Res Ipsa Loquitur

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

• McKINNEY Supply Co. v. Orovitz
  96 So. 2d 209· Fla.· 1957-07-03 ·cited 29×
  The court held that the jury was authorized to find that the fire's origin was not due to negligence, and thus the res ipsa loquitur doctrine did not apply.
• United States v. Ciampa
  793 F.2d 19· 1st Cir.· 1986-06-05 ·cited 28×
  The court held that the warrant affidavit provided sufficient probable cause and that the trial judge's conduct did not deprive the defendant of a fair trial.
• Modave v. Long Island Jewish Med. Ctr. & The Cnty. of Nassau (Meadowbrook Hospital)
  501 F.2d 1065· 2d Cir.· 1974-06-27 ·cited 28×
  The court affirmed the dismissal of the claim against Nassau County, finding the notice of claim untimely, and affirmed the judgment against LIJ, finding no error in the jury's apportionment of damages.
• United States Rubber Co. v. Bauer
  319 F.2d 463· 8th Cir.· 1963-06-26 ·cited 28×
  The court held that the trial court's finding of a defective belt was clearly erroneous, as the plaintiff failed to prove the cause of the belt's breakage.
• Citrola v. E. AIR Lines, Inc.
  264 F.2d 815· 2d Cir.· 1959-03-19 ·cited 28×
  The court held that a res ipsa loquitur instruction is permissible even when the plaintiff presents evidence of specific negligence, as long as the plaintiff's explanation is not a complete one and the instruction avoids jury confusion. The court also held that under the Florida
• Dohr v. Smith
  104 So. 2d 29· Fla.· 1958-07-02 ·cited 28×
  The Florida Supreme Court considered whether a surgeon, anesthetist, and hospital were liable for dental injuries suffered by a patient when her teeth became dislodged during general anesthesia. The court reversed the directed verdict against the anesthetist but affirmed verdicts
• Austerberry v. United States
  169 F.2d 583· 6th Cir.· 1948-08-16 ·cited 28×
  The court held that the doctrine of res ipsa loquitur applies in admiralty cases, and the circumstances warranted an inference of negligence by the government, reversing the lower court's exoneration.
• Gavoer Manhat v. United States
  220 F.2d 143· 2d Cir.· 1955-02-09 ·cited 27×
  The court held that the shipowner has an absolute responsibility to provide a safe place to work, and unseaworthiness can be a basis for recovery even if negligence is also involved.
• NAT C. Hughs, JR. v. Miami Coca Cola Bottling Co.
  155 Fla. 299· Fla.· 1944-12-05 ·cited 27×
  A minor suffered facial injuries when an unopened Coca-Cola bottle exploded in his hands. The Florida Supreme Court affirmed the trial court's directed verdict for the bottler, holding that the plaintiff failed to establish that the bottle was not improperly handled after leaving
• Herron v. Md. Cas. Co.
  347 F.2d 357· 5th Cir.· 1965-06-08 ·cited 26×
  The court held that the plaintiff failed to present sufficient evidence to prove the truck driver's negligence, thus affirming the directed verdict.
• E. H. Russell and his wife v. Jacksonville GAS Corp.
  117 So. 2d 29· Fla. 1st DCA· 1960-01-05 ·cited 26×
  The court held that the trial court erred in indicating it would direct a verdict for the defendant on the negligence claim, as the evidence presented a jury question.
• Altrichter v. Shell OIL Co.
  263 F.2d 377· 8th Cir.· 1959-02-17 ·cited 26×
  The court held that the trial judge did not abuse discretion in granting a new trial because the expert testimony was insufficient to support the jury's verdict.
• Mem'l Hosp. v. Otto Doring
  106 So. 2d 565· Fla. 2d DCA· 1958-10-24 ·cited 26×
  A hospital patient suffered a broken arm after allegedly getting out of bed during recovery from a heart attack. The court reversed a jury verdict for the patient, holding that the hospital did not breach the applicable standard of care because the patient's condition and the doc
• Schott v. Pancoast Props.
