Res Ipsa Loquitur

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

• Wash. Gas Light Co. v. Connolly
  214 F.2d 254· D.C. Cir.· 1954-05-13 ·cited 22×
  The court held that while liability was properly submitted to the jury, a new trial is required for the plaintiff's damages due to discrepancies in evidence and potential juror misconduct, necessitating an inquiry into prejudice.
• Arthur v. Standard Eng'g Co.
  193 F.2d 903· D.C. Cir.· 1951-10-25 ·cited 22×
  An employee of a subcontractor using a scaffold built by another subcontractor is a licensee, not an invitee, unless the owner of the scaffold receives a mutual benefit from the use.
• Starke Coca-Cola Bottling Co. v. Carrington
  159 Fla. 718· Fla.· 1947-11-21 ·cited 22×
  The Florida Supreme Court affirmed a judgment for a plaintiff injured when a Coca-Cola bottle exploded in her hand immediately upon removal from the defendant bottler's vending machine. The court held that the doctrine of res ipsa loquitur applies to bottle explosions where the b
• Adelman-Tremblay v. Jewel Cos., Inc.
  859 F.2d 517· 7th Cir.· 1988-10-07 ·cited 21×
  A manufacturer or seller is not liable for injuries resulting from a consumer's rare and unusual allergic reaction to a product, absent knowledge of the risk or a defect in the product.
• United States v. Johnson
  288 F.2d 40· 5th Cir.· 1961-02-23 ·cited 21×
  The court held that the statute of limitations barred the action and that res ipsa loquitur was improperly applied.
• Dement v. Olin-Mathieson Chem. Corp.
  282 F.2d 76· 5th Cir.· 1960-08-11 ·cited 21×
  The court affirmed the judgment as to duPont but reversed and remanded for retrial against Atlas Powder Company and Olin-Mathieson Chemical Corporation.
• Lane M. McGONIGAL v. Gearhart Indus., Inc.
  851 F.2d 774· 5th Cir.· 1988-08-11 ·cited 20×
  The court held that the government contractor defense does not apply to defective manufacture, the admission of certain evidence was harmless error, res ipsa loquitur was properly submitted, and the jury instructions were not misleading.
• Brigid Dullard v. The Berkeley Assocs. Co. & Murray Hill Props., Inc.
  606 F.2d 890· 2d Cir.· 1979-08-27 ·cited 20×
  The court held that the jury's wrongful death award was excessive under New York law and ordered a new trial on damages unless the plaintiff accepts a remittitur.
• Seabrook Foods, Inc. v. Bar-Well Foods Ltd.
  568 F.2d 1342· C.C.P.A.· 1977-12-22 ·cited 20×
  The dissenting judge would reverse the majority's decision, finding the opposer's trademark inherently distinctive and likely to cause confusion.
• Auto Specialties Mfg. Co. & the Travelers Ins. Co. v. Boutwell
  335 So. 2d 291· Fla. 1st DCA· 1976-06-25 ·cited 20×
  The appellate court affirmed the directed verdict for punitive damages but reversed the judgment for compensatory damages, finding the trial court erred in failing to properly instruct the jury on res ipsa loquitur.
• Freida Gust Savard v. Marine Contracting Inc.
  471 F.2d 536· 2d Cir.· 1972-12-26 ·cited 20×
  The court held that even if the lack of telephone equipment in rescue diver masks constituted unseaworthiness, no causal connection was established as a matter of law between this defect and the diver's death.
• Lucrecia Sosa MacHado v. States Marine-Isthmian Agency, Inc.
  411 F.2d 584· 5th Cir.· 1969-05-07 ·cited 20×
  The court held that the jury's findings of negligence and the award for wrongful death were not legally erroneous and should be affirmed.
• Cyrilla Murphy and George H. Murphy v. Dyer
  409 F.2d 747· 10th Cir.· 1969-03-10 ·cited 20×
  The court held that the exclusion of expert testimony regarding the standard of care was proper under the similar locality rule, and that a correction to a hypothetical question, while erroneous, was harmless.
