Willful And Wanton Misconduct

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

• Breeding v. Massey
  378 F.2d 171· 8th Cir.· 1967-06-05 ·cited 26×
  The court held that admitting evidence of the company's net worth was prejudicial error, especially given the intertwined issues of compensatory and punitive damages and the lack of clear jury instructions.
• Denis Henry v. Richardson-Merrell, Inc.
  508 F.2d 28· 3d Cir.· 1975-01-22 ·cited 25×
  The court held that New Jersey's choice of law principles mandate applying Quebec's statute of limitations, dismissing the suit as time-barred.
• Martin v. Young
  443 So. 2d 293· Fla. 3d DCA· 1983-12-27 ·cited 24×
  In a personal injury automobile collision case, the trial court directed a verdict for plaintiffs on liability and the no-fault statutory threshold, then the jury awarded minimal damages. The trial court granted a new trial on damages. On appeal, the court affirmed the directed v
• Jones v. United States
  693 F.2d 1299· 9th Cir.· 1982-12-07 ·cited 24×
  The United States is entitled to the protections of the Washington Recreational Land Use Act, and its conduct in failing to warn of a natural condition did not rise to the level of willful or wanton misconduct.
• O'Gilvie v. Int'l Playtex, Inc.
  821 F.2d 1438· 10th Cir.· 1987-06-18 ·cited 23×
  The court held that the trial court erred in reducing the punitive damages award based on post-trial events and that the plaintiff did not waive his right to appeal the remittitur. The court also affirmed the jury's liability verdict and rejected Playtex's arguments regarding com
• Juhasz v. Barton
  146 Fla. 484· Fla.· 1941-03-25 ·cited 23×
  A guest statute case where the plaintiff challenged the trial court's denial of her right to make an opening statement and sought a new trial after a jury verdict favoring the defendant. The Florida Supreme Court affirmed the judgment, holding that the trial court did not abuse i
• Royal Carraway v. Revell
  112 So. 2d 71· Fla. 1st DCA· 1959-03-26 ·cited 22×
  Royal Carraway sued to recover damages for his son's death while riding as a guest passenger in an automobile driven by Guy Revell, claiming gross negligence under Florida's guest statute. The trial court found the defendant not guilty of gross negligence and entered judgment for
• Univ. OF Miami v. The Honorable Herbert M. Klein
  603 So. 2d 651· Fla. 3d DCA· 1992-08-11 ·cited 21×
  The court held that birth-related neurological injuries resulting in post-delivery death are covered by the Neurological Injury Compensation Plan, making its administrative remedies exclusive unless bad faith is shown.
• Scotty Lamar POE v. IMC Phosphates MP, Inc.
  885 So. 2d 397· Fla. 2d DCA· 2004-10-15 ·cited 20×
  In this premises liability case, the Florida District Court of Appeal reversed a summary judgment dismissing claims by the Poe family after Mr. Poe's vehicle struck an unmarked metal pipe barrier on private property that resembled a continuation of a public road. The court held t
• In re P & E Boat Rentals, Inc. v. Ennia Gen. Ins. Co.
  872 F.2d 642· 5th Cir.· 1989-05-10 ·cited 20×
  The court held that a time charterer can be liable for its own negligence, not just for unseaworthiness or crew negligence. It also held that punitive damages against a principal for an agent's conduct require authorization, ratification, or reckless hiring, aligning with a more
• Taylor v. Gunter Trucking Co., Inc.
  520 So. 2d 624· Fla. 1st DCA· 1988-02-04 ·cited 20×
  This appeal challenges a summary judgment dismissing a plaintiff's punitive damages claim against a trucking company and its employee driver following an accident. The court affirmed the dismissal, finding insufficient evidence to support punitive damages against either defendant
• Cincinnati Ins. Co. v. City OF Taylorville
  818 F.2d 1345· 7th Cir.· 1987-05-12 ·cited 20×
  The court held that the city did not assume a duty to fight the fire before the owner joined the association, nor did the city ordinances create a mandatory duty to provide fire protection to the property owner.
• Isidore Strauss v. Stratojac Corp.
  810 F.2d 679· 7th Cir.· 1987-01-26 ·cited 20×
  The court held that the appellant waived its argument regarding inconsistent jury verdicts by failing to object before the jury was discharged, and that sufficient evidence supported the breach of contract, punitive damages, and compensatory damages awards.
