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Hoffman v. Jones | 280 So.2d 431 (1973)
If plaintiffs are partially at fault for their injuries, can they still file suit and recover damages from the negligent defendant who harmed them? Or are they completely barred from recovering due to their own negligence? We explore those questions in Hoffman versus Jones.
William Jones was killed in a traffic accident. His wife, Hazel Jones, sued Hoffman, the driver of the other vehicle involved in the collision.
Under Florida law at the time, plaintiffs were generally barred from recovering if they were contributorily negligent. Jones, however, asked the trial court to instruct the jury on a theory of comparative negligence. Under that theory, Jones could still recover even if her husband was partially at fault for the accident. The trial court declined to instruct the jury on comparative negligence. The jury found in favor of Hoffman.
Jones then appealed to the Florida District Court of Appeal, which reversed. The appellate court held that Florida should replace contributory negligence with comparative negligence. Noting that the question was one of great public interest, the court of appeal then certified that question to the Florida Supreme Court. The Florida Supreme Court granted cert.
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