• Creola Quick v. Thurston
  290 F.2d 360· D.C. Cir.· 1961-04-20 ·cited 20×
• Redwing Carriers, Inc. v. Helwig
  108 So. 2d 620· Fla. 2d DCA· 1959-01-16 ·cited 20×
  In this negligence case arising from an explosion at a gasoline loading depot, the trial court granted the plaintiff's motion for new trial after a jury verdict for the defendant. The appellate court reversed, holding that the jury verdict was supported by substantial evidence an
• Giannone v. United States Steel Corp. (Defendant) & Philadelphia Elec. Co. (Third-Party
  238 F.2d 544· 3d Cir.· 1956-11-14 ·cited 20×
  The court held that the trial court did not err in dismissing the actions, as the plaintiffs failed to prove negligence and the doctrine of res ipsa loquitur was inapplicable. Furthermore, the excluded portions of the third-party complaint did not constitute admissions of the def
• Sylvania Elec. Prods., Inc. v. Barker
  228 F.2d 842· 1st Cir.· 1955-12-20 ·cited 20×
  The court affirmed the judgments for the plaintiff, finding that the jury's verdict rendered any potential error in the jury instructions harmless.
• United States v. Ira R. URE and Edna B. Ure
  225 F.2d 709· 9th Cir.· 1955-09-12 ·cited 20×
  The court held that the government's decision not to line the canal was a discretionary function, barring liability under the Federal Tort Claims Act. The court also found that the evidence rebutted any inference of negligence under res ipsa loquitur.
• Geotechnical Corp. of Del. v. Pure Oil Co.
  196 F.2d 199· 5th Cir.· 1952-04-15 ·cited 20×
  The court held that filing a petition for limitation of liability does not abate a vessel owner's claim against a third party for loss of the vessel. It also held that Geotech was liable for the explosion due to its employee's negligence in preparing dynamite charges.
• United States v. Gaidys et Ux.
  194 F.2d 762· 10th Cir.· 1952-02-21 ·cited 20×
  The court held that the Tort Claims Act applies to claims by civilians injured by military aircraft, and that low-altitude flight causing damage constitutes trespass under Colorado law.
• Moreau v. Pa. R. Co.
  166 F.2d 543· 3d Cir.· 1948-02-25 ·cited 20×
  The court held that the trial judge's jury instructions on contributory negligence were erroneous and inadequately corrected, requiring reversal.
• Lachman v. Pa. Greyhound Lines, Inc.
  160 F.2d 496· 4th Cir.· 1947-03-12 ·cited 20×
  The court held that the trial court erred in refusing to instruct the jury on the doctrine of res ipsa loquitur and in giving a misleading instruction on the doctrine of sudden emergency.
• Grubbs v. McShane
  144 Fla. 585· Fla.· 1940-10-15 ·cited 20×
  In this medical malpractice case, the Florida Supreme Court affirmed a directed verdict for a physician who treated the plaintiff's post-operative phlebitis with heat therapy, rejecting the plaintiff's claim that the manner of applying the treatment was negligent. The court held
• McDOUGALD v. Perry
  716 So. 2d 783· Fla.· 1998-09-04 ·cited 19×
  The Florida Supreme Court held that the doctrine of res ipsa loquitur properly applied to a case where a spare tire fell from underneath a tractor-trailer and struck the plaintiff's vehicle, resolving a conflict between district courts on the doctrine's applicability to wayward w
• McDONALD v. Dep't of Prof'l Reg.
  582 So. 2d 660· Fla. 1st DCA· 1991-06-13 ·cited 19×
  A licensed harbor pilot challenges a $500 fine imposed by the Department of Professional Regulation for negligence in piloting a vessel that struck the channel embankment. The court reverses because the Board improperly adopted and applied a legal presumption of negligence withou
• Burns v. Otis Elevator Co.
