Hoffman v. Jones
Florida Supreme Court
280 So. 2d 431 (1973)
Relevant factsFree
Jones's widow (plaintiff) sued Hoffman and his employer (defendants) after her husband was killed in a car-truck accident, alleging Hoffman negligently operated the truck; the defendants raised contributory negligence as a complete bar, and the trial judge refused to instruct the jury on comparative negligence, resulting in a defense verdict. The district court of appeal certified to the Florida Supreme Court the question whether contributory negligence should remain a complete bar to recovery or be replaced by comparative negligence apportioning damages.
IssueFree
Whether a plaintiff may be completely precluded from recovering in negligence based on his own contributory negligence.