Willful And Wanton Misconduct

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

• Walker v. I.T.D. Indus., Inc.
  437 So. 2d 230· Fla. 2d DCA· 1983-09-14 ·cited 7×
  Delores and Robert Walker appealed the dismissal of their workers' compensation tort claim against their employer I.T.D. Industries for chemical exposure injuries. The court reversed the dismissal, holding that the workers' compensation exclusivity defense must be raised by affir
• Nimnicht v. Ostertag
  225 So. 2d 459· Fla. 1st DCA· 1969-07-29 ·cited 7×
  An award for conscious pain and suffering is not excessive as a matter of law, even if the deceased lived only 23 hours in a state of unconsciousness or semi-consciousness, if the jury's determination is not arbitrary or shocking to the judicial conscience.
• Williams v. Pro-Tec, Inc.
  908 F.2d 345· 8th Cir.· 1990-07-12 ·cited 6×
  The court held that the district court did not err in instructing the jury on contributory fault and assumption of risk, nor in its rulings on expert witness testimony and cross-examination.
• Getty Petroleum Corp. v. Island Transp. Corp.
  878 F.2d 650· 2d Cir.· 1989-06-30 ·cited 6×
  The court affirmed the award of punitive damages for unfair competition under New York law, finding that the state-law claims survived the initial trial and were sufficiently proven, and that punitive damages are available for such conduct.
• Cross v. Am. Country Ins. Co.
  875 F.2d 625· 7th Cir.· 1989-05-23 ·cited 6×
  The court held that a contingent-fee agreement, even with minor technical deficiencies in its compliance with professional conduct rules, can be a valid and enforceable contract supporting a claim for intentional interference with contractual relations. The evidence was sufficien
• Shumake v. Fla. E. Coast Ry. Co.
  534 So. 2d 1178· Fla. 4th DCA· 1988-11-02 ·cited 6×
  Craig Shumake appealed from judgment on the pleadings entered against him in his negligence action arising from injuries sustained while climbing between railroad cars. The court reversed, holding that a trespasser's status does not bar recovery when the defendant had knowledge o
• Dykes v. Raymark Indus., Inc.
  801 F.2d 810· 6th Cir.· 1986-09-15 ·cited 6×
  The court held that Tennessee's Contribution Among Tort-Feasors Act applies to punitive damages awarded for willful and wanton conduct, and that post-injury evidence can be relevant to infer pre-injury conduct. The court reversed the denial of set-off for punitive damages.
• Fathalla El-Meswari v. Wash. GAS Light Co.
  785 F.2d 483· 4th Cir.· 1986-03-04 ·cited 6×
  The court held that the jury should decide the issue of punitive damages, as the defendant's conduct may have evinced a conscious disregard for the safety of others under the Virginia wrongful death statute.
• Peacock v. J.C. Penney Co., Inc.
  764 F.2d 1012· 4th Cir.· 1985-06-17 ·cited 6×
  The court held that the trial court did not err in submitting the issue of contributory negligence to the jury, nor in refusing to submit the claim for punitive damages, as the evidence did not meet Virginia's criteria for punitive damages.
• Martin v. Clum
  142 So. 2d 149· Fla. 3d DCA· 1962-06-05 ·cited 6×
  A guest passenger injured in an automobile collision appealed the dismissal of his negligence complaint against the vehicle owner and driver. The court reversed, holding that the plaintiff's allegations of excessive speed in flooded conditions with inoperative brakes stated a pot
• Mascarenas v. Johnson
  280 F.2d 49· 5th Cir.· 1960-06-30 ·cited 6×
  The court held that the trial court erred in removing the issue of the driver's potential intoxication and the plaintiff's contributory negligence from the jury's consideration.
• Clements v. Deeb
  88 So. 2d 505· Fla.· 1956-05-25 ·cited 6×
  This case involves a passenger injured when a driver deliberately pulled his steering wheel sharply left at highway speed to illustrate a story, causing the vehicle to go out of control and overturn. The Florida Supreme Court reversed a summary judgment for the defendant, holding
• Gately v. Chicago & E. I. R. Co.
