Circustrix Holdings, LLC were dismissed with prejudice for insufficient pleading, and certain claims against 2Infinity Florida, LLC were dismissed with prejudice for failing to state a claim or being improperly pleaded as a separate cause of act
-
M.D. Fla.·
2019-10-22
The court held that the plaintiff presented sufficient evidence to invoke the doctrine of res ipsa loquitur, creating a genuine issue of material fact regarding the defendant's negligence.
-
Del. Super. Ct.·
2019-05-17
The court granted summary judgment for the defendants on multiple claims. The court held that the informed consent claim failed because the hysterectomy was an emergency procedure. Medical negligence claims regarding the performance of the episiotomy and hysterectomy were dismiss
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253 So. 3d 531·
Fla.·
2018-09-13
The Florida Supreme Court approved proposed amendments to the Standard Jury Instructions in Civil Cases, primarily modifying instructions on medical negligence and vicarious liability. The amendments clarify ambiguous language regarding the standard of care in medical negligence
-
Del. Super. Ct.·
2018-02-15
The court denied the defendants' renewed motion for judgment as a matter of law, motion for a new trial, and motion for remittitur, affirming the jury's $3 million verdict. The court found that the expert testimony was admissible, the jury's verdict was supported by competent evi
-
192 So. 3d 1183·
Fla.·
2016-04-21
The Florida Supreme Court approved amendments to four existing standard jury instructions and authorized a new instruction on failure to maintain evidence or keep records. This administrative decision addresses how juries should be instructed on evidence loss, medical negligence,
-
Del. C.P.·
2012-04-02
The appellate court affirmed the trial court's judgment for the plaintiffs, finding that Roman Oil Company's negligence was the primary cause of the oil spill and that the plaintiffs' contributory negligence did not bar recovery under Delaware's comparative negligence statute. Th
-
Del.·
2010-07-08
The Delaware Supreme Court held that a liver biopsy can be considered a "surgical procedure" under 18 Del. C. § 6853(e)(3), and that performing such a procedure which results in the retrieval of kidney tissue constitutes a procedure on the "wrong organ or part of the patient's bo