  550 So. 2d 21· Fla. 3d DCA· 1989-07-25 ·cited 19×
  Harry Burns appeals summary judgment in favor of Otis Elevator Company and the building owner after an elevator door closed on his shoulders, causing a rotator cuff injury. The court reverses, finding that the doctrine of res ipsa loquitur allows a jury inference of negligence wh
• Borghese v. Bartley
  402 So. 2d 475· Fla. 1st DCA· 1981-07-29 ·cited 19×
  The court held that Florida Statute § 768.45(4) did not abolish the doctrine of res ipsa loquitur in medical malpractice cases for injuries unrelated to the treatment itself.
• Messina v. Baldi
  120 So. 2d 819· Fla. 3d DCA· 1960-05-19 ·cited 19×
  Eileen and Charles Messina appealed a summary judgment in a negligence action against a beauty salon for injuries sustained during a permanent wave treatment. The appellate court reversed the summary judgment, finding genuine issues of material fact regarding whether the salon's
• Fla. Pub. Utils. Co. v. Phoebe S. Wester
  150 Fla. 378· Fla.· 1942-04-14 ·cited 19×
  The court held that the evidence was sufficient to support the jury's verdict regarding damages for property destroyed by fire, and that the joinder of subrogated insurance companies as use plaintiffs was permissible.
• Sisters OF THE Third Order OF ST. Francis v. Swedishamerican Grp. Health Benefit Tr.
  901 F.2d 1369· 7th Cir.· 1990-04-19 ·cited 18×
  The court held that the health plan's exclusion for expenses incurred while engaged in illegal activity applies to injuries resulting from drunk driving, even if the medical treatment itself does not occur during the act of driving.
• Otis Elevator Co. v. Lelia Chambliss and Avon Chambliss
  511 So. 2d 412· Fla. 1st DCA· 1987-08-11 ·cited 18×
  Otis Elevator Company appealed from judgments awarding damages to the Chamblisses for injuries sustained in a Sears escalator fall, and from a separate indemnity judgment favoring Sears. The Florida appellate court reversed both judgments, holding that the trial court erred in in
• Ashland v. Ling-Temco-Vought, Inc.
  711 F.2d 1431· 9th Cir.· 1983-07-29 ·cited 18×
  The court held that the amended complaints related back to the original filing date, and that the "forthwith service" requirement of the Suits in Admiralty Act was satisfied by service of the amended complaints. The court remanded for reconsideration of the district court's findi
• Ferguson v. Westinghouse Elec. Corp. & Liberty Mut. Ins. Co.
  408 So. 2d 659· Fla. 3d DCA· 1981-12-29 ·cited 18×
  Beverly Ferguson was injured when an elevator in a building owned by M.G. Investments abruptly stopped, throwing her to the floor. The trial court directed a verdict for the defendants, but the appellate court reversed, holding that res ipsa loquitur doctrine applies to elevator
• In re AIR Crash Disaster AT John F. Kennedy Int'l Airport ON June 24
  635 F.2d 67· 2d Cir.· 1980-10-06 ·cited 18×
  The trial court did not err in excluding certain facts as stipulated, as the circumstances surrounding their admission and the parties' positions had changed due to the government's settlement.
• Renate Hunziker v. Scheidemantle
  543 F.2d 489· 3d Cir.· 1976-09-08 ·cited 18×
  The court held that the district court erred in granting a directed verdict for Halstead and in failing to adequately charge the jury regarding liability, necessitating a new trial.
• Universe Tankships, Inc. v. United States
  528 F.2d 73· 3d Cir.· 1975-12-29 ·cited 18×
  The court affirmed the district court's judgment, holding that the plaintiff failed to prove by a preponderance of the evidence that the grounding of the vessel was caused by the government's inaccurate channel depth statement.