  57 So. 2d 431· Fla.· 1952-02-26 ·cited 26×
  The Florida Supreme Court held that the doctrine of res ipsa loquitur did not apply when a window screen fell from a hotel, injuring a pedestrian. The court found that the hotel owner was not liable because the window cleaning was performed by an independent contractor, and the i
• Zumwalt v. Gardner
  160 F.2d 298· 8th Cir.· 1947-04-04 ·cited 26×
  The court held that the trial court erred in withdrawing the issue of the engineer's negligence from the jury and in giving confusing instructions regarding the Safety Appliance Act and negligence.
• Strahan v. Gauldin
  756 So. 2d 158· Fla. 5th DCA· 2000-03-17 ·cited 25×
  The Strahans appealed a judgment for damages awarded to Gauldin after a juke box fell from a pickup truck during loading and injured him. The Fifth District Court of Appeal affirmed the damages judgment but reversed and remanded the attorney's fees award, finding the res ipsa loq
• Grogg v. Mo. Pac. R.R. Co.
  841 F.2d 210· 8th Cir.· 1988-02-26 ·cited 25×
  The court held that the plaintiff presented a submissible case for a violation of the Federal Safety Appliance Acts (FSAA) based on a malfunctioning air hose, and thus, the claim should have been submitted to the jury. The exclusion of a document related to the hose failure was n
• City OF NEW Smyrna Beach Utils. Comm'n v. McWHORTER
  418 So. 2d 261· Fla.· 1982-07-29 ·cited 25×
  The district court erred in ruling that the circuit court's failure to give jury instructions on res ipsa loquitur constituted reversible error.
• Dayton Tire & Rubber Co. v. Davis
  348 So. 2d 575· Fla. 1st DCA· 1977-06-29 ·cited 25×
  Clyde E. Davis sued Dayton Tire and Rubber Company and John Mott's Sunoco Service for the death of his minor son Ronnie, who was killed when a Dayton tire allegedly blew out due to a manufacturing defect. The trial court granted a directed verdict favoring Mott and instructed the
• Sterner Aero AB & Various Underwriters At Lloyds v. Page Airmotive, Inc.
  499 F.2d 709· 10th Cir.· 1974-06-10 ·cited 25×
  A contractual disclaimer of warranties does not preclude claims for negligence or strict products liability, especially when the disclaimer is not explicit regarding tort claims and the governing law has adopted strict liability.
• Dickerson v. Cont'l OIL Co.
  449 F.2d 1209· 5th Cir.· 1971-09-28 ·cited 25×
• Frash v. Sarres
  60 So. 2d 924· Fla.· 1952-10-21 ·cited 25×
  The Florida Supreme Court affirmed a jury's verdict finding the defendant not guilty in a personal injury case. The court held that the doctrine of res ipsa loquitur did not apply because there was conflicting evidence regarding the defendant's control and negligence, and the def
• Lombard v. Executive Elevator Serv., Inc.
  545 So. 2d 453· Fla. 3d DCA· 1989-06-20 ·cited 24×
  The court held that the trial court erred in excluding expert testimony and entering summary judgment based on a pretrial conference proffer.
• Wilford Leroy Thompson, Jr. v. Johns-Manville Sales Corp.
  714 F.2d 581· 5th Cir.· 1983-09-16 ·cited 24×
  The court held that Louisiana law would not dispense with proof of causation against defendants for whom no factual connection to the plaintiff's injury was shown, and affirmed summary judgment.
• Randolph v. Collectramatic, Inc.
  590 F.2d 844· 10th Cir.· 1979-01-15 ·cited 24×
  The court held that the trial court did not err in excluding the plaintiff's lay opinion testimony regarding the design of the pressure cooker or in granting a directed verdict for the defendant.
• McGRATH v. Wallace Murray Corp.
  496 F.2d 299· 10th Cir.· 1974-04-22 ·cited 24×
  The court held that the trial court erred in refusing to instruct the jury on a misuse or similar defense theory concerning the plaintiff's strict liability and warranty claims, and that the admission of a credit memo for defective wheels was improper.
