Res Ipsa Loquitur

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

• Nashville v. York
  127 F.2d 606· 6th Cir.· 1942-04-22 ·cited 18×
  The court held that admitting medical expert testimony based on subjective patient statements and other doctors' findings was reversible error, requiring a new trial.
• Brown v. Cap. Transit Co.
  127 F.2d 329· D.C. Cir.· 1942-04-13 ·cited 18×
  A directed verdict for the defendant was proper because the plaintiff's evidence did not sufficiently establish negligence, leaving the cause of injury to speculation.
• Am. Dist. Elec. Protective Co. v. Seaboard Air Line Ry. Co.
  139 Fla. 451· Fla.· 1939-07-25 ·cited 18×
  American District Electric Protective Company appeals a directed verdict against it in a negligence action brought by Seaboard Air Line Railway Company for damages resulting from a sagging wire that injured the railway's employee. The Florida Supreme Court affirms the directed ve
• Fischer v. S/Y Neraida
  508 F.3d 586· 11th Cir.· 2007-11-19 ·cited 17×
  A sailing yacht drifted from its moorings during Hurricane Frances in 2004 and struck a dock owned by David Fischer, causing substantial damage. The yacht owner, Peter Siavrakas, had instructed his caretaker and a licensed captain to prepare the vessel by setting a second anchor
• Schindler Corp. v. Timm Ross
  625 So. 2d 94· Fla. 3d DCA· 1993-10-05 ·cited 17×
  Schindler Corporation appealed a negligence judgment in a case involving a police officer injured when entering a misleveleled elevator. The Florida appellate court reversed and remanded, finding two reversible errors: the trial court improperly refused to allow the jury to asses
• Est. OF Walter Larkins v. Farrell Lines
  806 F.2d 510· 4th Cir.· 1986-12-05 ·cited 17×
  The court held that the trial judge did not err in refusing to instruct the jury on res ipsa loquitur, nor in its instructions regarding the seaman's duty to disclose his condition and the shipowner's duty to provide special precautions. The court also found no error in admitting
• Sojak v. Hudson Waterways Corp.
  590 F.2d 53· 2d Cir.· 1978-12-29 ·cited 17×
  The court held that the jury's verdict of not liable on the unseaworthiness claim was contrary to the weight of the evidence and could not stand.
• Banco Continental v. Curtiss Nat'l Bank OF Miami Springs
  406 F.2d 510· 5th Cir.· 1969-01-09 ·cited 17×
• Fid. & Cas. Co. OF NEW York v. Funel
  383 F.2d 42· 5th Cir.· 1967-09-26 ·cited 17×
  The court held that the plaintiff failed to present sufficient evidence of negligence to support the jury's verdict, as there was no proof of the manner in which the board was replaced or that the defendant's employee knew or should have known it was unstable.
• Fay Socash v. Addison Crane Co., Inc.
  346 F.2d 420· D.C. Cir.· 1965-04-29 ·cited 17×
  The appellate court affirmed the trial court's decision, finding no clear error in the factual findings or legal conclusions.
• Busbee v. Quarrier
  172 So. 2d 17· Fla. 1st DCA· 1965-02-11 ·cited 17×
  In this negligence action arising from a fatal hit-and-run accident involving a minor cyclist, the Florida appellate court affirmed a $25,000 jury verdict against the defendant vehicle owner, holding that circumstantial evidence and the presumption of negligence in rear-end colli
• Sharon v. Luten
  165 So. 2d 806· Fla. 1st DCA· 1964-06-18 ·cited 17×
  A paint and body shop owner appealed a jury verdict awarding damages to car owners whose vehicles were destroyed in a shop fire. The appellate court reversed, holding that the plaintiffs failed to establish that the defendant's alleged negligence (failing to shut off a natural ga
• Victorias Milling Co., Inc. v. Panama Canal Co.
  272 F.2d 716· 5th Cir.· 1959-11-30 ·cited 17×
  The doctrine of res ipsa loquitur is generally inapplicable to allisions in the Panama Canal when the vessel is under its own power and a pilot is in charge, as control is divided and specific negligence must be proven.
