Res Ipsa Loquitur

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

• Blackhawk Hotels Co. v. Laurence L. Bonfoey
  227 F.2d 232· 8th Cir.· 1955-11-22 ·cited 12×
  The court held that Blackhawk Hotels Company, as the operator of the hotel, had a non-delegable duty to provide safe elevator transportation, making it liable for the elevator's fall even if Haughton Elevator Company's negligence caused the accident. The court also held that ther
• Williams v. Cap. Transit Co.
  215 F.2d 487· D.C. Cir.· 1954-06-24 ·cited 12×
  The court held that service on Douglas's wife at his former residence was ineffective, voiding the judgment against him, but that the issue of Transit's negligence presented a jury question.
• Christensen v. Trotter
  171 F.2d 66· 9th Cir.· 1948-11-30 ·cited 12×
  The court held that the trial court properly instructed the jury on the doctrine of res ipsa loquitur and a relevant statute, and did not err in excluding impeachment evidence.
• Bratt v. W. Air Lines, Inc.
  169 F.2d 214· 10th Cir.· 1948-07-30 ·cited 12×
  The court held that an erroneous jury instruction regarding the presumption of due care for a deceased individual was harmless error because the plaintiffs' counsel had already removed the issue of the pilot's negligence from the case in their closing argument.
• Century Indem. Co. v. Arnold
  153 F.2d 531· 2d Cir.· 1946-02-06 ·cited 12×
  The court held that the res ipsa loquitur doctrine does not compel a directed verdict for the plaintiff, and the jury's verdict for the defendants was not erroneous.
• Westland Oil Co. v. Firestone Tire & Rubber Co.
  143 F.2d 326· 8th Cir.· 1944-06-26 ·cited 12×
  The court held that the plaintiff failed to present sufficient evidence to establish that the defendant's alleged negligence was the proximate cause of the fire, and therefore, the trial court did not err in directing a verdict for the defendant.
• Kantor v. City OF Coral Gables
  154 Fla. 523· Fla.· 1944-06-20 ·cited 12×
  This case clarifies that a plaintiff must prove negligence for a personal injury claim arising from a bus accident, even if the bus was owned by the defendant and the plaintiff was a fare-paying passenger. The mere occurrence of an accident is insufficient without evidence of the
• Sweeting v. Pa. R. Co.
  142 F.2d 611· 3d Cir.· 1944-05-01 ·cited 12×
  The court held that the evidence presented a jury question regarding the defendant's negligence, both in the circumstances of the accident and in the restoration of electrical power.
• Norfolk & W. Ry. Co. v. McKENZIE
  116 F.2d 632· 6th Cir.· 1941-01-08 ·cited 12×
  The court held that there was substantial evidence to support the jury's verdict, and the jury was entitled to weigh the credibility of the plaintiff's testimony despite his admitted perjury.
• Louisville & Nashville R.R. Co. v. Rhoda
  73 Fla. 12· Fla.· 1917-01-18 ·cited 12×
  The Florida Supreme Court reversed a negligence judgment against Louisville & Nashville Railroad Company in a Federal Employers' Liability Act case, holding that Florida's state negligence presumption statute conflicted with the federal act and that the defendant had produced unc
• FOX v. Dannenberg
  906 F.2d 1253· 8th Cir.· 1990-06-28 ·cited 11×
  The court held that the district court committed reversible errors by excluding expert testimony on the identity of the driver and by giving an improper jury instruction regarding an inference of who was driving. The court also held that the jury should have been instructed on re
• United States v. The Denver & RIO Grande W. R.R. Co.
  547 F.2d 1101· 10th Cir.· 1977-01-11 ·cited 11×
  The court held that while the railroad was liable for fire damage due to negligence, the government failed to prove the specific amounts for resource damages and overhead costs.