• Toombs v. Fort Pierce GAS Co.
  208 So. 2d 615· Fla.· 1968-03-27 ·cited 24×
  The Florida Supreme Court reversed the District Court of Appeal's decision that had overturned jury verdicts for plaintiffs injured in a propane gas tank explosion. The Court held that bystanders and non-purchasers can recover under implied warranty doctrine when a dangerous inst
• Isaacs v. Am. Petrofina & Glen Mitchell
  368 F.2d 193· 5th Cir.· 1966-11-07 ·cited 24×
  The court held that the plaintiff presented sufficient evidence to go to the jury on the issue of whether the defendant negligently failed to discover and remove an oil spill on the premises.
• Stanek v. Houston
  165 So. 2d 825· Fla. 2d DCA· 1964-06-12 ·cited 24×
  The court held that the trial court erred in directing a verdict for the defendants because the doctrine of res ipsa loquitur applied, creating a permissible inference of negligence that the jury should have been allowed to consider.
• Elois Brookshire v. Fla. Bendix Co., Inc.
  153 So. 2d 55· Fla. 3d DCA· 1963-04-30 ·cited 24×
  A bailor who rents personal property owes only a duty to exercise due care to furnish the article in a reasonably safe condition and is not subject to the strict liability applicable to manufacturers; absent proof of an actual defect and exclusive control, neither negligence nor
• Eugene P. Murphy & the Travelers Ins. Co. v. The ST. Paul Fire & Marine Ins. Co.
  314 F.2d 30· 5th Cir.· 1963-01-30 ·cited 24×
  The court held that appellants were not entitled to a new trial because they failed to establish reversible error and did not utilize available procedures to reconstruct the missing record.
• Grey v. Hayes-Sammons Chem. Co.
  310 F.2d 291· 5th Cir.· 1962-11-07 ·cited 24×
  The court held that privity is not required for a negligence claim against a manufacturer and that the disclaimer on the product did not shield the manufacturer from liability for a foreign contaminant.
• Mrs. Marie Bish v. Emp'rs Liab. Assurance Corp.
  236 F.2d 62· 5th Cir.· 1956-06-28 ·cited 24×
  The court held that the trial court's jury instructions regarding negligence, res ipsa loquitur, and the duty to warn were proper, and that the exclusion of certain evidence was not an abuse of discretion.
• Roth v. Dade Cnty.
  71 So. 2d 169· Fla.· 1954-03-16 ·cited 24×
  A patient injured by hot applications while hospitalized at Jackson Memorial Hospital sued Dade County. The Florida Supreme Court affirmed summary judgment for the defendant, holding that the nurses attending the plaintiff were independent contractors rather than hospital employe
• Baltimore & O. R. Co. v. O'Neill
  211 F.2d 190· 6th Cir.· 1954-03-02 ·cited 24×
  The court held that the doctrine of res ipsa loquitur was properly submitted to the jury, creating an inference of negligence.
• United States v. Praylou
  208 F.2d 291· 4th Cir.· 1953-11-09 ·cited 24×
  The United States is liable under the Federal Tort Claims Act for damages caused by government aircraft, even if state law imposes absolute liability rather than negligence, because the state statute makes the operation itself a wrongful act.
• Terminal R. Ass'n of ST. Louis v. Staengel
  122 F.2d 271· 8th Cir.· 1941-07-30 ·cited 24×
  The court held that the trial court did not err in submitting the case to the jury under the res ipsa loquitur doctrine and did not commit prejudicial error regarding jury instructions under Rule 51.
• Lynnette D. Koppinger v. Cullen-Schiltz & Assocs.
  513 F.2d 901· 8th Cir.· 1975-03-31 ·cited 23×
  The court held that the trial court did not err in its rulings regarding inconsistent verdicts, res ipsa loquitur, evidentiary matters, jury instructions, exemplary damages, indemnity, or costs, and that the parties received a fair trial.