  138 F.2d 222· 7th Cir.· 1943-10-26 ·cited 6×
  The court held that the plaintiff failed to prove he was in the exercise of due care and caution for his own safety, and thus, the defendant was entitled to a directed verdict.
• Hernando HMA, LLC v. Erwin
  208 So. 3d 848· Fla. 5th DCA· 2017-02-03 ·cited 5×
  Hernando HMA, LLC sought a writ of certiorari to quash a trial court order granting the plaintiff's motion to amend the complaint to add a punitive damages claim. The Florida Fifth District Court of Appeal denied the petition because the hospital failed to raise its primary argum
• Mellette v. Trinity Mem'l Cemetery, Inc.
  95 So. 3d 1043· Fla. 2d DCA· 2012-08-29 ·cited 5×
  A widow sued a cemetery for disinterring and relocating her deceased husband's body to Texas without her knowledge or consent, despite having explicitly told the cemetery that such removal was not permitted. The court reversed summary judgment, holding that the widow stated viabl
• Fort Lauderdale Lincoln Mercury, Inc. v. Fallaro
  616 So. 2d 594· Fla. 4th DCA· 1993-04-07 ·cited 5×
  Fort Lauderdale Lincoln Mercury appealed a trial court judgment that ruled in its favor on a breach of contract claim but against it on an odometer disclosure claim under federal law. The appellate court reversed, finding the trial court applied an incorrect legal standard for in
• City OF Bloomington v. Westinghouse Elec. Corp.
  891 F.2d 611· 7th Cir.· 1989-12-06 ·cited 5×
  The court held that the district court erred in dismissing the City's nuisance and abnormally dangerous activity claims for failure to assert Monsanto's "authority or actual physical control to direct the use or disposal of its product past the point of sale."
• Nelson v. Traer
  188 So. 2d 65· Fla. 3d DCA· 1966-04-19 ·cited 5×
  A deputy sheriff arrested a man for soliciting a ride on a highway, leaving his wife unprotected despite the husband's pleas. The wife was struck and killed by a passing vehicle minutes later. The court reversed dismissal of the wrongful death complaint, finding that the wife's d
• Wilson v. Ward Baking Co.
  318 F.2d 674· 6th Cir.· 1963-06-15 ·cited 5×
  The court held that the trial court did not err in submitting interrogatories regarding willful and wanton conduct, as the plaintiffs' complaints alleged such conduct, and the defendant owed no duty to a trespasser beyond refraining from willful injury.
• Myles McNICHOL v. S. Fla. Trotting Ctr., Inc.
  44 So. 3d 253· Fla. 4th DCA· 2010-10-06 ·cited 4×
  A directed verdict for an equine activity sponsor was improper where evidence established that a dirt mound placed on the track was not a normal training condition or inherent risk of equine activities, and thus raised a jury question whether the negligence exception to statutory
• Speedway Superamerica, LLC v. Dupont
  955 So. 2d 533· Fla.· 2007-04-05 ·cited 4×
• Ross v. Black & Decker
  977 F.2d 1178· 7th Cir.· 1992-10-21 ·cited 4×
  The court affirmed the jury's finding of liability and compensatory damages but vacated the punitive damages award as excessive.
• Russell v. PPG Indus., Inc.
  953 F.2d 326· 7th Cir.· 1992-01-09 ·cited 4×
  The court held that the plaintiff was a loaned employee of the defendant, barring his negligence claims under the Illinois Workers' Compensation Act, and that the facts did not support an intentional tort claim.
• Adelsperger v. Riverboat, Inc.
  573 So. 2d 80· Fla. 2d DCA· 1990-12-28 ·cited 4×
  Deputy Sheriff Adelsperger was severely injured during an altercation at the Riverboat Inn and sued the owner for negligence. The trial court dismissed the complaint under the Firefighter's Rule, which limits liability to property owners for injuries to law enforcement. The appel
• Hall v. State Farm Fire & Cas. Co.
  813 F.2d 137· 8th Cir.· 1987-02-26 ·cited 4×
  The court held that the evidence was sufficient to present a jury issue regarding willful and wanton conduct, and that the question of guest status should be submitted to the jury.