• Anderson v. Gordon
  334 So. 2d 107· Fla. 3d DCA· 1976-04-13 ·cited 11×
  A patient appealed a jury verdict in a medical malpractice case arising from a breast reduction surgery that resulted in tissue loss and scarring. The appellate court affirmed the jury's verdict for the defendant surgeon, holding that the trial court properly refused to instruct
• D. C. Transit Sys., Inc. v. Slingland
  266 F.2d 465· D.C. Cir.· 1959-04-17 ·cited 11×
  The court held that the jury instruction on res ipsa loquitur was erroneous, requiring reversal of the judgment against Transit, and modified the method of calculating contribution between the two jointly liable defendants.
• Tamiami Trail Tours, Inc. v. Locke
  75 So. 2d 586· Fla.· 1954-11-02 ·cited 11×
  Tamiami Trail Tours appeals the trial court's judgment denying recovery for damage to a semi-trailer that became uncoupled during towing by a repair mechanic. The Florida Supreme Court reversed, holding that the doctrine of res ipsa loquitur applied and entitled the plaintiff to
• Goff v. City of Fort Lauderdale
  65 So. 2d 1· Fla.· 1953-05-08 ·cited 11×
  Lee Annie Goff sued the City of Fort Lauderdale for negligent burns sustained while a patient at a city-operated hospital. The trial court granted the defendant's motion for directed verdict based on failure to prove negligence and failure to provide statutory notice. The Florida
• Henning v. Thompson
  45 So.2d 755· Fla.· 1950-04-14 ·cited 11×
  The Supreme Court of Florida reversed a trial court's decision that denied a new trial. The case involved a child injured by an exploding Coca-Cola bottle, and the court found prejudicial error in the jury instructions regarding negligence.
• Wal-Mart Stores, Inc. v. Rogers
  714 So. 2d 577· Fla. 1st DCA· 1998-07-01 ·cited 10×
  The court held that giving a jury instruction on the doctrine of res ipsa loquitur was improper because the instrumentality causing the injury was not under the exclusive control of the defendant.
• Cheung v. Ryder Truck Rental, Inc.
  595 So. 2d 82· Fla. 5th DCA· 1992-01-17 ·cited 10×
  Joseph Cheung, a passenger injured when a wheel detached from a towed Toyota and crashed through his vehicle's windshield, appealed summary judgment dismissing his negligence claims against the Ryder truck driver, the Toyota's owner, and Ryder itself. The appellate court reversed
• Parke v. Scotty's, Inc.
  584 So. 2d 621· Fla. 1st DCA· 1991-08-08 ·cited 10×
  The Florida District Court of Appeal reversed a summary judgment in a products liability case involving a defective stepladder, holding that the trial court improperly rejected the inference of defect arising from product malfunction during normal use (the Greco-Cassisi inference
• Pfoutz v. State Farm Mut. Auto. Ins. Co.
  861 F.2d 527· 8th Cir.· 1988-11-21 ·cited 10×
  The court held that the plaintiff presented sufficient evidence for a jury to infer negligence under the doctrine of res ipsa loquitur and Missouri's uninsured motorist statute, thus reversing the grant of summary judgment.
• Roffman v. Sears
  522 So. 2d 31· Fla. 4th DCA· 1987-11-04 ·cited 10×
  The court held that the trial court did not err in refusing to instruct the jury on res ipsa loquitur or in directing a verdict on simple negligence because the plaintiffs failed to present sufficient evidence.
• Scott v. White Trucks
  699 F.2d 714· 5th Cir.· 1983-03-07 ·cited 10×
  The court held that there was insufficient evidence to support the jury's finding that the truck's braking system was defectively designed or manufactured when it left the manufacturer's hands.
• The President & Directors OF Georgetown Coll. v. Madden
  660 F.2d 91· 4th Cir.· 1981-09-11 ·cited 10×
  The court held that the District of Columbia's ten-year statute of limitations for improvements to real property barred tort claims against design and construction professionals, and that a construction contract was not under seal, thus not subject to a longer limitations period.
• Aurora O'Neal as Administratrix of Estate of Tyrone O'Neal v. Brinton Esty
  637 F.2d 846· 2d Cir.· 1980-12-23 ·cited 10×
  The court held that the district court erred in excluding testimony regarding an alleged admission by one of the defendant officers that they "beat up" the plaintiff's deceased husband, as this evidence was crucial to the brutality claim.
