-
567 So. 2d 960·
Fla. 4th DCA·
1990-09-26
·cited 2×
First Southern Insurance Company appealed a workers' compensation lien determination where the trial court awarded it 70% of a $600,000 tort settlement based on comparative negligence (failure to wear a seat belt), plus costs. The appellate court affirmed the lien award but reman
-
447 So. 2d 316·
Fla. 4th DCA·
1984-02-15
·cited 2×
In this personal injury case arising from an automobile accident, the Fourth District Court of Appeal affirmed a jury verdict awarding $2.2 million to Florence Killane and $150,000 to Dennis Killane against Christopher Wehage and Protective Casualty Insurance Company. The court h
-
707 F.2d 823·
4th Cir.·
1983-06-03
·cited 2×
A manufacturer is not liable for injuries arising from a design defect if the defect neither caused nor contributed to the collision.
-
732 So. 2d 415·
Fla. 5th DCA·
1999-04-16
·cited 1×
In this negligence appeal, the Florida Fifth District Court of Appeal reversed a jury verdict for Williams and remanded for a new trial, holding that the trial court erred by excluding evidence of Williams' failure to wear a seat belt and by allowing damages for brain injury to g
-
632 F. Supp. 1340·
M.D. Fla.·
1986-04-14
·cited 1×
The court held that the seat belt defense, as a failure to mitigate damages, is not applicable in a Florida wrongful death action because it would allow a tortfeasor to evade liability, and even if applicable, the defendant failed to prove the decedent acted unreasonably by not w
-
586 So. 2d 1083·
Fla. 1st DCA·
1991-07-16
-
544 So. 2d 279·
Fla. 4th DCA·
1989-05-24
The exclusion of evidence regarding an oral modification of construction plans, which was authorized by the county, constituted an abuse of discretion and prejudiced the defendant.