• Bernard v. Fla. E. Coast Ry. Co.
  624 F.2d 552· 5th Cir.· 1980-08-20 ·cited 4×
  The court held that the jury's finding of willful and wanton conduct by the railroad was supported by substantial evidence and thus could not be disturbed. The court also held that the trial court did not abuse its discretion in denying the plaintiff's motion to amend the complai
• North v. United States Steel Corp.
  495 F.2d 810· 7th Cir.· 1974-04-18 ·cited 4×
  The Indiana Workmen's Compensation Act provides an exclusive remedy for employee injuries, precluding common law actions for punitive damages even for statutory violations.
• Williams v. Seaboard Airline R.R. Co.
  283 So. 2d 33· Fla.· 1973-07-31 ·cited 4×
  A personal injury plaintiff who won a jury verdict for $141,750 in a railroad crossing accident case sought review of a District Court decision that reversed on retrial and entered judgment for the defendant. The Florida Supreme Court reinstated the original judgment, holding tha
• Kish v. Norfolk & W. Ry. Co.
  426 F.2d 1132· 7th Cir.· 1970-05-25 ·cited 4×
  The court held that the evidence presented was sufficient to allow a jury to determine whether the decedent was contributorily negligent or if the defendant's negligence proximately caused his death.
• Walker v. Everal Elizabeth Stayler Moser
  201 So. 2d 609· Fla. 4th DCA· 1967-07-28 ·cited 4×
  In this automobile guest statute case, the Florida District Court of Appeal reversed a directed verdict for the defendant driver, holding that the evidence of gross negligence (including driving after drinking alcohol, driving at excessive speed with a fogged windshield without g
• Knapp v. Banta
  333 F.2d 746· 7th Cir.· 1964-06-29 ·cited 4×
  The court held that the district court's findings of fact and conclusions of law were not clearly erroneous and were supported by substantial evidence.
• Fleming v. Eldridge Smart
  153 So. 2d 748· Fla. 3d DCA· 1963-05-28 ·cited 4×
  The court held that the plaintiff was a nonpaying guest passenger under the Florida guest statute, and since gross negligence was not alleged, the summary judgment for the defendant was proper.
• Sloan v. Tarlton
  285 F.2d 575· 8th Cir.· 1961-01-04 ·cited 4×
  The court held that the evidence was sufficient to support a finding of wilful and wanton misconduct by the defendant, making it a jury question.
• Shapiro v. The Gulf
  256 F.2d 193· 7th Cir.· 1958-05-19 ·cited 4×
  The court held that a cross-claim for implied indemnity was properly dismissed because the allegations showed the parties were joint tortfeasors and not within any recognized exceptions to the rule against contribution between wrongdoers. The court also held that the claim for pr
• Pa. Threshermen & Farmers' Mut. Cas. Ins. Co. v. Mrs. Myrtle Louise Thornton
  244 F.2d 823· 4th Cir.· 1957-05-20 ·cited 4×
  An insurer cannot deny liability based on late notice from the insured if the insurer's own dilatory conduct and failure to diligently defend prejudiced the insured, nor can it deny coverage for punitive damages awarded in a negligence case.
• Katz v. Ross
  216 F.2d 880· 3d Cir.· 1954-11-29 ·cited 4×
  The court held that the trial court properly submitted the factual question of whether the passengers paid for transportation to the jury, and that an attorney cannot cross-examine their own client.
• Ortman v. Smith
  198 F.2d 123· 8th Cir.· 1952-07-17 ·cited 4×
  The court held that neither the driver's conduct nor the owner's alleged negligent entrustment met the South Dakota Guest Statute's standard of willful and wanton misconduct, thus barring recovery for the guest passenger's death.
• Crowell v. M. R. & R. Trucking Co.