• Benigno v. Cypress Cmty. Hosp., Inc.
  386 So. 2d 1303· Fla. 4th DCA· 1980-08-20 ·cited 10×
  In this medical malpractice/wrongful death case, the court affirmed a jury verdict for the hospital defendant after the trial court denied plaintiff's request for a res ipsa loquitur instruction. The court held that the instruction was properly denied because plaintiff presented
• Mattes v. Coca Cola Bottling Co. OF Miami
  311 So. 2d 417· Fla. 4th DCA· 1974-05-24 ·cited 10×
  The court affirmed the trial court's striking of plaintiff's implied warranty claim because plaintiff failed to prove the bottle causing injury was a Coca-Cola product or that she, as a bystander, had overcome the privity requirement.
• Pape v. DePEW
  281 So. 2d 224· Fla. 1st DCA· 1973-07-03 ·cited 10×
  Appellant Pape sought reversal of a negligence judgment in favor of the operator of an amusement ride (the "Giant Slide"), arguing the trial court erred in denying a jury instruction on res ipsa loquitur. The court affirmed the judgment, holding that res ipsa loquitur was inappli
• Causeway Marina, Inc. v. Mandel
  276 So. 2d 71· Fla. 3d DCA· 1973-04-17 ·cited 10×
  Causeway Marina appeals a judgment awarding boat owner Mandel $3,750 in damages for injury to his stored boat caused by a forklift malfunction. The court affirmed, finding the jury's negligence verdict supported by evidence and the doctrine of res ipsa loquitur applicable given t
• Doss v. Apache Powder Co.
  430 F.2d 1317· 5th Cir.· 1970-07-24 ·cited 10×
  The court held that the trial court erred in instructing the jury on an Arizona statute regarding dynamite age, as Texas law governed the sale in Texas and did not incorporate that foreign statute. The court also found errors in jury instructions regarding the duty to warn and th
• Bridges Scott v. The SS Ciudad de Ibague
  426 F.2d 1105· 5th Cir.· 1970-04-20 ·cited 10×
  A shipowner cannot recover indemnity from a stevedore for breach of the warranty of workmanlike performance when the stevedore did not breach that warranty, even if the shipowner's own conduct might have precluded recovery.
• Petersen v. Sgt. Robert M. Klos
  426 F.2d 199· 5th Cir.· 1970-03-19 ·cited 10×
  The court held that the district court erred in finding contributory negligence based on the decedent's failure to use a seat belt, as there was insufficient evidence of a causal connection and no established legal duty to use them. The court affirmed the finding of liability aga
• Jacinto Calvera v. Green Springs, Inc.
  220 So. 2d 414· Fla. 3d DCA· 1969-03-11 ·cited 10×
  This case concerns whether a complaint sufficiently stated a cause of action against a home builder and developer for a child's death caused by a falling planter. The court held that both the builder and the developer could be liable, reversing the dismissal of the complaint.
• Logan Charter Serv., Inc. v. Cargill, Inc.
  373 F.2d 54· 8th Cir.· 1967-02-06 ·cited 10×
  The court held that the trial court did not err in finding the appellant's crew solely responsible for the collision due to negligent navigation, and that the Government locktenders were not negligent.
• Town OF Radcliffe v. Carroll
  360 F.2d 321· 8th Cir.· 1966-05-17 ·cited 10×
  The court held that the trial court did not err in submitting the issues of negligence and contributory negligence to the jury, admitting evidence of custom, or applying the doctrine of res ipsa loquitur.
• Walston v. Lambertsen
  349 F.2d 660· 9th Cir.· 1965-08-05 ·cited 10×
  The court affirmed the trial court's judgment exonerating the vessel owner from liability, finding no evidence of negligence or unseaworthiness.
• Otis Elevator Co. v. Fay Ann Seale
  334 F.2d 928· 5th Cir.· 1964-07-28 ·cited 10×
  The court held that the jury instructions regarding Otis's duty of care and the application of res ipsa loquitur were proper, and that the jurisdictional amount was met.
