simple negligence standard in Florida

8 Florida opinions name it 1 courts 1963–2025 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
O'Brien v. O'Briengreen fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 2025–2025 1 sentence 2025We affirm, holding that: (1) the trial court properly interpreted the parties’ agreement to mean that each agreed to waive their right to a jury trial, and that the waiver of any provision of the agreement must be in writing, see Goodenow v. Nationstar Mortg., LLC, 305 So. 3d 13 , 14 (Fla. 3d DCA 2019); Rybovich Boat Works, Inc. v. Atkins, 587 So. 2d 519, 521-22 (Fla. 4th DCA 1991); (2) the trial court did not abuse its discretion in striking Haedo’s demand for jury trial, upon a finding that Signature did not waive the contractual provision, see Wolfe v. Steven A. Smilack, P.A., 166 So. 3d 93	1	1
Rybovich Boat Works, Inc. v. Atkinsgreen fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2025–2025 1 sentence 2025We affirm, holding that: (1) the trial court properly interpreted the parties’ agreement to mean that each agreed to waive their right to a jury trial, and that the waiver of any provision of the agreement must be in writing, see Goodenow v. Nationstar Mortg., LLC, 305 So. 3d 13 , 14 (Fla. 3d DCA 2019); Rybovich Boat Works, Inc. v. Atkins, 587 So. 2d 519, 521-22 (Fla. 4th DCA 1991); (2) the trial court did not abuse its discretion in striking Haedo’s demand for jury trial, upon a finding that Signature did not waive the contractual provision, see Wolfe v. Steven A. Smilack, P.A., 166 So. 3d 93	1	1
Michael J. Wolfe and Doralba H. Wolfe v. Steven A. Smilack, P.A.green fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2025–2025 1 sentence 2025We affirm, holding that: (1) the trial court properly interpreted the parties’ agreement to mean that each agreed to waive their right to a jury trial, and that the waiver of any provision of the agreement must be in writing, see Goodenow v. Nationstar Mortg., LLC, 305 So. 3d 13 , 14 (Fla. 3d DCA 2019); Rybovich Boat Works, Inc. v. Atkins, 587 So. 2d 519, 521-22 (Fla. 4th DCA 1991); (2) the trial court did not abuse its discretion in striking Haedo’s demand for jury trial, upon a finding that Signature did not waive the contractual provision, see Wolfe v. Steven A. Smilack, P.A., 166 So. 3d 93	1	1
Gertz v. Robert Welch, Inc.green scotus · 1974 · cited in 1 Florida opinions naming this issue, 1983–1983 2 sentences 1983However, in attempting to balance the competing interests of freedom of the press and the reputation of the individual, recovery by private individuals was limited to an amount necessary to compensate them for their actual injuries by requiring that the New York Times "actual malice" standard be met in order to recover punitive damages. 418 U.S. at 349, 350 , 94 S.Ct. at 3011-3012 ; Helton v. United Press International, 303 So.2d 650 (Fla. 1st DCA 1974). 1983However, in attempting to balance the competing interests of freedom of the press and the reputation of the individual, recovery by private individuals was limited to an amount necessary to compensate them for their actual injuries by requiring that the New York Times "actual malice" standard be met in order to recover punitive damages. 418 U.S. at 349, 350 , 94 S.Ct. at 3011-3012 ; Helton v. United Press International, 303 So.2d 650 (Fla. 1st DCA 1974).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Corbo v. Garcia green fladistctapp · 2007 1 sentence 2013At the hearing on this motion, the Hospital discussed two cases in support of its motion, one of which is Corbo v. Garcia, 949 So.2d 366 (Fla. 2d DCA 2007).	1	2013–2013
Mobley v. GILBERT E. HIRSCHBERG, PA green fladistctapp · 2005 1 sentence 2011The Fourth District, however, reversed, holding that the patient’s claim that she was negligently banged in the face with a piece of equipment involves a simple negligence claim independent of the standard of care imposed on a health care provider. 915 So.2d at 218 .	1	2011–2011
Lawhon v. Mason green fladistctapp · 1993 1 sentence 2009Thus [the defendant] appropriately describes their approach as “attempting to ‘piggyback’ the discovery process of an unfiled Chapter 726 lawsuit onto a simple negligence claim.” Id. (citation omitted).	1	2009–2009
Westchester Exxon v. Valdes green fladistctapp · 1988 1 sentence 1995Cf. Westchester Exxon v. Valdes, 524 So.2d 452 (Fla. 3d DCA 1988) (service station not liable to customer for burns caused by hot water from self-service customer's radiator).	1	1995–1995
Helton v. United Press International green fladistctapp · 1974 1 sentence 1983However, in attempting to balance the competing interests of freedom of the press and the reputation of the individual, recovery by private individuals was limited to an amount necessary to compensate them for their actual injuries by requiring that the New York Times "actual malice" standard be met in order to recover punitive damages. 418 U.S. at 349, 350 , 94 S.Ct. at 3011-3012 ; Helton v. United Press International, 303 So.2d 650 (Fla. 1st DCA 1974).	1	1983–1983