• Seneca B. Anderson and Martha P. Anderson v. Walthal
  468 So. 2d 291· Fla. 1st DCA· 1985-03-26 ·cited 20×
  The Andersons appealed summary judgments dismissing their negligence action against Walthal, the owner of an industrial park, and his manager Hannon after Anderson was bitten by a dog owned by a tenant. The court held that Hannon's knowledge of the dangerous dog could be imputed
• Rucker v. Wabash R.R. Co.
  418 F.2d 146· 7th Cir.· 1969-11-10 ·cited 20×
  The court held that freight cars can be considered "unnecessary obstructions" under Illinois Commerce Commission Rule 205, and that the trial court erred in striking counts alleging violations of this rule. The court also held that the jury, not the judge, should determine if a v
• Fleming v. Lawson
  240 F.2d 119· 10th Cir.· 1956-12-28 ·cited 20×
  The court held that the defendant waived his right to challenge the sufficiency of the evidence by failing to renew his motion for a directed verdict and that the admission of prior speed evidence was proper.
• Thomas v. Atl. Coast Line R.R. Co.
  223 F.2d 1· 5th Cir.· 1955-06-02 ·cited 20×
  The dissenting judge argues that the majority erred in finding no probative facts to support a jury verdict of willful or wanton misconduct, asserting that reasonable inferences from the testimony could support such a finding.
• Wharton v. DAY
  151 Fla. 772· Fla.· 1942-11-13 ·cited 20×
  Plaintiff, a guest passenger injured in an automobile collision, recovered a jury verdict against the car owner under Florida's Guest Statute. The car owner appeals, challenging the trial court's jury instructions on gross negligence and the sufficiency of evidence to support a f
• Answerl Richardson v. Sams
  166 So. 2d 468· Fla. 1st DCA· 1964-07-21 ·cited 19×
  The defendant in an automobile negligence case under Florida's Guest Statute appealed a jury verdict for the plaintiff, challenging whether the evidence supported a finding of gross negligence as required by statute. The appellate court affirmed the judgment, holding that the evi
• MR. Furniture Warehouse, Inc. v. Barclays American/Commercial Inc.
  919 F.2d 1517· 11th Cir.· 1990-12-27 ·cited 18×
  The court held that Mr. Furniture lacked antitrust standing under the Sherman Act and that the district court properly directed a verdict against punitive damages.
• Wassell v. Adams
  865 F.2d 849· 7th Cir.· 1989-01-05 ·cited 18×
  The court held that the jury's apportionment of negligence, while potentially seeming low for the defendants, was not against the clear weight of the evidence and thus the district court did not abuse its discretion in denying a new trial.
• Miller v. Cudahy Co.
  858 F.2d 1449· 10th Cir.· 1988-09-28 ·cited 18×
  The court held that the salt pollution constituted a continuing nuisance causing temporary damages, thus the statute of limitations did not bar claims for damages within two years of filing. The court also affirmed the actual damages calculation and the punitive damages award, re
• Mrs. William O. Perdue and William O. Perdue, Jr. v. Watson
  144 So. 2d 840· Fla. 2d DCA· 1962-08-29 ·cited 18×
  In this negligence case, the defendants appeal a $30,000 judgment, arguing that the plaintiff failed to prove payment for transportation and therefore remained a guest under Florida law, which bars ordinary negligence claims against hosts. The appellate court affirmed, finding th
• Cleary v. Ind. Beach, Inc.
  275 F.2d 543· 7th Cir.· 1960-01-20 ·cited 18×
  The court held that allowing a jury to separate during deliberations is within the trial judge's discretion and does not violate the Seventh Amendment absent prejudice, and that a motion to amend a complaint after verdict to assert a new theory of negligence was properly denied.
• Black v. Henry Pratt Co. & Amsted Indus.
  778 F.2d 1278· 7th Cir.· 1985-12-11 ·cited 17×
• Matranga v. The Travelers Ins. Co.
  563 F.2d 677· 5th Cir.· 1977-11-18 ·cited 17×
  A Medicare fiscal intermediary acting under the Secretary of Health, Education and Welfare is shielded by sovereign immunity and cannot be sued for misconduct.