• Mariblanca Navegacion v. Panama Canal Co.
  298 F.2d 729· 5th Cir.· 1962-01-18 ·cited 10×
  The court held that the appellant failed to prove the district court's finding of no pilot negligence was clearly erroneous, and therefore affirmed the decision.
• W. J. Kiely & Co., Inc. v. Dickey
  124 So. 2d 731· Fla. 3d DCA· 1960-11-10 ·cited 10×
  A sign affixed to a building by the general contractor W. J. Kiely & Co. fell and injured pedestrian John Dickey. The contractor's motion for directed verdict was denied, and the jury found the contractor liable under the doctrine of res ipsa loquitur. The appellate court affirme
• Harvey v. Maistrosky
  114 So. 2d 810· Fla. 2d DCA· 1959-10-09 ·cited 10×
  A customer injured when a canvas stool collapsed while trying on shoes in a self-service shoe store appeals from a directed verdict for the defendant. The appellate court reverses, holding that liability and the customer's status as an invitee are jury questions because the stool
• Hildur Clarkson and John L. Clarkson v. HERTZ Corp.
  266 F.2d 948· 5th Cir.· 1959-04-23 ·cited 10×
• Alexander v. Inland Steel Co.
  263 F.2d 314· 8th Cir.· 1958-12-31 ·cited 10×
  The court held that the trial court did not err in refusing to submit the case to the jury on theories of implied warranty, negligence in manufacturing/inspection, or failure to warn.
• Greyhound Corp. v. Blakley
  262 F.2d 401· 9th Cir.· 1958-12-08 ·cited 10×
  The court held that there was sufficient evidence for the jury to reasonably infer that carbon monoxide in the bus caused the plaintiff's injuries, and that the trial court did not err in its instructions or rulings.
• United States Fire Ins. Co. v. Milner Hotels, Inc.
  253 F.2d 542· 8th Cir.· 1958-04-01 ·cited 10×
  The court held that the evidence presented questions of fact regarding negligence and proximate cause, which were properly submitted to the jury.
• Joyce O'Connor as Administratrix of Benedict O'Connor v. United States
  251 F.2d 939· 2d Cir.· 1958-01-28 ·cited 10×
  The court held that the trial court erred in calculating damages by improperly including expense reimbursements as earnings, making the award excessive.
• Mounds Park Hosp. v. VON EYE
  245 F.2d 756· 8th Cir.· 1957-06-28 ·cited 10×
  The court held that there was substantial evidence to sustain the jury's verdict for the plaintiff and that the trial court did not err in denying the hospital's motion for a directed verdict or in its jury instructions and evidentiary rulings.
• The Kan. City S. Ry. Co. v. Carlton E. Justis
  232 F.2d 267· 5th Cir.· 1956-04-06 ·cited 10×
  The dissenting judge believes the lower court erred by applying the doctrine of res ipsa loquitur because sufficient evidence was presented.
• Ruddy v. NEW York Cent. R.R. Co.
  224 F.2d 96· 2d Cir.· 1955-06-24 ·cited 10×
  The court held that the railroad's appeal regarding the employee's FELA claim should be affirmed, but the indemnity claim against Atlas Tack Corporation should be reversed and remanded for a new trial.
• Wadiak v. Ill. Cent. R. Co.
  208 F.2d 925· 7th Cir.· 1953-12-22 ·cited 10×
  The court held that the evidence was insufficient to support any of the plaintiff's charges of negligence under the Federal Employers' Liability Act, and thus the trial court erred in denying the defendant's motion for a directed verdict.
• McGINLEY v. Chancey (two cases)
  70 So. 2d 357· Fla.· 1953-12-18 ·cited 10×
  In this consolidated appeal of two guest passenger injury cases, the Florida Supreme Court affirmed a directed verdict for the defendant driver, holding that plaintiffs failed to prove gross negligence as required under Florida's guest statute. The court rejected speculation and