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90 F. Supp. 69·
M.D. Fla.·
1997-08-15
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984 F.2d 527·
1st Cir.·
1993-01-28
The court held that under Puerto Rico law, a plaintiff in a slip-and-fall case must demonstrate the store owner had actual or constructive notice of the dangerous condition and an opportunity to cure it.
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588 So. 2d 678·
Fla. 3d DCA·
1991-11-12
In a medical malpractice action involving an arteriogram procedure, the Florida appellate court reversed the trial court's judgment for the defendant physician, holding that a jury instruction regarding burden of proof and proximate cause was argumentative and confusing and viola
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951 F.2d 961·
9th Cir.·
1991-08-13
The court held that the district court's finding that the plaintiffs failed to prove by a preponderance of the evidence that a military ordnance caused the destruction of the vessel was not clearly erroneous.
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940 F.2d 375·
8th Cir.·
1991-08-02
The court held that res ipsa loquitur does not apply to this medical malpractice case and affirmed the dismissal of the claims.
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923 F.2d 885·
D.C. Cir.·
1991-01-18
The court held that the district court did not err in denying Otis' motion for a directed verdict and in giving a res ipsa loquitur instruction, as sufficient evidence supported a jury inference of negligence.
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907 F.2d 299·
2d Cir.·
1990-06-27
The court held that the district court erred in submitting the case to the jury on theories of res ipsa loquitur and standard negligence because the plaintiff failed to establish exclusive control or a prima facie case.
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554 So. 2d 619·
Fla. 3d DCA·
1989-12-26
The court held that the plaintiff presented sufficient evidence to go to the jury under the doctrine of res ipsa loquitur, and the trial court erred in granting a directed verdict.
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893 F.2d 666·
5th Cir.·
1989-12-21
The court held that the plaintiff failed to prove the VA's negligence in administering medication was the cause in fact of the decedent's death.
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555 So. 2d 382·
Fla. 3d DCA·
1989-11-07
An elevator owned and maintained by defendants dropped three floors and stopped abruptly, causing plaintiff injuries. The trial court directed a verdict for defendants, finding no evidence of negligence, but the appellate court reversed, holding that the doctrine of res ipsa loqu
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548 So. 2d 861·
Fla. 4th DCA·
1989-09-13
Appellants appeal a jury verdict in their favor against Florida Power and Light Company arising from a collision with a downed power line. The appellate court affirmed the judgment, rejecting arguments that the trial court erred in refusing to reinstruct the jury on res ipsa loqu
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535 So. 2d 349·
Fla. 3d DCA·
1988-12-20
In this personal injury negligence case, the appellate court reversed the trial court's remittitur that reduced a jury verdict from $104,000 to $50,000, holding that the verdict was fully supported by the evidence and that the trial court improperly substituted its judgment for t
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835 F.2d 389·
1st Cir.·
1987-12-17
The court held that the trial court did not err in admitting hearsay testimony under the present sense impression exception, refusing a res ipsa loquitur instruction, refusing jury instructions on inferring defect from malfunction, directing a verdict on misrepresentation, denyin
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573 F. Supp. 234·
S.D. Fla.·
1987-10-16
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814 F.2d 209·
5th Cir.·
1987-04-10
The court held that it would not reverse the plaintiffs' judgment against the defendants to allow a retrial of contribution claims against third-party defendants, despite a prior erroneous ruling on those claims.
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485 So. 2d 843·
Fla. 4th DCA·
1986-03-05
The court held that the doctrine of res ipsa loquitur was applicable, creating a presumption of negligence that made a directed verdict inappropriate.
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712 F.2d 171·
5th Cir.·
1983-08-15
The court held that the filing of a prior wrongful death action interrupted the statute of limitations for a subsequent property damage action arising from the same facts and asserting identical legal theories, even though the prior action was dismissed.
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699 F.2d 521·
11th Cir.·
1983-03-03
The court held that the standard of care owed by an amusement park operator to its patrons is ordinary care, not extraordinary care, and that res ipsa loquitur was not applicable to the facts presented.
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593 F.2d 127·
10th Cir.·
1979-02-26
The court held that the trial court did not err in refusing to give jury instructions on res ipsa loquitur or on treating the defendant's statement as a conclusive admission of negligence.
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356 So. 2d 869·
Fla. 4th DCA·
1978-03-21
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560 F.2d 373·
8th Cir.·
1977-08-03
The court held that the plaintiff failed to establish negligence by the hospital staff, as the evidence did not support a finding that the search was not diligent or that the hospital breached its duty of care to the patient.
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45 Fla. Supp. 160·
Fla. Cty. Ct.·
1976-01-30
Homebuyers sued a condominium developer for damages caused by a clogged plumbing system resulting from misuse by construction workers. The court found the developer liable under three theories: breach of express and implied warranties, res ipsa loquitur, and negligence in failing
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495 F.2d 754·
7th Cir.·
1974-04-10
The court held that there was insufficient evidence to prove the bottle was defective or that the manufacturer's actions were the proximate cause of the plaintiff's injuries.
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491 F.2d 327·
1st Cir.·
1974-02-11
The court held that the trial court's jury instructions on negligence were adequate under Massachusetts law, and no special instruction on inferring negligence from exclusive control was required.