• Glaze v. Worley
  157 So. 3d 552· Fla. 1st DCA· 2015-03-03 ·cited 16×
  The court reversed a summary judgment in a slip-and-fall negligence case, holding that section 768.0710 (the pre-2010 statute) applies to the accident, and that evidence of water flowing from Chick-fil-A's employee-only service area creates a genuine issue of material fact regard
• Doyle Bradshaw v. Freightliner Corp. & Nat'l Seating Co.
  937 F.2d 197· 5th Cir.· 1991-08-02 ·cited 16×
  The court held that the jury instructions were proper, hearsay testimony was harmless, and the plaintiff's comparative negligence was correctly applied under the Texas Tort Reform Act.
• Davis v. Otis Elevator Co.
  515 So. 2d 277· Fla. 5th DCA· 1987-10-15 ·cited 16×
  The trial court committed reversible error by refusing to instruct the jury that a violation of section 399.02(6)(b), Florida Statutes, constituted negligence per se. The court also found sufficient evidence for the jury on Otis's negligence.
• Titchnell v. United States
  681 F.2d 165· 3d Cir.· 1982-05-28 ·cited 16×
  The court held that the cumulative testimony of expert and non-expert witnesses was sufficient for a fact finder to ascertain the degree of care required for swine flu inoculations and to find that the care provided deviated from the standard practice, proximately causing the pla
• Kudelka v. Am. Hoist & Derrick Co.
  541 F.2d 651· 7th Cir.· 1976-09-03 ·cited 16×
  The court held that it was error to direct a verdict for the defendant based on the plaintiff's failure to use outriggers, as the evidence did not establish that this failure caused the boom collapse. The court also held that the Federal Employees Compensation Act barred the thir
• Coleman v. Pace Allen
  320 So. 2d 864· Fla. 1st DCA· 1975-10-27 ·cited 16×
  Defendants appealed a jury verdict in a pollution case, challenging jury instructions regarding res ipsa loquitur, foreseeability, and joint venture liability. The court affirmed the verdict, finding no fundamental error despite procedural defects in appellants' assignments of er
• Vitale Fireworks Mfg. Co., Inc. v. Emil Paul Marini and Rose Christine Marini
  314 So. 2d 176· Fla. 1st DCA· 1975-05-23 ·cited 16×
  Vitale Fireworks Manufacturing Company appeals a jury verdict awarding damages to Emil Marini for lost hand and forearm injuries caused by a prematurely exploding rocket. The central issue is whether the trial court properly instructed the jury on the doctrine of res ipsa loquitu
• Jess Abrams v. Nolan Brown Cadillac Co.
  228 So. 2d 131· Fla. 3d DCA· 1969-11-18 ·cited 16×
  Abrams sued Nolan Brown Cadillac Company and its employee Jefferson for negligence after being struck by a motorcycle that Jefferson was towing behind a car while transporting Abrams home. The trial court granted a directed verdict for the defendants, and the appellate court affi
• Ross v. Up-Right, Inc.
  402 F.2d 943· 5th Cir.· 1968-08-06 ·cited 16×
  The court held that the trial court did not commit plain error in its jury instructions regarding breach of warranty, failure to provide instructions, or res ipsa loquitur, and that an erroneous assumption of risk instruction was immaterial to the outcome.
• Boshnack v. World Wide Rent-A-Car, Inc.
  195 So. 2d 216· Fla.· 1967-02-08 ·cited 16×
  In this certiorari review, the Florida Supreme Court clarified that a criminal defendant's plea of guilty is admissible in a subsequent civil action as an admission against interest, even though judgments of conviction generally are not admissible in civil cases. The Court revers
• Markwell v. Gen. Tire & Rubber Co.
  367 F.2d 748· 7th Cir.· 1966-09-29 ·cited 16×
  A plaintiff must prove a defect in a product to hold a manufacturer liable for breach of warranty or strict liability.
• Lewis v. Super Valu Stores, Inc.
