GAINES

v.

MOONEY

Citator

Cited By

• Dayton Tire & Rubber Co. v. Davis, 348 So. 2d 575 (Fla. 1st DCA 1977)
  …ndant had blacked out, become paralyzed, or was trying to avoid hitting a child . . . .” Hence res ipsa has been held “unavailable in cases of automobile negligence.” Abrams v. Nolan Brown Cad. Co., 228 So. 2d 131, 132 (Fla.3d DCA 1969), cert. den., 237 So. 2d 536 (Fla.1970); Burgin v. Merritt, supra n.l, 311 So. 2d at 691. There are contrary decisions. 1 Frumer and Friedman, Products Liability 292 (1976). . In Clark v. Gibbons, 66 Cal.2d 399, 423, 58 Cal. Rptr. 125, 141-42, 426 P. 2d 525, 541 (1967), Chief…
• Lopez v. Fla. Power & Light Co., 501 So. 2d 1339 (Fla. 3d DCA 1987)
  …heories from which the jury could select a premise for liability. Merely proving that an accident occurred does not establish a prima facie case of negligence. Abrams v. Nolan Brown Cadillac Co., 228 So. 2d 131, 132 (Fla. 3d DCA 1969), cert. denied, 237 So. 2d 536 (Fla.1970). The “more likely than not” requirement regarding a plaintiff’s burden of proof in a negligence action has not been satisfied by Lopez. We agree with the trial court that Lopez failed to prove the allegations in her pleadings and that th…
• E. BAY Raceway & K & K Ins. Agency v. Parham, 497 So. 2d 719 (Fla. 2d DCA 1986)
  …nd a negligent act by appellant. Food Fair Stores v. Spinelli, 122 So. 2d 41 (Fla.2d DCA 1960). Negligence cannot be assumed by proving merely that an accident occurred. Abrams v. Nolan Brown Cadillac, 228 So. 2d 131 (Fla.3d DCA 1969), cert. denied, 237 So. 2d 536 (Fla.1970). Appellee’s case insufficiently addressed exactly how appellant’s actions deviated from a reasonable standard of care, specifically, how the allegedly faulty construction of the wall could have caused injuries or how any type of gate co…