F & J Enterprises, Inc. v. Columbia Broadcasting Systems, Inc. green ohnd · 1974 1 sentence 1982Defamation cases brought by private plaintiffs illustrate the type of information which may fail to reach the public if a simple negligence standard is imposed in "public event" cases, since such information, even when its sources appear reliable and accurate, can be neither verified before publication nor proved accurate in court: drug distribution, El Meson Espanol v. NYM Corp., 389 F. Supp. 357 (S.D.N.Y. 1974), aff'd, 521 F.2d 737 (2d Cir.1975); toy safety, F & J Enterprises, Inc. v. CBS, 373 F. Supp. 292 (N.D.Ohio 1974); organized crime, Time, Inc. v. Regano, 427 F.2d 219 (5th Cir.1970); b	1	1982–1982
American Broadcasting Companies, Inc. v. Smith Cabinet Manufacturing Co. green indctapp · 1974 1 sentence 1982Co., 160 Ind. App. 360 , 312 N.E.2d 85 (Ind. Ct. App. 1974).	1	1982–1982
Goode v. State green indctapp · 1974 1 sentence 1982Co., 160 Ind. App. 360 , 312 N.E.2d 85 (Ind. Ct. App. 1974).	1	1982–1982
New York Times Co. v. Sullivan green scotus · 1964 2 sentences 1982New York Times, 376 U.S. at 270 , 84 S.Ct. at 720 , 11 L.Ed.2d at 701 . 1982New York Times, 376 U.S. at 270 , 84 S.Ct. at 720 , 11 L.Ed.2d at 701 .	1	1982–1982
El Meson Espanol v. NYM CORPORATION green nysd · 1974 1 sentence 1982Defamation cases brought by private plaintiffs illustrate the type of information which may fail to reach the public if a simple negligence standard is imposed in "public event" cases, since such information, even when its sources appear reliable and accurate, can be neither verified before publication nor proved accurate in court: drug distribution, El Meson Espanol v. NYM Corp., 389 F. Supp. 357 (S.D.N.Y. 1974), aff'd, 521 F.2d 737 (2d Cir.1975); toy safety, F & J Enterprises, Inc. v. CBS, 373 F. Supp. 292 (N.D.Ohio 1974); organized crime, Time, Inc. v. Regano, 427 F.2d 219 (5th Cir.1970); b	1	1982–1982
Lawlor v. Gallagher Presidents' Report, Inc. green nysd · 1975 1 sentence 1982Defamation cases brought by private plaintiffs illustrate the type of information which may fail to reach the public if a simple negligence standard is imposed in "public event" cases, since such information, even when its sources appear reliable and accurate, can be neither verified before publication nor proved accurate in court: drug distribution, El Meson Espanol v. NYM Corp., 389 F. Supp. 357 (S.D.N.Y. 1974), aff'd, 521 F.2d 737 (2d Cir.1975); toy safety, F & J Enterprises, Inc. v. CBS, 373 F. Supp. 292 (N.D.Ohio 1974); organized crime, Time, Inc. v. Regano, 427 F.2d 219 (5th Cir.1970); b	1	1982–1982
Time, Inc. v. Frank Ragano green ca5 · 1970 1 sentence 1982Defamation cases brought by private plaintiffs illustrate the type of information which may fail to reach the public if a simple negligence standard is imposed in "public event" cases, since such information, even when its sources appear reliable and accurate, can be neither verified before publication nor proved accurate in court: drug distribution, El Meson Espanol v. NYM Corp., 389 F. Supp. 357 (S.D.N.Y. 1974), aff'd, 521 F.2d 737 (2d Cir.1975); toy safety, F & J Enterprises, Inc. v. CBS, 373 F. Supp. 292 (N.D.Ohio 1974); organized crime, Time, Inc. v. Regano, 427 F.2d 219 (5th Cir.1970); b	1	1982–1982
El Meson Espanol v. Nym Corporation green ca2 · 1975 1 sentence 1982Defamation cases brought by private plaintiffs illustrate the type of information which may fail to reach the public if a simple negligence standard is imposed in "public event" cases, since such information, even when its sources appear reliable and accurate, can be neither verified before publication nor proved accurate in court: drug distribution, El Meson Espanol v. NYM Corp., 389 F. Supp. 357 (S.D.N.Y. 1974), aff'd, 521 F.2d 737 (2d Cir.1975); toy safety, F & J Enterprises, Inc. v. CBS, 373 F. Supp. 292 (N.D.Ohio 1974); organized crime, Time, Inc. v. Regano, 427 F.2d 219 (5th Cir.1970); b	1	1982–1982
Lofton v. Jacksonville Electric Co. green fla · 1911 1 sentence 1963See: Lofton v. Jacksonville Electric Co., 61 Fla. 293 , 54 So. 959 ; J.	1	1963–1963

Where else courts name it

TX 16 (1976–2024) FL 8 (1963–2025) MS 7 (1974–2019) NJ 6 (1999–2022) GA 4 (1982–2017) CO 4 (1982–2026) SC 4 (1951–2007) LA 4 (1986–2009) KY 4 (1981–2016) VA 4 (1985–2023) OK 3 (2005–2015) NY 3 (1989–2004) CT 3 (1980–2002) IN 3 (1974–2009) MN 2 (1985–2023) ID 2 (2006–2011) MI 2 (1996–2002) OH 2 (1987–2005) MA 2 (1985–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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