  364 F.2d 555· 8th Cir.· 1966-08-15 ·cited 16×
  The court held that the trial court's finding that the truck driver exercised ordinary care with respect to lookout was supported by substantial evidence and not clearly erroneous.
• Visingardi v. Tirone
  178 So. 2d 135· Fla. 3d DCA· 1965-08-03 ·cited 16×
  In this medical malpractice appeal, the plaintiff challenged summary judgments in favor of a physician and hospital in a case alleging negligent treatment that resulted in the plaintiff's wife's death. The court affirmed the summary judgments, holding that the plaintiff failed to
• Brown v. Keaveny
  326 F.2d 660· D.C. Cir.· 1963-12-12 ·cited 16×
  The dissenting judge would hold that a jury should be permitted to infer negligence when a doctor fractures a patient's jaw during a tooth extraction, as this is an extraordinary result.
• Miller v. Cincinnati
  317 F.2d 693· 6th Cir.· 1963-05-22 ·cited 16×
  The court held that the doctrine of res ipsa loquitur could be applied to infer both the defendant's negligence and its actual or constructive notice of the defective appliance, and that the jury could reasonably find that the defective nozzle proximately caused the plaintiff's i
• Nat'l Airlines v. Fleming
  141 So. 2d 343· Fla. 1st DCA· 1962-05-15 ·cited 16×
  The court held that the doctrine of res ipsa loquitur was applicable and that it was proper for the trial court to instruct the jury on both specific negligence and res ipsa loquitur.
• Otis Elevator Co. v. Robinson
  287 F.2d 62· 5th Cir.· 1961-02-15 ·cited 16×
  The court held that sufficient circumstantial evidence existed to sustain the jury's verdict finding Otis Elevator Company negligent in failing to repair the elevator.
• Heerman v. Jessalynn Burke
  266 F.2d 935· 8th Cir.· 1959-04-29 ·cited 16×
  A party is entitled to a specific jury instruction on their theory of the case if supported by evidence and properly requested, and a general instruction is insufficient if it fails to present that theory.
• Eleonora Sitta v. Am. Steel & Wire Div. of United States Steel Corp.
  254 F.2d 12· 6th Cir.· 1958-04-10 ·cited 16×
  The court held that the evidence presented a question for the jury regarding the manufacturer's negligence and proximate cause, and therefore, a directed verdict for the defendant was improper.
• Arnaud's Rest., Inc. v. Cotter
  212 F.2d 883· 5th Cir.· 1954-05-20 ·cited 16×
  Under Louisiana law, a restaurant owner has an absolute liability for damages caused by foreign substances in food served, based on an implied warranty of fitness.
• The Anaconda. the Syosset
  164 F.2d 224· 4th Cir.· 1947-11-10 ·cited 16×
  The appellate court held that the district court's finding of no grounding was clearly erroneous, and the damage to the barge was caused by negligent navigation of the tug, not mere scrubbing.
• Sierocinski v. E. I. du Pont de Nemours & Co.
  118 F.2d 531· 3d Cir.· 1941-03-05 ·cited 16×
  The court held that the plaintiff failed to present sufficient evidence of the defendant's negligence, either directly or circumstantially, to support a jury verdict, and thus the trial court erred in submitting the case to the jury.
• Hayes v. Otis Elevator Co.
  946 F.2d 1272· 7th Cir.· 1991-10-28 ·cited 15×
  The court held that a maintenance contract does not toll the statute of repose for products liability claims, and that the plaintiff failed to present sufficient evidence to overcome the directed verdict standard for her negligence claims.
• M. O. Pigott and wife v. United States
  451 F.2d 574· 5th Cir.· 1971-10-13 ·cited 15×
  The court held that the specific operational decisions regarding the timing and thrust of rocket test firings do not fall under the "discretionary function" exception to the Tort Claims Act.
• Bernstein v. Lily-Tulip CUP Corp.
  177 So. 2d 362· Fla. 3d DCA· 1965-07-13 ·cited 15×
  A manufacturer is liable in implied warranty to a consumer injured by a defective product, even without privity of contract.