• Burgin v. Shelton Merritt, III
  311 So. 2d 688· Fla. 3d DCA· 1975-04-01 ·cited 18×
  In this automobile negligence case arising from a multi-vehicle collision, the court reversed the judgment against truck owner Burgin and driver McCollister due to improper jury instruction on res ipsa loquitur, but affirmed the judgment in favor of van driver Kinne and his emplo
• City CAB Co. OF Orlando, Inc. v. Green
  308 So. 2d 540· Fla. 4th DCA· 1975-02-28 ·cited 18×
  A passenger injured when a taxi made a sudden, unexplained stop sued the cab company for negligence. The trial court denied the defendant's motion for directed verdict and a jury awarded the plaintiff $5,000. The appellate court reversed, holding that the plaintiff failed to pres
• WAY v. Tampa Coca Cola Bottling Co.
  260 So. 2d 288· Fla. 2d DCA· 1972-04-05 ·cited 18×
  Jimmy Way discovered a foreign substance resembling a rat in a bottle of Coca-Cola and became nauseated and vomited. The trial court granted a directed verdict for the bottling company, finding no compensable damages because Way suffered only mental distress without physical inju
• Radovich v. Cunard S.S. Co., Ltd.
  364 F.2d 149· 2d Cir.· 1966-07-18 ·cited 18×
  The court held that the shipowner was not liable for unseaworthiness based on the stevedore's operational negligence.
• Necaise v. The Chrysler Corp.
  335 F.2d 562· 5th Cir.· 1964-07-28 ·cited 18×
  The court held that the trial court erred in granting a directed verdict, as the plaintiff presented sufficient evidence of negligence and causation for a jury to consider.
• Wolf v. Reynolds Elec. & Eng'g Co., Inc.
  304 F.2d 646· 9th Cir.· 1962-06-26 ·cited 18×
  The court held that the trial court properly dismissed the case because the plaintiff failed to present substantial evidence that the defendants' crane protruded and caused the accident.
• Punt Sisung and Gus Fitzgerald v. Tiger Pass Shipyard Co., Inc.
  303 F.2d 318· 5th Cir.· 1962-05-16 ·cited 18×
  The court held that the shipyard was not liable for the damage to the vessel because the vessel was moored exactly where instructed by the owner, and the owner's actions contributed to the loss.
• The Andros Shipping Co., Ltd. v. Panama Canal Co.
  298 F.2d 720· 5th Cir.· 1962-01-18 ·cited 18×
  The court affirmed the lower court's judgment, holding that the pilot's actions were not negligent and that the vessel's statutory violations made the Pennsylvania doctrine applicable to the cargo damage claim.
• Trihey v. Transocean AIR Lines, Inc.
  255 F.2d 824· 9th Cir.· 1958-05-05 ·cited 18×
  The court held that even if res ipsa loquitur were applicable, it does not mandate a judgment for the plaintiff as a matter of law, and the trial court's findings of fact were not clearly erroneous.
• Miami Coca Cola Bottling Co., Inc. v. Todd
  101 So. 2d 34· Fla.· 1958-03-05 ·cited 18×
  A consumer sued a Coca-Cola bottler for illness caused by a foreign substance in a soft drink purchased directly from the bottler. The Florida Supreme Court affirmed a jury verdict for the consumer, holding that under absolute liability for implied warranty, a consumer need not a
• Williams v. United States
  218 F.2d 473· 5th Cir.· 1955-01-21 ·cited 18×
  The court held that the doctrine of res ipsa loquitur was not applicable because the plaintiffs failed to prove that the accident would not have occurred in the ordinary course of events without negligence.
• Atchison v. Simmons
  153 F.2d 206· 10th Cir.· 1946-01-12 ·cited 18×
  The court held that the jury could reasonably conclude the derailment was caused by the railway company's negligence, despite conflicting expert testimony, and affirmed the judgment.
• Morrison v. Le Tourneau Co. of Ga.
  138 F.2d 339· 5th Cir.· 1943-10-27 ·cited 18×
  The court held that the plaintiff failed to provide sufficient evidence to establish proximate cause for the plane crash, thus affirming the lower court's judgment for the defendants.
• Petersen v. Chicago
  138 F.2d 304· 8th Cir.· 1943-10-26 ·cited 18×