Res Ipsa Loquitur

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

• Pillet v. Ershick
  99 Fla. 483· Fla.· 1930-03-08 ·cited 46×
  Alexis Pillet appeals a judgment for J. D. Ershick, a pedestrian injured when Pillet's automobile struck him in a marked safety zone at a St. Petersburg street intersection. The Florida Supreme Court affirms, holding that drivers of motor vehicles owe pedestrians in marked safety
• Smith v. Borg-Warner Corp.
  626 F.2d 384· 5th Cir.· 1980-09-22 ·cited 44×
  The court affirmed the jury's verdict for the defendant, finding no reversible error in the jury instructions or evidentiary rulings.
• Stewart v. Ford Motor Co. & Steuart Motor Co.
  553 F.2d 130· D.C. Cir.· 1977-02-09 ·cited 44×
  The court held that the evidence was insufficient as a matter of law to negate probable causes of the accident other than a defect in the automobile, and thus the jury instructions were properly refused.
• Marrero v. Malcolm G. Goldsmith, M.D.
  486 So. 2d 530· Fla.· 1986-01-23 ·cited 43×
  The Florida Supreme Court held that a plaintiff in a medical malpractice action may invoke the doctrine of res ipsa loquitur despite presenting some direct evidence of negligence, and relaxed the exclusive control requirement in cases involving unconscious surgical patients who c
• Smith's Bakery v. Jernigan
  134 So. 2d 519· Fla. 1st DCA· 1961-11-16 ·cited 43×
  A bakery route salesman's delivery truck threw dirt and gravel into a grocer's eye while departing from the store, causing severe injury. The court reversed a jury verdict for the plaintiff, holding that the defendant's ordinary operation of the truck under the circumstances was
• Russell v. Cmty. Blood Bank, Inc.
  185 So. 2d 749· Fla. 2d DCA· 1966-04-22 ·cited 42×
  A Florida appellate court reversed the dismissal of a breach of implied warranty claim against a blood bank for contaminated blood that caused serum hepatitis. The court held that a blood bank's sale of blood to a patient (as distinguished from a hospital's provision of blood as
• Solon B. Clark, Jr. v. United States
  218 F.2d 446· 9th Cir.· 1954-12-29 ·cited 42×
  The United States is not liable for damages caused by a flood embankment failure, as the railroads involved were not federal agencies, 33 U.S.C. § 702c bars liability for flood damage, and claims of negligent misrepresentation are barred by the Tort Claims Act.
• Zampos v. United States Smelting
  206 F.2d 171· 10th Cir.· 1953-07-09 ·cited 42×
  Summary judgments were proper because plaintiffs failed to present evidence creating a genuine issue of material fact regarding the defendant's negligence or liability under alternative doctrines.
• Bruszewski v. Isthmian S. S. Co.
  163 F.2d 720· 3d Cir.· 1947-06-03 ·cited 42×
• Lukon v. Pa. R. Co.
  131 F.2d 327· 3d Cir.· 1942-11-05 ·cited 42×
  The court held that the jury was entitled to infer negligence under the doctrine of res ipsa loquitur, and the trial court erred in setting aside the verdict.
• Mrs. T. H. Duncan (C. W. Duncan v. Duncan
  377 F.2d 49· 6th Cir.· 1967-05-04 ·cited 40×
  The court held that the district judge abused his discretion by granting a new trial based on the verdict being against the weight of the evidence, as the jury's verdict was reasonable and supported by the evidence presented.
• Pangburn v. Civil Aeronautics Bd.
  311 F.2d 349· 1st Cir.· 1962-12-14 ·cited 40×
  The court held that the Civil Aeronautics Board's order suspending the petitioner's Airline Transport Pilot Rating was supported by substantial evidence and did not violate due process, affirming the Board's interpretation of its authority to impose suspensions for deterrent purp
• Musachia v. Terry
  140 So. 2d 605· Fla. 3d DCA· 1962-05-08 ·cited 40×
  The widow of a man who died after hospitalization sued for wrongful death, alleging negligent diagnosis and treatment by osteopathic physicians and the hospital. The trial court granted a directed verdict for all defendants, but the appellate court reversed as to the physicians b
• Peterman v. Indian Motorcycle Co.