  157 F.2d 963· 5th Cir.· 1946-11-18 ·cited 4×
  The court held that contributory negligence is a valid defense under the Florida Guest Statute and that the trial court did not err in submitting this issue to the jury. The court also affirmed the judgment because the plaintiff failed to prove the gross negligence or willful and
• Five Fran, LLC v. Davis
  404 So. 3d 581· Fla. 3d DCA· 2025-01-08 ·cited 3×
  A plaintiff seeking to amend a complaint to add a punitive damages claim must make a reasonable showing by evidence in the record or proffered that would provide a reasonable basis for recovery; Davis failed to establish that Five Fran's conduct was so reckless or wanting in care
• Kirkland v. Unemployment Appeals Comm'n
  681 So. 2d 1211· Fla. 5th DCA· 1996-11-01 ·cited 3×
  Kirkland challenged the denial of unemployment benefits after his discharge for refusing a random drug test while off the clock. The court held that because Kirkland was off the clock when the employer requested the drug test, the refusal was not willful or wanton misconduct, and
• M.K. Foreman v. Russo
  624 So. 2d 333· Fla. 4th DCA· 1993-09-08 ·cited 3×
  A sanitation worker injured when a car struck his employer's garbage truck sued the corporate officers for gross negligence, arguing they were not entitled to workers' compensation immunity. The jury found three officers grossly negligent, and the appellate court affirmed, holdin
• Bierle v. Liberty Mut. Ins. Co.
  992 F.2d 873· 8th Cir.· 1993-05-17 ·cited 3×
  The court held that the trial court did not err in granting judgment as a matter of law on the punitive damages award because the evidence did not support a finding of malice, willful, or wanton conduct by the insurer.
• Rudolph v. Morgan
  228 So. 2d 121· Fla. 4th DCA· 1969-11-19 ·cited 3×
  A guest passenger sued her mother (the driver) for injuries from an automobile accident, alleging gross negligence. The trial court granted summary judgment for the defendant driver, but the appellate court reversed, holding that whether the driver's conduct of making a left turn
• Rollins Leasing Corp. v. Billy R. Lovette et ux.
  198 So. 2d 865· Fla. 1st DCA· 1967-04-25 ·cited 3×
  Rollins Leasing Corporation and employee David Crowder appealed a judgment for plaintiff Sandra Lovette based on simple negligence in a motor vehicle accident. The court reversed, holding that Lovette was a guest passenger under Florida's guest statute, which bars recovery absent
• Bank OF Am., N.A. v. Pate
  159 So. 3d 383· Fla. 1st DCA· 2015-03-16 ·cited 2×
• Crown Eurocars, Inc. v. Schropp
  636 So. 2d 30· Fla. 2d DCA· 1993-12-29 ·cited 2×
  Crown Eurocars and its sales manager Robert Cohen appealed a jury verdict awarding compensatory damages for fraud concerning misrepresentations about Mercedes-Benz involvement in a paint defect repair. The court affirmed the compensatory damages award but reversed the punitive da
• Emerald Denise Johnson v. Univ. OF Chicago Hosps.
  982 F.2d 230· 7th Cir.· 1992-12-28 ·cited 2×
  The court held that a hospital's voluntary undertaking to operate a telemetry system created a common law duty of care, but affirmed dismissal of the COBRA claim because the infant never 'came to' the hospital's emergency department.
• Nat'l R.R. Passenger Corp. v. Consol. Rail Corp.
  892 F.2d 1066· D.C. Cir.· 1990-01-05 ·cited 2×
  A district court must compel arbitration when parties have a valid agreement to arbitrate, even if the underlying dispute involves a potential public policy issue; the arbitrator should first determine the contract's meaning.
• Williams v. Fla. E. Coast Ry. Co. & Leslie Davis
  552 So. 2d 279· Fla. 3d DCA· 1989-11-14 ·cited 2×
  Sherman Williams, severely injured when struck by a train operated by Leslie Davis, appeals the trial court's dismissal of his punitive damages claims. The appellate court reverses, finding the complaint adequately alleged gross negligence and willful misconduct supporting puniti
• Brookins v. Gen. Motors Corp.
  843 F.2d 879· 6th Cir.· 1987-12-01 ·cited 2×
  The court held that the state court's dismissal with prejudice, after individualized consideration and a hearing on a motion for reinstatement, constituted an adjudication on the merits, thus barring the federal action under res judicata.