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39 Fla. Supp. 73·
Dade Cty. Cir. Ct.·
1973-08-16
In this medical malpractice case, the trial court denied the defendant hospital's motion for new trial, affirming a jury verdict for the plaintiff. The court upheld both the res ipsa loquitur jury instruction and the damages award, rejecting the defendant's arguments that the ins
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483 F.2d 428·
5th Cir.·
1973-07-25
A new trial is required because conversations between a juror and a defendant's representative, even if about unrelated matters, create an appearance of impropriety and inherent harm that violates the integrity of the jury system.
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474 F.2d 290·
10th Cir.·
1973-02-26
The court held that the plaintiffs failed to present substantial evidence to support their theories of negligence, breach of warranty, or strict liability, and thus the trial court's grant of directed verdicts was justified.
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475 F.2d 364·
D.C. Cir.·
1973-02-09
The court held that a jury could properly infer negligence from the fact that a surgical sponge was left in a patient's abdomen, and the trial court erred in granting judgment notwithstanding the verdict.
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448 F.2d 332·
6th Cir.·
1971-09-29
The court held that the owner (CG&E) is not liable for injuries to an independent contractor's employee when the work is inherently dangerous and the employee is aware of the risks, absent proof of the owner's negligence or control.
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446 F.2d 41·
10th Cir.·
1971-08-10
The court held that the trial court correctly directed a verdict for the defendant because the plaintiffs failed to present evidence of actionable negligence by the manufacturer-shipper.
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436 F.2d 547·
5th Cir.·
1971-01-04
This case involves a dissent arguing that the trial court did not abuse its discretion by excluding defense witnesses who were not disclosed according to discovery rules, and that the defendant failed to demonstrate prejudice.
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230 So. 2d 689·
Fla. 1st DCA·
1970-02-03
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414 F.2d 248·
6th Cir.·
1969-07-29
The court held that the district judge did not err in refusing to direct a verdict for the plaintiff under res ipsa loquitur and did not commit reversible error in his jury charge.
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389 F.2d 602·
6th Cir.·
1968-01-26
The court considered a petition for apportionment of mineral rights and addressed objections to expert testimony and motions for directed verdict, ultimately finding it unnecessary to rule on the expert's qualifications.
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385 F.2d 779·
9th Cir.·
1967-11-17
The court affirmed the dismissal, holding that even if the trial judge mistakenly believed res ipsa loquitur was inapplicable in non-jury cases, the outcome would not have changed because the plaintiff failed to establish exclusive control.
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380 F.2d 986·
3d Cir.·
1967-07-11
The court held that the plaintiff was entitled to a directed verdict on liability because the defendant's own evidence established the cause of the accident and the defendant's negligence.
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377 F.2d 37·
1st Cir.·
1967-05-03
The court held that the trial court erred in directing a verdict for the gas company, but correctly directed a verdict for Rockwell Manufacturing Company.
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374 F.2d 789·
6th Cir.·
1967-03-24
The court held that the medical records were admissible as business records and that the defendant's testimony did not preclude the introduction of evidence contradicting his earlier statements regarding the plaintiff's location.
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375 F.2d 688·
7th Cir.·
1967-03-22
The court held that the trial court did not err in submitting claims of negligence and breach of implied warranty to the jury, and the jury's verdict was supported by the evidence.
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373 F.2d 78·
3d Cir.·
1967-02-02
The court held that testimony regarding statements made to Corporal Filer should not have been excluded as a matter of law and that there was sufficient evidence to submit the case to the jury.
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188 So. 2d 561·
Fla. 3d DCA·
1966-07-05
A Pullman porter employed by the Pullman Company sued Atlantic Coast Line Railroad for head injuries sustained while working aboard a railroad train. The court held that the porter was not a passenger of the railroad but rather an employee of the Pullman Company in a special cont
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183 So. 2d 585·
Fla. 2d DCA·
1966-02-16
The court held that a ship owner is not liable for injuries caused by a borrowed ladder not adopted as ship's gear, absent knowledge or reason to know of its defect.
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355 F.2d 165·
6th Cir.·
1966-01-21
The court held that the trial court did not err in refusing to instruct the jury on res ipsa loquitur because the plaintiff presented evidence establishing the defect and the defendant's notice.
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349 F.2d 553·
5th Cir.·
1965-08-12
The court held that the doctrine of res ipsa loquitur cannot be invoked when the identity of the instrumentality causing the injury has not been established, and the trial judge's finding that the evidence was insufficient to establish this was not clearly erroneous.
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339 F.2d 993·
7th Cir.·
1965-01-05
The court held that the presumption of an employee acting within the scope of employment, typically applied to automobile drivers, does not extend to other instrumentalities like a motel room and its contents.
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167 So. 2d 760·
Fla. 3d DCA·
1964-09-22
The appellate court affirmed a directed verdict for the defendants in a personal injury case. The plaintiff's sole theory was res ipsa loquitur, but the court found the evidence insufficient to apply the doctrine to General Motors and showed the other defendants exercised due car
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334 F.2d 931·
6th Cir.·
1964-07-24
The court held that the plaintiffs failed to prove negligence or proximate cause for the alleged malpractice by government doctors, and that the trial court's findings were not clearly erroneous.
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334 F.2d 309·
6th Cir.·
1964-07-08
The court held that there was no evidence of negligence by the defendants, and therefore, the trial court did not err in directing a verdict in their favor.
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327 F.2d 921·
3d Cir.·
1964-02-07
A prior finding of fact in an exoneration proceeding is not binding on a party who withdrew their claim before the findings were made.
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325 F.2d 491·
9th Cir.·
1963-12-09
The court held that the defendant railroad presented sufficient evidence of potential causes for which it would not be responsible, allowing the case to go to the jury, and that the jury instructions were proper.