• The Travelers Ins. Co. v. Mrs. Ada Z. Brown
  338 F.2d 229· 5th Cir.· 1964-10-16 ·cited 23×
  The court held that the amended complaint related back to the original filing date for prescription purposes and that the "cross-employee" exclusion in the insurance policy did not apply to the plaintiffs, allowing their claims to proceed.
• Coaster Amusement Co. v. Flo Smith
  141 Fla. 845· Fla.· 1940-02-20 ·cited 23×
  The Florida Supreme Court affirmed a judgment for a minor passenger injured when she was thrown from a roller coaster that performed an unusual lunge and sway. The court held that the doctrine of res ipsa loquitur applies to establish a prima facie case of negligence despite the
• Reichenbach v. New Alamac Hotel Corp.
  141 Fla. 797· Fla.· 1940-02-20 ·cited 23×
  The court reviewed a case where a hotel guest was injured when a chair collapsed. The court held that the doctrine of res ipsa loquitur did not apply because the guest inspected and used the chair, and no defects were apparent to her. Therefore, the plaintiff's evidence was insuf
• Ann Marie Staib and her husband v. Ferrari, Inc.
  391 So. 2d 295· Fla. 3d DCA· 1980-12-09 ·cited 22×
  The appellate court affirmed the trial court's order granting a new trial, finding no abuse of discretion.
• Coca-Cola Bottling Co. v. Clark
  299 So. 2d 78· Fla. 1st DCA· 1974-07-30 ·cited 22×
  Coca-Cola Bottling Company appeals a jury verdict for Ann Clark arising from an exploding bottle that injured her foot. The Florida District Court of Appeal reversed, holding that the evidence was legally insufficient to support liability under either negligence (including res ip
• Floyd O. Crawford and wife v. J. C. Worth and wife
  447 F.2d 738· 5th Cir.· 1971-08-23 ·cited 22×
  The court held that the jury verdict for the defendants was supported by ample evidence and that the trial court did not err in excluding expert testimony or refusing certain jury instructions.
• Modlin v. Wash. Ave. Food Ctr., Inc.
  178 So. 2d 596· Fla. 3d DCA· 1965-09-28 ·cited 22×
  In this wrongful death case arising from a mezzanine collapse at a grocery store, the Third District Court of Appeal held that a store owner owes a non-delegable duty to keep its premises safe for business invitees, and therefore may be liable for structural defects caused by an
• Sydney H. Blumenthal v. United States
  306 F.2d 16· 3d Cir.· 1962-07-12 ·cited 22×
  The court held that the respondent's negligence claim arose under admiralty law, not solely from acts in foreign countries, allowing the application of res ipsa loquitur.
• Tidewater OIL Co. v. Waller
  302 F.2d 638· 10th Cir.· 1962-03-20 ·cited 22×
  The court held that the Oklahoma Workmen's Compensation Law's exclusive remedy provision, as interpreted by the Oklahoma Supreme Court, did not preclude a suit for damages under foreign tort law, even when the injury occurred outside Oklahoma.
• Mohawk Drilling Co. v. McCULLOUGH Tool Co.
  271 F.2d 627· 10th Cir.· 1959-10-07 ·cited 22×
  The court held that the evidence was sufficient to take the case to the jury on the issue of negligence and proximate cause, and that the exculpatory clause in the service contract was ineffective.
• Thomason v. Miami Transit Co.
  100 So. 2d 620· Fla.· 1958-02-05 ·cited 22×
  Ethel Thomason, a passenger on a Miami Transit Company bus, was injured when folding doors allegedly slammed shut on her leg. The Florida Supreme Court reversed a jury verdict for the bus company, finding that the trial court erred in instructing the jury on contributory negligen
• The Pa. R.R. Co. v. Pomeroy
  239 F.2d 435· D.C. Cir.· 1956-11-15 ·cited 22×
  The court held that the jury could reasonably infer negligence and proximate cause from the evidence presented, and appellate courts should not substitute their judgment for the jury's when an evidentiary basis exists.