ARAWAK FOODS, INC., APPELLANT,

v.

PALEX INTERNATIONAL, INC., APPELLEE

Citator

Cited By

• Grieco v. Daiho Sangyo, Inc., 344 So. 3d 11 (Fla. 4th DCA 2022)
  …ermine, inter alia, (1) causation in fact, i.e., whether the defendant’s conduct was a substantial factor in producing the result, and (2) whether the defendant’s responsibility is superseded by an abnormal intervening force.” Hoffman v. Bennett, 477 So. 2d 43, 44 (Fla. 3d DCA 1985). Therefore, proximate cause is not always a jury question. Courts may resolve this issue as a matter of law in certain cases such as those involving intervening negligence: “Florida law does not permit a jury to consider pro…
• Lopez v. Fla. Power & Light Co., 501 So. 2d 1339 (Fla. 3d DCA 1987)
  …ibilities, those only slightly probable, are beyond the limit of legal liability.” Lively, 465 So. 2d at 1276. Moreover, a court may make proximate cause determinations as a matter of law where reasonable people could not differ. Hoffman v. Bennett, 477 So. 2d 43, 44 (Fla. 3d DCA 1985). “In negligence actions Florida courts follow the more likely than not standard of causation and require proof that the negligence probably caused the plaintiff’s injury.” Gooding v. University Hosp. Bldg., Inc., 445 So. 2d 1…
• Cortes v. DELTA AIR Lines, Inc., 638 So. 2d 108 (Fla. 3d DCA 1994)
  …the accident — declining to give her the help she needed.8 See Pope v. Pirikerbon-Hays Lumber Co., 120 So. 2d 227 (Fla. 1st DCA 1960), cert. denied, 127 So. 2d 441 (Fla.1961); McCray v. Myers, 614 So. 2d 587 (Fla. 1st DCA 1993); Hoffman v. Bennett, 477 So. 2d 43 (Fla. 3d DCA 1985); Banat v. Armando, 430 So. 2d 503 (Fla. 3d DCA 1983), pet. for review denied, 446 So. 2d 99 (Fla.1984). See generally Slavin v. Kay, 108 So. 2d 462 (Fla.1958). Affirmed. . She spent most of the intervening time resting uneventfu…

Authorities Cited

• Laufer v. Norma Fashions, Inc., 418 So. 2d 437 (Fla. 3d DCA 1982)