• Trotter v. Hewett
  163 So. 2d 510· Fla. 3d DCA· 1964-04-28 ·cited 15×
  A dentist was granted summary judgment in a malpractice action brought by a patient who sustained a fractured jawbone during wisdom tooth extraction. The appellate court reversed, holding that the record presented genuine issues of material fact regarding whether the dentist's fa
• Martha Fritts and her husband v. Collins
  144 So. 2d 850· Fla. 2d DCA· 1962-08-15 ·cited 15×
  The Fritts brought suit against motel operator Collins after Mrs. Fritts slipped on a shower floor treated with a commercial disinfectant (Steri-zone). The trial court entered judgment non obstante veredicto against the jury's verdict for plaintiffs, ruling that recovery would re
• Atl. Co. v. Orendorff
  156 Fla. 1· Fla.· 1945-05-11 ·cited 15×
  Atlantic Company appeals from a jury verdict awarding $750 in damages to a restaurant operator who received contaminated beer bottles. The Florida Supreme Court reverses and remands, holding that while the plaintiff proved a prima facie case of negligence in selling contaminated
• Matilda Reardon v. Fla. W. Coast Power Corp.
  97 Fla. 314· Fla.· 1929-03-02 ·cited 15×
  Widow of Maurice Reardon sued Florida West Coast Power Corporation for his death from electrical shock sustained while attempting to rescue workers killed by contact with uninsulated power lines. The Florida Supreme Court affirmed dismissal of the action, holding that the power c
• Norman Kenyon, M.D. v. Miller
  756 So. 2d 133· Fla. 3d DCA· 2000-03-01 ·cited 14×
  Dr. Kenyon appeals a medical malpractice verdict where the trial court gave a res ipsa loquitur instruction despite conflicting expert testimony on the standard of care. The court reverses, holding that res ipsa loquitur was improper where the case involved disputed expert testim
• Bennett P. Smith v. Xerox Corp.
  866 F.2d 135· 5th Cir.· 1989-02-23 ·cited 14×
  The court held that Xerox was entitled to government contractor immunity because it presented evidence that the United States approved reasonably precise specifications, the equipment conformed to those specifications, and Xerox warned the United States of known dangers, thus aff
• United States v. Nassau Marine Corp.
  778 F.2d 1111· 5th Cir.· 1985-12-19 ·cited 14×
  The court held that the owners were liable for wreck removal costs under Section 15 of the Rivers and Harbors Act because their negligence caused the barge to sink.
• Metro. Dade Cnty. v. Anne ST. Claire and Douglas St. Claire
  445 So. 2d 614· Fla. 3d DCA· 1984-01-31 ·cited 14×
  Metropolitan Dade County appealed a judgment finding it liable for damages when a police officer shot a hotel clerk after a dog attack, with the bullet passing through the clerk's arm. The court reversed, holding that the trial judge erred in instructing the jury on res ipsa loqu
• Hartman v. Opelika Mach. & Welding Co. & United States Fid. & Guar. Co.
  414 So. 2d 1105· Fla. 1st DCA· 1982-05-28 ·cited 14×
  In this products liability case, the Florida District Court of Appeal reversed a directed verdict on strict liability, holding that a manufacturer remains subject to strict liability even when producing a product for a single purchaser using that purchaser's design specifications
• Town OF E. Troy v. SOO Line R.R. Co.
  653 F.2d 1123· 7th Cir.· 1980-10-08 ·cited 14×
  The court held that the Town had standing to bring a public nuisance action to recover expenses incurred in remedying a groundwater pollution problem caused by the railroad's negligence, and that the receipt of a federal grant did not preclude recovery.
• Cortez Roofing, Inc. v. Barolo
  323 So. 2d 45· Fla. 2d DCA· 1975-12-03 ·cited 14×
  The court held that the doctrine of res ipsa loquitur was applicable and that the jury verdicts were not excessive.
• Simpson v. United States
  454 F.2d 691· 6th Cir.· 1972-02-04 ·cited 14×
  The court held that the plaintiffs failed to present sufficient evidence of government negligence to sustain a Federal Tort Claims Act claim.