Honeywell, Inc. v. Trend Coin Co.

8 Citing cases

  1. Trend Coin Co. v. Honeywell, Inc.

    487 So. 2d 1029 (Fla. 1986)   Cited 13 times

    PER CURIAM. This cause is before us to review Honeywell, Inc. v. Trend Coin Co., 449 So.2d 876 (Fla.3d DCA 1984), because of direct conflict with Jacksonville, Tampa Key West Railway v. Peninsular Land, Transportation Manufacturing Co., 27 Fla. 1, 9 So. 661 (1891), and Bergen Brunswig Corp. v. State Department of Health and Rehabilitative Services, 415 So.2d 765 (Fla. 1st DCA 1982), review denied, 426 So.2d 25 (Fla. 1983). We have jurisdiction.

  2. Nathanson v. Houss

    717 So. 2d 114 (Fla. Dist. Ct. App. 1998)   Cited 6 times

    Although the admission of expert testimony lies within the trial court's discretion, that discretion is not without limits. See Honeywell, Inc. v. Trend Coin Co., 449 So.2d 876 (Fla. 3d DCA 1984), quashed in part on other grounds, Trend Coin Co. v. Honeywell, Inc., 487 So.2d 1029 (Fla. 1986). Dr. Hyde has a lengthy curriculum vitae detailing extensive experience in the fields of medicine and biophysics. His experience includes work with the Air Force and NASA studying human tolerance to, and the effects of, acceleration on the human body. Dr. Hyde has also worked for the National Highway Traffic Safety Commission and written books on the crash worthiness of vehicle structures and crash injuries.

  3. Cruise v. Graham

    622 So. 2d 37 (Fla. Dist. Ct. App. 1993)   Cited 15 times
    Holding that denial of comparative fault instructions in fraud action was not error

    Id. Consequently, the Mazzilli court held that because assault and battery is an intentional tort, comparative negligence cannot be used to reduce a judgment awarded for that tort. See also Honeywell, Inc. v. Trend Coin Co., 449 So.2d 876, 879 (Fla. 3d DCA 1984) (holding argument that comparative fault is a defense to various offenses, including intentional misrepresentation, is without merit), approved in part, quashed in part, 487 So.2d 1029 (Fla. 1986). Cf. Deane v. Johnston, 104 So.2d 3 (Fla. 1958) (contributory negligence is not a bar to intentional torts); Acosta v. Daughtry, 268 So.2d 416, 419 (Fla. 3d DCA 1972) (same), cert. denied, 277 So.2d 788 (Fla. 1973); Leonard v. Nat Harrison Assocs., Inc., 122 So.2d 432, 434 (Fla. 2d DCA 1960) (contributory negligence is not a proper defense to the intentional tort of trespass).

  4. City of Winter Haven v. Allen

    541 So. 2d 128 (Fla. Dist. Ct. App. 1989)   Cited 17 times
    Holding that 1987 version of § 768.28 could not be applied retroactively

    The jury found that Story was thirty-five percent negligent, but the trial judge refused to reduce the amount of the jury verdict by that thirty-five percent. The Third District Court of Appeal in Mazzilli affirmed the trial judge on his refusal to reduce the verdict specifically on the basis that the jury had found that Doud, in addition to being negligent, committed an assault and battery on Story. The Mazzilli court, citing Deane v. Johnston, 104 So.2d 3 (Fla. 1958) and Honeywell, Inc. v. Trend Coin Co., 449 So.2d 876 (Fla. 3d DCA 1984), held that inasmuch as contributory negligence did not bar recovery for a tort legally classified as intentional, neither does comparative negligence operate as a defense to such an intentional tort. However, not only do the circumstances surrounding the shooting in Mazzilli differ greatly from the circumstances surrounding the shooting here but, unlike this case, Mazzilli was a personal injury case in which the complaint alleged, the defendant was tried for and the jury specifically found, that the defendant had committed the intentional tort of assault and battery.

  5. Trend Coin v. Fuller, Feingold

    538 So. 2d 919 (Fla. Dist. Ct. App. 1989)   Cited 10 times

    After considering the merits of the appeal, this court affirmed the judgment as to liability, but reversed and remanded for a new trial on the question of damages. Honeywell, Inc. v. Trend Coin Co., 449 So.2d 876 (Fla. 3d DCA 1984). In response to Trend Coin's petition for writ of certiorari, the supreme court reversed a portion of this court's decision and remanded the cause for a new trial.

  6. D.R. Mead & Co. v. Cheshire of Florida, Inc.

    489 So. 2d 830 (Fla. Dist. Ct. App. 1986)   Cited 15 times

    We agree and direct that this testimony be admitted at the new trial. Honeywell, Inc. v. Trend Coin Co., 449 So.2d 876 (Fla. 3d DCA 1984), approved in part, quashed in part on other grounds, 487 So.2d 1029 (Fla. 1986); Worcester Mutual Fire Insurance Co. v. Eisenberg, 147 So.2d 575 (Fla. 3d DCA 1962). We reject the other claim of harmful evidentiary error on this issue.

  7. Department of Corrections v. Hill

    490 So. 2d 118 (Fla. Dist. Ct. App. 1986)   Cited 2 times

    Veliz v. American Hospital, Inc., 414 So.2d 226, 228 (Fla. 3d DCA 1982) (an instruction which tends to confuse is cause for reversal if it may have misled the jury). The lower court was correct in ruling that Hill's comparative negligence is not a defense to false imprisonment, see Mazzilli v. Doud, 485 So.2d 477 (Fla. 3d DCA 1986) (comparative negligence is not a defense to an intentional tort); Honeywell, Inc. v. Trend Coin Co., 449 So.2d 876, 879 (Fla. 3d DCA 1984) (same), reversed on other grounds, 487 So.2d 1029, (Fla. 1986), and therefore D.O.C. is liable for the full amount of any damages caused by its false imprisonment of Hill. In the present case, however, the jury was misled by instructions on the reduction of damages.

  8. Mazzilli v. Doud

    485 So. 2d 477 (Fla. Dist. Ct. App. 1986)   Cited 28 times
    Holding comparative negligence not defense to intentional tort

    Even as contributory negligence did not under former law bar an action for a tort legally classified as intentional, Deane v. Johnston, 104 So.2d 3 (Fla. 1958), comparative negligence is not a defense to such a tort action under present law. Honeywell, Inc. v. Trend Coin Co., 449 So.2d 876, 879 (Fla. 3d DCA 1984). See Villines v. Tomerlin, 206 Cal.App.2d 448, 23 Cal.Rptr. 617 (1962) (contributory negligence no defense to assault and battery).