• Dawson v. United States
  894 F.2d 70· 3d Cir.· 1990-01-16 ·cited 16×
  The court held that section 3 of the Flood Control Act of 1928 immunizes the United States from liability for drownings at a flood control project when flood control waters are a substantial factor in causing the injuries, even if recreational use is involved.
• Girard v. Drexel Burnham Lambert, Inc.
  805 F.2d 607· 5th Cir.· 1986-12-12 ·cited 16×
  The court held that arbitration agreements apply to claims under the Securities Exchange Act of 1934 and RICO, but precedent dictates that 1934 Act claims are nonarbitrable while RICO claims are arbitrable. The court also held that litigation of nonarbitrable state claims need no
• Palmer v. State
  451 So. 2d 500· Fla. 5th DCA· 1984-05-03 ·cited 16×
  Rose M. Palmer appeals her conviction for two counts of vehicular homicide arising from a head-on collision between her van traveling northbound in a southbound lane and a motorcycle, killing two men. The appellate court affirms, finding no reversible error in the trial court's e
• Chicago v. Chicago
  437 F.2d 6· 7th Cir.· 1971-01-19 ·cited 16×
  The court held that the Standard Form for Detour Agreement's indemnity provisions applied to the accident, requiring the detouring railroad (Rock Island) to indemnify the other railroad (Burlington) for losses, including those arising from Burlington's violation of the Federal Sa
• Curry v. Line
  367 F.2d 921· 9th Cir.· 1966-10-10 ·cited 16×
  The court held that the California wrongful death statute encompasses claims based on unseaworthiness, and that contributory negligence in such cases serves only to mitigate damages, not bar recovery.
• Frank v. Lurie
  157 So. 2d 431· Fla. 2d DCA· 1963-11-01 ·cited 16×
  Two guests sued their host, Leah Lurie, for injuries sustained when her parked car suddenly accelerated and crashed. The trial court dismissed the complaints for failing to allege gross negligence as required by Florida's guest statute, and this court affirmed, holding that the a
• Fleetwood Homes OF Fla., Inc. v. Reeves
  833 So. 2d 857· Fla. 2d DCA· 2002-12-27 ·cited 15×
  Fleetwood Homes and its employees appealed a trial court's denial of summary judgment on workers' compensation immunity in a wrongful death action arising from a forklift accident. The District Court of Appeal reversed, holding that the defendants were entitled to summary judgmen
• Payton Health Care Facilities, Inc. v. Est. OF Morris Hugo Campbell
  497 So. 2d 1233· Fla. 2d DCA· 1986-07-30 ·cited 15×
  Payton Health Care Facilities and Southeastern Health Care appealed a jury verdict awarding compensatory and punitive damages in a wrongful death action arising from alleged negligent care of a nursing home patient who died from infected decubitus ulcers. The appellate court affi
• Am. Cyanamid Co. v. ROY
  466 So. 2d 1079· Fla. 4th DCA· 1984-12-19 ·cited 15×
  American Cyanamid Company appeals a jury verdict awarding the Roys damages for injuries caused by AM-9, a chemical grout product, finding liability based on defective warnings and awarding compensatory damages ($292,000 to Roy, $12,500 consortium to his wife) and punitive damages
• Rodriguez v. Gonzalez
  157 So. 2d 848· Fla. 2d DCA· 1963-11-27 ·cited 15×
  In a guest statute negligence case, the trial court instructed the jury using language from the culpable negligence and punitive damages standard rather than the established gross negligence standard for guest statute claims. The appellate court affirmed the trial judge's order g
• Jeanett Brown v. Killinger
  146 So. 2d 124· Fla. 1st DCA· 1962-11-08 ·cited 15×
  In this automobile negligence case, the plaintiff appealed a jury verdict in favor of the defendant-driver under Florida's Guest Statute. The court affirmed, holding that the plaintiff was a guest who must prove gross negligence rather than simple negligence, rejecting the argume
• Lowery v. Ill. Cent. Gulf R.R. Co.
  891 F.2d 1187· 5th Cir.· 1990-01-16 ·cited 14×
  The court held that the plaintiff was not an employee under FELA and was a licensee/trespasser under state law, but that the rescue doctrine claim should be reconsidered.
