Personal Injury and Medical Malpractice Blog

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Defamation In Medical Records

Defamation In Medical Records

Medical Malpractice

In the case of Halsey v. Hoffman, Case Number 2D22-3399 (Fla. 2nd DCA May 12, 2023), Florida’s Second DCA provided clarity on the issue of whether incorrect diagnoses that are perceived as defamatory in medical records is a type of medical malpractice that requires pre-suit...

Dangerous Instrumentality Does Not Apply to Joint Venture

Dangerous Instrumentality Does Not Apply to Joint Venture

Personal Injury

In the case of James Randolph Harris v. Sunbelt Rentals, Inc., et al., Case Number 3D21-2164 (Fla. 3rd DCA February 8, 2023), Florida’s Third DCA reversed a summary judgment in favor of Sunbelt Rentals on the issue of whether the plaintiff had joint control over the...

Liability of Property Owner to Worker

Liability of Property Owner to Worker

Personal Injury

In the case of Martex Corporation v. Roberto Artiles, Case Number 3D21-2119 (Fla. 3rd DCA January 11, 2023), Florida’s Third DCA held that a worker injured by falling through a sky light had a valid question as to whether the property owner was aware of a concealed danger and...

Use of Discovery Violations at Trial

Use of Discovery Violations at Trial

Personal Injury

In the case of Daniel Kellenberger v. Wal-Mart Stores East, LP, Case Number 1D21-2368 (Fla. 1st DCA November 30, 2022), Florida’s First DCA affirmed the extensive cross-examination of the plaintiff regarding discovery violations before trial. However, Justice Jay wrote a...

Weaponized Use Of Car

Weaponized Use Of Car

Car Accidents

In the case of Arthur Sager v. Madalina Blanco and Ricardo F. Blanco, Case Number 3D20-1194 (Fla. 3rd DCA October 12, 2022), Florida’s Third DCA held that an injured party is not precluded from pursuing vicarious liability when the vehicle involved has been weaponized by...

Undertakings Doctrine May Apply To Injury Case

Undertakings Doctrine May Apply To Injury Case

Personal Injury

In the case of Jane v. Beef O’Brady’s of DeFuniak Springs, LLC and City of DeFuniak Springs, Case Number 1D21-623 (Fla. 1st DCA September 14, 2022), Florida’s First DCA held that the undertakings doctrine could apply to a wrongful death claim when one restaurant...

Fraudulent Transfers After A Car Accident

Fraudulent Transfers After A Car Accident

Car Accidents

In the case of Rose Renda v. Joseph Price, Case Number 4D21-534 (Fla. 4th DCA July 27, 2022), Florida’s Fourth DCA held that using fraudulent funds to obtain a homestead for the purpose of defeating a judgment creditor results in an equitable lien on the homestead subject to...

General Testimony And The Attorney Client Privilege

General Testimony And The Attorney Client Privilege

Car Accidents

In the case of Papa John’s USA, Inc. and Lorena Gonzalez v. Paula Moore, Case Number 5D22-716 (Fla. 5th DCA July 15, 2022), Florida’s Fifth DCA reiterated that general testimony does not waive the attorney-client privilege. Instead, a waiver of attorney-client privilege...

Duty To Warn Of Shallow Pool Design

Duty To Warn Of Shallow Pool Design

Personal Injury

In the case of Aldo Gabriel Amenta Pozanco v. FJB 6501, Inc., Case Number 3D20-1734 (Fla. 3d DCA June 1, 2022), Florida’s First DCA reversed a summary judgment in favor of the defendant homeowner concluding that the owner had no duty to warn of a dangerous condition because...

Marrying Into A Wrongful Death Claim

Marrying Into A Wrongful Death Claim

Wrongful Death

In the case of Jennifer Ripple v. CBS Corporation, Case Number 4D20-1939 (Fla. 4th DCA March 30, 2022), Florida’s Fourth DCA held that a plaintiff who married the decedent after exposure to asbestos was barred from damages as the surviving spouse and certified a conflict with...

Release of Employee Also Released Employer

Release of Employee Also Released Employer

Car Accidents

In the case of Patrick Campbell v. Harper’s Air Inc., Case Number 3D21-0750 (Fla. 3d DCA January 19, 2022), Florida’s Third DCA held that a release of the driver that includes a release for “employers” also releases the employer at the time of the accident...

Coverage for Mobile Crane Limited

Coverage for Mobile Crane Limited

Personal Injury

In the case of People’s Trust Insurance Company v. Progressive Express Insurance Company, Case Number 3D19-1952 (Fla. 3rd DCA December 8, 2021), Florida’s Third DCA held that a mobile crane used to lift a shed was not covered under an automobile insurance policy while...

Plaintiff Referrals Are Not Discoverable

Plaintiff Referrals Are Not Discoverable

Personal Injury

In the cases of Brent Dodgen v. Kaitlyn Grijalva, Case Number SC19-1118 (Fla. October 14, 2021) and Steven Younkin v. Nathan Blackwelder, Case Number SC19-385 (Fla. October 14, 2021), the Florida Supreme Court upheld the Worley decision and held that the financial relationship...

Defendant’s Death Does Not Make A Legal Nullity

Defendant’s Death Does Not Make A Legal Nullity

Car Accidents

In the case of Linda Friedel v. Elizabeth Edwards, Case Number 2D20-2233 (Fla. 2d DCA September 29, 2021), Florida’s Second DCA held that a lawsuit against the defendant was not a legal nullity where the defendant passed away shortly before the lawsuit was...

Proposal for Settlement Taxable Costs Calculation

Proposal for Settlement Taxable Costs Calculation

Personal Injury

In the case of Estate of Sweeney v. Gloria Washington, Case Numbers 2D20-1848 and 2D20-2520 (Fla. 2d DCA September 3, 2021), Florida’s Second DCA held that calculations for the “net judgment” on a proposal for settlement only includes costs that would have been...

No Setoff For UM Bad Faith Settlement

No Setoff For UM Bad Faith Settlement

Car Accidents

In the case of Alberta Ellison v. Randy Willoughby, Case Number 2D19-1961 (Fla. 2d DCA June 11, 2021), Florida’s Second DCA held that a tortfeasor does not get a setoff for bad faith on the part of the injured person’s insurance company. Facts of the...

Breach For Failure To Pay Settlement Timely

Breach For Failure To Pay Settlement Timely

Personal Injury

In the case of Michael Anthony Mortellaro, as PR for the Estate of Gloria C. Cooper, v. Caribe Health Center, Inc., Case Number 2D19-4473 (Fla. 2d DCA May 26, 2021), Florida’s Second DCA held that failure to pay a settlement agreement on time resulted in a material breach and...

Available for Regular Use In GEICO Policy

Available for Regular Use In GEICO Policy

Car Accidents

In the case of GEICO Indemnity Company v. Brian Walker, et al, Case Number 4D20-764 (Fla. 4th DCA May 12, 2021), Florida’s Fourth DCA held that a vehicle to which the driver had been given open permission without restriction to use was not covered because it was...

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