  216 F.2d 289· 1st Cir.· 1954-10-28 ·cited 40×
  The court held that a notice of appeal from a final judgment brings up for review errors in the judgment, and a separate appeal from an order denying a post-judgment motion for a new trial is only necessary if the motion presents new matters not before the court at judgment.
• W. Coast Hosp. Ass'n v. Webb
  52 So.2d 803· Fla.· 1951-05-22 ·cited 40×
  The Supreme Court of Florida affirmed a jury verdict against a hospital, holding that the doctrine of res ipsa loquitur was applicable when a patient suffered severe burns while unconscious and under the hospital's care. The court distinguished this case from those involving medi
• Jenkins v. Whittaker Corp.
  785 F.2d 720· 9th Cir.· 1986-03-24 ·cited 39×
  The court held that the district court properly asserted personal jurisdiction, correctly applied Hawaii law, and did not abuse its discretion in its evidentiary or jury instruction rulings regarding res ipsa loquitur and strict liability. However, the court reversed the denial o
• Pitts v. Electro-Static Finishing, Inc.
  607 F.2d 799· 8th Cir.· 1979-10-23 ·cited 38×
  The court held that the trial judge did not err in granting a new trial after the first jury's verdict, nor in refusing to admit late-offered evidence or give a res ipsa loquitur instruction after the second trial.
• Waylander-Peterson Co. v. Great N. Ry. Co.
  201 F.2d 408· 8th Cir.· 1953-01-20 ·cited 38×
  The court held that the trial court did not err in denying the contractor's motions, in instructing the jury on res ipsa loquitur, or in granting indemnity to the railway company over contribution, as the contractor's negligence was primary and active.
• Archer v. Ronald A. Maddux, M.D.
  645 So. 2d 544· Fla. 1st DCA· 1994-11-14 ·cited 36×
  Bonnie Archer appealed the dismissal of her medical malpractice complaint against Dr. Ronald Maddux for failing to provide a corroborating verified medical expert opinion before the statute of limitations expired. The court affirmed the dismissal, holding that Florida's presuit s
• COX v. Nw. Airlines, Inc.
  379 F.2d 893· 7th Cir.· 1967-05-16 ·cited 36×
  The court held that the doctrine of res ipsa loquitur was properly applied to establish negligence in an unexplained aircraft crash, but remanded the case due to errors in calculating damages, specifically the failure to reduce future earnings and inheritance to present value and
• Tampa Transit Lines, Inc. v. Corbin
  62 So. 2d 10· Fla.· 1952-12-22 ·cited 36×
  The Florida Supreme Court reversed a jury verdict awarding damages for personal injuries, finding that the trial court erred in instructing the jury on the doctrine of res ipsa loquitur without proper procedure and that the evidence did not support its application.
• Vale v. Bonnett
  191 F.2d 334· D.C. Cir.· 1951-06-07 ·cited 36×
  A nunc pro tunc order can cure defects in the entry of judgment for appeal purposes, and summary judgment was improperly granted due to unresolved material factual issues regarding negligence and liability.
• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence
  35 So. 3d 666· Fla.· 2010-03-04 ·cited 35×
  In a probate proceeding concerning a petition for the administration of a lost will, the appellate court affirmed the trial court's summary judgment, finding that the lost will was invalid due to improper execution formalities.
• Foster v. DAY & Zimmermann, Inc.
  502 F.2d 867· 8th Cir.· 1974-09-13 ·cited 35×
  The court held that Iowa law, including strict liability, was properly applied to a defective military grenade fuse manufactured by a private contractor, and that governmental immunity did not shield the contractor from liability.
• United States v. Groner
  479 F.2d 577· 5th Cir.· 1973-05-22 ·cited 35×
  The dissenting judges argue that the majority misinterprets Supreme Court precedent on obscenity, particularly regarding the elements of redeeming social importance and patent offensiveness.
