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5 Florida opinions name it 2 courts 2001–2016 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.
| Case | Followed | Cited |
|---|---|---|
Hart v. Sterngreen1 sentence2013“If a defendant’s negligence operates in combination with the negligent act of another or a natural cause, ... the concurrent causation instruction should be given.” Hart v. Stern, 824 So.2d 927, 930 (Fla. 5th DCA 2002) (citations omitted). | 1 | 1 |
Goldschmidt v. Holmangreen1 sentence2001See Goldschmidt v. Holman, 571 So.2d 422, 425 (Fla.1990) (finding concurrent causation instruction unnecessary where “[n]o one argued or presented evidence that any other operative cause was present”, no one “ever asserted that the preexisting [condition] caused any part of [plaintiffs] injury”, or testified how the preexisting condition “operated in relation to [defendant’s] alleged negligence.”); Williams v. Bankers Multiple Line Ins. | 1 | 1 |
Zigman v. Clinegreen1 sentence2001Moreover, “[although the term ‘concurring’ suggests that such causes of damage must occur ‘simultaneously,’ it has been held that temporally preceding conditions can conjoin with a defendant’s subsequent alleged negligence.” Zigman v. Cline, 664 So.2d 968, 970 (Fla. 4th DCA 1995). | 1 | 1 |
Marrero v. Salkindgreen2 sentences2001See Marrero v. Salkind, 433 So.2d 1224 (Fla. 3d DCA 1983) (finding the instruction was required where testimony demonstrated that “death was caused by negligence of the doctors, in combination with a natural cause.”); Goodman v. Becker, 430 So.2d 560 (Fla. 3d DCA 1983) (finding the concurrent causation instruction was required where evidence demonstrated that plaintiffs stroke was caused by the effect of the defendant doctor’s surgical procedure combined with plaintiffs preexisting circulatory and hypertensive problems). 2001See Marrero v. Salkind, 433 So.2d 1224 (Fla. 3d DCA 1983) (finding the instruction was required where testimony demonstrated that “death was caused by negligence of the doctors, in combination with a natural cause.”); Goodman v. Becker, 430 So.2d 560 (Fla. 3d DCA 1983) (finding the concurrent causation instruction was required where evidence demonstrated that plaintiffs stroke was caused by the effect of the defendant doctor’s surgical procedure combined with plaintiffs preexisting circulatory and hypertensive problems). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Garvey v. State Farm Fire & Casualty Co.
green
2 sentences2016Co., 770 P.2d 704 (Cal. 1989), the Second District reasoned that “a covered peril can usually be found somewhere in the chain of causation, and to apply the concurrent causation analysis would effectively nullify all exclusions in an all-risk policy.” Sebo, 141 So. 3d at 201 (citing Garvey, 770 P. 2d at 705 ). 2016Co., 770 P.2d 704 (Cal. 1989), the Second District reasoned that “a covered peril can usually be found somewhere in the chain of causation, and to apply the concurrent causation analysis would effectively nullify all exclusions in an all-risk policy.” Sebo, 141 So. 3d at 201 (citing Garvey, 770 P. 2d at 705 ). | 2 | 2013–2016 |
Wallach v. Rosenberg
green
2 sentences2016However, the court disagreed with the trial court’s application of Wallach, 527 So. 2d 1386 , and, in fact, disagreed with the Third District’s “determination that the concurrent causation doctrine should be applied in a case involving multiple perils and a first-party insurance policy.” Sebo, 141 So. 3d at 198 . 2016However, the court disagreed with the trial court’s application of Wallach, 527 So.2d 1386 , and, in fact, disagreed with the Third District’s “determination that the concurrent causation doctrine should be applied in a case involving multiple perils and a first-party insurance policy.” Sebo, 141 So.3d at 198 , The court reversed and remanded for a new trial, “in which the causation of Sebo’s loss is examined under the efficient proximate cause theory.” Id. at 201 . | 2 | 2013–2016 |
American Home Assurance Co. v. Sebo
green
2 sentences2016However, the court disagreed with the trial court’s application of Wallach, 527 So. 2d 1386 , and, in fact, disagreed with the Third District’s “determination that the concurrent causation doctrine should be applied in a case involving multiple perils and a first-party insurance policy.” Sebo, 141 So. 3d at 198 . 2016Co., 770 P.2d 704 (Cal. 1989), the Second District reasoned that “a covered peril can usually be found somewhere in the chain of causation, and to apply the concurrent causation analysis would effectively nullify all exclusions in an all-risk policy.” Sebo, 141 So. 3d at 201 (citing Garvey, 770 P. 2d at 705 ). | 2 | 2015–2016 |
Transamerica Ins. Co. v. Snell
green
1 sentence2013Co. v. Snell, 627 So.2d 1275 (Fla. 1st DCA 1993) (citing the concurrent causation doctrine in a case involving an errors and omissions policy where Snell sued Transamerica’s insured for negligence, a third-party case). 3 Against this sparse background of precedents, we disagree with the rule stated in Wallach and applied by the circuit court in this case. | 1 | 2013–2013 |
Goodman v. Becker
green
2 sentences2001See Marrero v. Salkind, 433 So.2d 1224 (Fla. 3d DCA 1983) (finding the instruction was required where testimony demonstrated that “death was caused by negligence of the doctors, in combination with a natural cause.”); Goodman v. Becker, 430 So.2d 560 (Fla. 3d DCA 1983) (finding the concurrent causation instruction was required where evidence demonstrated that plaintiffs stroke was caused by the effect of the defendant doctor’s surgical procedure combined with plaintiffs preexisting circulatory and hypertensive problems). 2001See Marrero v. Salkind, 433 So.2d 1224 (Fla. 3d DCA 1983) (finding the instruction was required where testimony demonstrated that “death was caused by negligence of the doctors, in combination with a natural cause.”); Goodman v. Becker, 430 So.2d 560 (Fla. 3d DCA 1983) (finding the concurrent causation instruction was required where evidence demonstrated that plaintiffs stroke was caused by the effect of the defendant doctor’s surgical procedure combined with plaintiffs preexisting circulatory and hypertensive problems). | 1 | 2001–2001 |
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.