Question
the following research on Westlaw using terms and connectors: 1. Search Florida cases ONLY for a FLORIDA Supreme Court case that contains the term negligence
the following research on Westlaw using terms and connectors:
1. Search Florida cases ONLY for a FLORIDA Supreme Court case that contains the term "negligence" in the same sentence as the term "attractive nuisance", and give the first case name and citation that comes up in your search
2. Search Florida cases ONLY for the only case that contains the term "negligence" in the same paragraph as the term "hot coffee", and give the first case name and citation that comes up in your search
3. Search for the following terms in a FLORIDA case: "negligence", "circus", and "animal". How many cases did you find with that search, and what is the first 2nd DCA case that comes up ?
Part 2 -
Florida used to apply "contributory negligence" as a defense to a negligence action. Contributory negligence bars a Plaintiff from recovering anything if the Plaintiff has any degree of fault in the situation.
In 1973, the Florida Supreme Court issued an opinion that mandated Florida to do away with contributory negligence, and the Court adopted comparative negligence instead. Comparative negligence reduces a Plaintiff recovery by the percentage of fault of the Plaintiff (ex. Plaintiff is awarded 100K by the jury but is 20 % at fault, so PL only gets 80K).
In addition, Florida decided to adopt "pure" comparative negligence in the 1973 case, which says a Plaintiff can recover even if they are more than 50% at fault. Some states prevent a Plaintiff who is 50% or more at fault from recovering, but Florida and "pure" comparative negligence does not.
Give the case name and citation (in proper Blue book format) for this 1973 FLORIDA Supreme Court Case.
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