• Smith v. Hinkley
  98 Fla. 132· Fla.· 1929-07-10 ·cited 35×
  Frederick Smith, operating as Smith Electric Company, was held liable for negligence when employees using an awning as a scaffold to install an electric sign caused it to collapse and injure pedestrian Elizabeth Hinkley. The Florida Supreme Court affirmed judgments for the Hinkle
• Lavelle Stevens v. Barnard
  512 F.2d 876· 10th Cir.· 1975-03-21 ·cited 34×
  The court held that the trial court properly granted summary judgment because the plaintiff failed to present evidence establishing a genuine issue of material fact regarding proximate causation for negligence or the foundational facts required for res ipsa loquitur.
• Ford Motor Co. v. Pittman
  227 So. 2d 246· Fla. 1st DCA· 1969-10-02 ·cited 34×
  Ford Motor Company appealed a jury verdict in favor of Howard Pittman for damages arising from a defective 1967 Ford Galaxie that caught fire due to faulty electrical wiring. The court affirmed, holding that Ford was not a "seller" under the Uniform Commercial Code and therefore
• Archer v. United States
  217 F.2d 548· 9th Cir.· 1954-10-22 ·cited 34×
  The court held that the complaint failed to state a claim upon which relief could be granted under the Tort Claims Act, and therefore the dismissal was proper.
• Lobel v. Am. Airlines, Inc.
  192 F.2d 217· 2d Cir.· 1951-10-30 ·cited 34×
  The court held that the trial court erred in applying Indiana law regarding res ipsa loquitur, and that New York procedural law should have governed. It also found that the admission of certain evidence was harmless error, but other errors necessitated a new trial.
• Anderson v. Linton
  178 F.2d 304· 7th Cir.· 1949-11-14 ·cited 34×
  The court held that the plaintiff's wrongful death claim was barred by the statute of limitations, but her personal injury claim was not.
• Wash. Loan & Tr. Co., Inc. v. Hickey
  137 F.2d 677· D.C. Cir.· 1943-06-21 ·cited 34×
  The court held that the landlord's duty to maintain the exterior of the building and inspect for dangerous conditions extended to a falling window ventilator, and the evidence supported an inference of negligence.
• Andres v. Roswell-Windsor Vill. Apts. & Field-Johnston Enters., Inc.
  777 F.2d 670· 11th Cir.· 1985-12-06 ·cited 33×
  The court held that the district court's jury instructions and evidentiary rulings were proper, and that the evidence did not warrant certain requested instructions.
• Selby v. Bullock
  287 So. 2d 18· Fla.· 1973-10-31 ·cited 33×
  The Florida Supreme Court upheld Florida Statute 588.15, which requires livestock owners to prove negligence to be held liable for damages caused by livestock on public roads, rejecting an equal protection challenge based on the stricter liability imposed on dog owners under Stat
• S. Fla. Hosp. Corp. v. McCREA
  118 So. 2d 25· Fla.· 1960-02-17 ·cited 33×
  The Florida Supreme Court reviewed a District Court of Appeal decision affirming a jury verdict for a hospital patient who suffered arm fractures in the hospital's recovery room. The court held that plaintiffs may rely on both evidence of specific negligence and the doctrine of r
• van Carpals v. THE S.S. Am. Harvester
  297 F.2d 9· 2d Cir.· 1961-12-13 ·cited 32×
  The court held that the vessel was unseaworthy, establishing the shipowner's absolute liability for the injury, regardless of the cause of the accident or negligence.
• Frank R. Jelleff, Inc. v. Blanche K. Braden
  233 F.2d 671· D.C. Cir.· 1956-04-20 ·cited 32×
  The court held that the trial court did not err in admitting the retailer's Indiana complaint into evidence as an admission against interest and in excluding testimony regarding the absence of other complaints, as these rulings were within the trial judge's discretion and did not
• Nat'l Alfalfa Dehydrating & Milling Co. v. Sorensen
  220 F.2d 858· 8th Cir.· 1955-04-18 ·cited 32×
  The court held that the evidence was sufficient to sustain the jury's verdict and that the trial court did not err in admitting the exhibit or in refusing to direct a verdict for the defendant.
