collision claim (Florida) · Go Syfert
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collision claim in Florida

6 Florida opinions name it 2 courts 1961–2019 0 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 (6)

CaseFollowedCited
Grappin v. Stategreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See Bautista, 863 So. 2d at 1185 (finding that the legislature intended two convictions for two deaths resulting from a single collision in violation of a single DUI statute); Grappin v. State, 450 So. 2d 480, 483 (Fla. 1984) (finding that taking five firearms from the same place at the same time in violation of a single firearm theft statute could result in five convictions); McKnight, 906 So. 2d at 374 (holding that the unit of prosecution of a vehicular homicide statute is each victim).

11
Bautista v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See Bautista, 863 So. 2d at 1185 (finding that the legislature intended two convictions for two deaths resulting from a single collision in violation of a single DUI statute); Grappin v. State, 450 So. 2d 480, 483 (Fla. 1984) (finding that taking five firearms from the same place at the same time in violation of a single firearm theft statute could result in five convictions); McKnight, 906 So. 2d at 374 (holding that the unit of prosecution of a vehicular homicide statute is each victim).

11
McKnight v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See Bautista, 863 So. 2d at 1185 (finding that the legislature intended two convictions for two deaths resulting from a single collision in violation of a single DUI statute); Grappin v. State, 450 So. 2d 480, 483 (Fla. 1984) (finding that taking five firearms from the same place at the same time in violation of a single firearm theft statute could result in five convictions); McKnight, 906 So. 2d at 374 (holding that the unit of prosecution of a vehicular homicide statute is each victim).

11
Whitehead v. Linkousgreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Hertz Corp., 351 So.2d at 706 . [13] The circumstances considered in Whitehead v. Linkous, 404 So.2d 377 (Fla. 1st DCA 1981), further illustrate the medical malpractice analogy.

11
Stuart v. Hertz Corp.green
fla · 1977 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Hertz Corp., 351 So.2d at 706 . [13] The circumstances considered in Whitehead v. Linkous, 404 So.2d 377 (Fla. 1st DCA 1981), further illustrate the medical malpractice analogy.

11
Sivilla v. State Farm Mut. Auto. Ins. Co.green
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See id. at 554.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Mims v. Reid green
fla · 1957
1 sentence

1969Mims v. Reid, Fla.1957, 98 So.2d 498 , is the basic authority for the proposition that prior to payment of the collision claim it is part of the insured’s claim against the tortfeasor and cannot be split from his claim on account of personal injuries.

11969–1969
Titus v. Emmco Insurance Company green
fladistctapp · 1959
1 sentence

1969Titus v. Emmco Insurance Company, Fla. App.1959, 109 So.2d 781 , permitted the carrier to sue an insured who was erroneously frustrated in his effort to prove property damage in the trial court but did not appeal.

11969–1969
Stein v. Darby green
fla · 1961
1 sentence

1962While the language of the opinion in Stein v. Darby, Fla.1961, 134 So.2d 232 , purports to make the distinction for which it is cited in the majority opinion, the decision itself can be explained as one merely determining district court jurisdiction to entertain an appeal from a trial court order not actually passing on a constitutional issue, raised by motion to dismiss, but dismissing the complaint in a situation where the controverted statute might have been construed as insufficient to support the action because of the potential constitutional objection. 4 The district court in that case d

11962–1962
Bryan v. Southern Pacific Company green
ariz · 1955
2 sentences

1961If it be true, as contended by plaintiff, that the deceased, when injured, was crossing defendant’s track, oblivious of the approach of a train, holding an open umbrella in such a manner as to obstruct his view of an approaching train, and a lookout stationed upon the rear of the car, in the exercise of reasonable diligence, could and would have discovered the plaintiff’s perilous situation in time to avert the collision by warnings, application of brakes, or otherwise, then the failure to put a lookout on the rear of such train was negligence on defendant’s part, contributing directly to the

1961If it be true, as contended by plaintiff, that the deceased, when injured, was crossing defendant’s track, oblivious of the approach of a train, holding an open umbrella in such a manner as to obstruct his view of an approaching train, and a lookout stationed upon the rear of the car, in the exercise of reasonable diligence, could and would have discovered the plaintiff’s perilous situation in time to avert the collision by warnings, application of brakes, or otherwise, then the failure to put a lookout on the rear of such train was negligence on defendant’s part, contributing directly to the

11961–1961
Florida Central & Peninsular Railroad v. Williams neutral
fla · 1896
1 sentence

1961If it be true, as contended by plaintiff, that the deceased, when injured, was crossing defendant’s track, oblivious of the approach of a train, holding an open umbrella in such a manner as to obstruct his view of an approaching train, and a lookout stationed upon the rear of the car, in the exercise of reasonable diligence, could and would have discovered the plaintiff’s perilous situation in time to avert the collision by warnings, application of brakes, or otherwise, then the failure to put a lookout on the rear of such train was negligence on defendant’s part, contributing directly to the

11961–1961

Where else courts name it

FL 6 (1961–2019) LA 6 (1953–1989) CA 6 (1947–2015) TX 6 (1958–2022) NY 4 (1952–2022) GA 3 (1973–1992) HI 3 (1923–2015) MI 2 (1971–1998) MT 2 (1988–2008) NC 2 (1961–1989) PA 2 (1950–1975) MA 2 (1932–1934) AL 2 (1924–1989) MO 2 (1947–1965) MD 2 (1942–1963) CT 2 (1939–1999)

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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