• Kaplan v. The Cir. Court OF the Tenth Jud. Cir. FOR Polk Cnty.
  495 So. 2d 231· Fla. 2d DCA· 1986-09-24 ·cited 14×
  The Florida Second District Court of Appeal holds that corporate officers and supervisors retain workers' compensation immunity when acting in their supervisory capacity to provide a safe workplace, even after the 1978 amendment to Florida's workers' compensation statute. The cou
• Finbar F. Creedon v. Loring
  249 F.2d 714· 1st Cir.· 1957-11-27 ·cited 14×
  The court held that an appeal from an order denying a motion for a new trial is a valid appeal from a final decision, and that the trial court's rulings were not erroneous on the merits.
• Fishback v. Yale
  85 So. 2d 142· Fla.· 1955-12-14 ·cited 14×
  In this guest statute case, the Florida Supreme Court affirmed summary judgment for a defendant who negligently drove his car into a guest passenger who had momentarily dismounted to open a gate. The court held that the guest statute applies to private roads and that the plaintif
• Motes v. Crosby
  65 So. 2d 478· Fla.· 1953-05-19 ·cited 14×
  The Florida Supreme Court affirmed judgments against Raymond Motes for gross negligence and willful and wanton misconduct in a motor vehicle accident that injured his guest passengers under Florida's guest statute. The court held that the jury's finding was sufficiently supported
• Nattens v. Grolier Soc'y, Inc.
  195 F.2d 449· 7th Cir.· 1952-03-27 ·cited 14×
  The court held that the evidence presented was sufficient for the jury to find the defendant guilty of wilful and wanton misconduct, and therefore the trial court erred in entering judgment notwithstanding the verdict.
• Alderwoods Grp., Inc. v. Reyvis Garcia
  119 So. 3d 497· Fla. 3d DCA· 2013-07-31 ·cited 13×
  Alderwoods Group, Inc. and related cemetery operators appeal a trial court's order certifying a class action lawsuit brought by families unable to locate their relatives' graves at Graceland Memorial Park South Cemetery. The Third District Court of Appeal reversed the class certi
• Tiger Point Golf & Country Club v. Hipple
  977 So. 2d 608· Fla. 1st DCA· 2007-12-20 ·cited 13×
  Tiger Point Golf Club appeals a judgment awarding compensatory and punitive damages to William J. Hipple for injuries sustained when he and others forcibly removed a deteriorated handrail that fell on his foot. The court affirms compensatory damages but reverses the punitive dama
• Mercedel W. Miles v. Melrose
  882 F.2d 976· 5th Cir.· 1989-09-11 ·cited 13×
  The court held that a savage assault can establish unseaworthiness as a matter of law, and that a seaman's estate cannot recover for lost future earnings under general maritime law, nor can nondependent parents recover for loss of society.
• Horn v. Corkland Corp.
  518 So. 2d 418· Fla. 2d DCA· 1988-01-06 ·cited 13×
  The Horns sued Corkland and Scarborough for trespass after the defendants cleared a waterway on their property to alleviate flooding, destroying trees in the process. The trial court directed a verdict for trespass with nominal damages of $1.00, vacated a jury award of $25,000 in
• Montgomery Ward & Co., Inc. v. Hoey
  486 So. 2d 1368· Fla. 5th DCA· 1986-04-10 ·cited 13×
  A security guard employed by Montgomery Ward detained a customer on suspicion of shoplifting, leading to her arrest and prosecution. After the charges were dismissed, the customer sued for malicious prosecution, battery, slander, and negligence. The jury awarded compensatory dama
• Carr v. Crosby Builders Supply Co., Inc.
  283 So. 2d 60· Fla. 4th DCA· 1973-08-29 ·cited 13×
  The guest statute's repeal requires that a passenger's death claim proceed on simple negligence rather than gross negligence. The trial court erred in instructing the jury on assumption of risk when insufficient evidence showed the passenger knew and appreciated the danger, and e
• Krause v. Rhodes
  471 F.2d 430· 6th Cir.· 1972-11-17 ·cited 12×
  The court held that the pleadings were contrived and failed to disclose valid causes of action under Section 1983, attempting to avoid dismissal by omitting crucial background facts.