BLUMENTHAL

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By (34 total)

• Nesbitt v. Cmty. Health OF S. Dade, Inc., 467 So. 2d 711 (Fla. 3d DCA 1985)
  …ed; there are precautions so imperative that even their universal disregard will not excuse their omission.” The T.J. Hooper, 60 F. 2d 737, 740 (2d Cir.) (citations omitted), cert. denied sub nom. Eastern Transportation Co. v. Northern Barge Corp., 287 U.S. 662, 53 S.Ct. 220, 77 L.Ed. 571 (1932). . Yet, in Weireter v. Great Northern Ry. Co., 146 Minn. 350, 178 N.W. 887, 889 (1920), while the court acknowledged that proving that something was done in the customary way does not necessarily prove that it was…
• Ins. Co. OF N. Am. & John Menninger v. Pasakarnis, 425 So. 2d 1141 (Fla. 4th DCA 1982)
  …, however, the mere adherence to even universal custom does not alone establish that reasonable care has been exercised. Sea Board Air Line R. Co. v. Watson, 94 Fla. 571, 113 So. 716 (1927); The T.J. Hooper, 60 F. 2d 737 (2d Cir.1932), cert. denied, 287 U.S. 662, 53 S.Ct. 220, 77 L.Ed. 571 (1933). . It should be pointed out that the same is true of jury determinations as to whether a vehicle or other product should be designed or equipped in a particular manner. W. Prosser, supra, § 96. This fact has surel…
• Sta-Rite Indus., Inc. v. Levey, 909 So. 2d 901 (Fla. 3d DCA 2004)
  …decades” long before 1989 when the Sta-Rite pump herein was manufactured.... . That such a device has not been actually adopted by any pump manufacturer is of little or no significance. See The T.J. Hooper, 60 F. 2d 737 (2d Cir.1932), cert. denied, 287 U.S. 662, 53 S.Ct. 220, 77 L.Ed. 571 (1933); Insurance Co. of North America v. Pasakarnis, 425 So. 2d 1141, 1146 n. 10 (Fla. 4th DCA 1982)(Schwartz, J., dissenting), decision quashed, cause remanded, 451 So. 2d 447 (Fla.1984); Nesbitt v. Community Health of…