• Estepp v. Norfolk & W. Ry. Co.
  192 F.2d 889· 6th Cir.· 1951-11-30 ·cited 32×
  The court held that summary judgment was improperly granted because the doctrine of res ipsa loquitur, as applied under Kentucky law, creates a genuine issue of material fact even with a general allegation of negligence and an unknown cause of death.
• United States v. Johnson
  181 F.2d 577· 9th Cir.· 1950-04-07 ·cited 32×
  The court held that the driver of the Navy vehicle was acting within the scope of his employment when the accident occurred, and that the doctrine of res ipsa loquitur applied, establishing negligence.
• St. Petersburg Coca-Cola Bottling Co. v. Cuccinello
  44 So. 2d 670· Fla.· 1950-02-07 ·cited 32×
  The Florida Supreme Court affirmed a judgment for personal injuries awarded to a minor struck by a Coca-Cola delivery truck. The court found sufficient evidence to support the jury's verdict on both negligence and trespass counts, rejecting the defendant's arguments regarding pro
• United States v. Johnson
  160 F.2d 789· 9th Cir.· 1947-03-24 ·cited 32×
  The court held that the seaman's release was invalid because he did not have a full understanding of his rights, and that the doctrine of res ipsa loquitur was not applicable to establish negligence.
• Gencorp, Inc. v. Wolfe
  481 So. 2d 109· Fla. 1st DCA· 1985-12-19 ·cited 30×
  Gencorp appeals a jury verdict awarding damages to the Wolfes for breach of implied warranty and strict liability following a truck tire blowout. The court reverses and remands for a new trial, finding that the trial court erred in admitting the replacement tire as demonstrative
• City OF Cleveland v. Peter Kiewit Sons' Co.
  624 F.2d 749· 6th Cir.· 1980-06-18 ·cited 30×
  The court held that pervasive misconduct by the City's counsel in repeatedly referring to the defendant's size and insurance coverage prejudiced the jury, requiring a new trial on all issues.
• Smith v. Spina
  477 F.2d 1140· 3d Cir.· 1973-04-24 ·cited 30×
  The court held that a state tort claim, even if arising from the same facts as a federal civil rights claim, is governed by state law and requires proper pleading for federal jurisdiction. The court also found no reversible error in the trial court's evidentiary rulings or jury i
• Byron T. Weeks ad Litem of Valerie Weeks v. Latter-Day Saints Hosp.
  418 F.2d 1035· 10th Cir.· 1969-12-04 ·cited 30×
  The court held that the trial court properly directed a verdict on liability and that the jury's damage award was not excessive, nor were the jury instructions erroneous.
• Verla Mae Gaymon v. Quinn Menhaden Fisheries OF Tex., Inc.
  108 So. 2d 641· Fla. 1st DCA· 1959-02-03 ·cited 30×
  An administratrix of a deceased seaman's estate appeals a summary judgment dismissing her Jones Act negligence claim against the seaman's employer. The court reversed, finding that the trial court abused its discretion by denying plaintiff's request for additional time to obtain
• Bowles v. Mahoney
  202 F.2d 320· D.C. Cir.· 1952-07-10 ·cited 30×
  The dissent argues that the common law rule relieving landlords of liability for defects arising during the lease term is an anachronism and should be discarded in favor of a rule imposing a continuing duty of reasonable care to provide a safe and habitable dwelling.
• Patton v. Baltimore & O. R. Co. (Duquesne Slag Prods. Co.
  197 F.2d 732· 3d Cir.· 1952-06-23 ·cited 30×
  The court held that the Safety Appliance Acts were inapplicable because the railroad did not have control of the cars at the time of the accident, but a new trial was warranted based on common law negligence regarding the railroad's duty to inspect and deliver cars in a reasonabl
• Graci v. United States
  456 F.2d 20· 5th Cir.· 1971-05-21 ·cited 29×
  The court held that the immunity clause of the Flood Control Act of 1928 does not bar suits for floodwater damage caused by negligence unconnected with flood control projects.