Personal Injury and Medical Malpractice Blog

In the case of Basner v. Bergdoll, Case Number 1D19-562 (Fla. 1st DCA October 23, 2019), Florida’s First DCA held that a handwritten modification to an insurance release was a counteroffer and that a settlement was not made. Facts This case arose out of a 2017 car...

In the case of Florida Power & Light Company v. Tricia Dominguez, as PR for the Estate of Justin Dominguez, Case Number 2D18-2363 (Fla. 2d DCA October 25, 2019), Florida’s Second DCA held that direct corporate liability for punitive damages requires willful or wanton...

In the case of City of Miami v. Kho, Case Number 3D18-2369 (Fla. 3d DCA October 16, 2019), Florida’s Third DCA held that a slip and fall plaintiff did not lay a proper foundation to admit a photograph from Google Maps. Basic Facts Ms. Kho slipped and fell on a...

In the case of Myrtle Gannon v. John Cuckler, MD, et al, Case Number 2D17-4888 (Fla. 2d DCA October 16, 2019), Florida’s Second DCA held that the failure to raise lack of personal jurisdiction as a defense in either by motion or in the answer to the lawsuit results in waiver...

In the case of Mario Larrigui-Negron v. AHCA, Case Number 1D18-1172 (Fla. 1st DCA October 11, 2019) Florida’s First DCA held that the ALJ could not reject uncontradicted evidence that a Medicaid lien should be reduced without identifying a reasonable basis in the evidence to...

In the case of Kelly Mitchell v. Applebee’s Services, Inc., Case Number 1D18-2555 (Fla. 1st DCA October 1, 2019), Florida’s First DCA held that an amendment after the expiration of the statute of limitations that introduces a new element to the same cause of action...

In the case of Mastec North America, Inc. and Robert W. Dumas v. Kathleen Morakis, as guardian of Manual Perez Garcia, Case Number 4D18-1321 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA held that an accident reconstruction expert’s opinion that an impaired...

In the case of Maureen Stoyka v. Mary Grecz, Michael Grecz, The Tides at Bridgeside Square Condominium, and Dag M. Hansson, Case Number 4D19-1607 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA reiterated that a defendant’s medical records in a personal injury case...

Florida’s new law banning the use of cell phones in school zones and construction zones goes into effect October 1, 2019. Section 316.306, Fla. Stat. sets out new ways for law enforcement to enforce the “Florida Ban on Texting While Driving Law” found in section...

In the case of Jayann Contardi as next friend of B.C. v. Fun Town, LLC, Cases Number 5D18-3518 (Fla. 5th DCA September 27, 2019), Florida’s Fifth DCA upheld a summary judgment in favor of a skating rink stating that uneven floors alone are an open and obvious danger where...

In the case of Harold Krueger v. Quest Diagnostics, Inc., et al, Case Number 2D18-3823 (Fla. 2d DCA September 13, 2019), Florida’s Second DCA held that building code violations may be considered by the jury as evidence of negligence and that there is not a distinction between...

In the case of Jose Raul Angeles-Delgado and Jessica Carillo v. Julio Costa Benitez, Case Number 3D19-1022 (Fla. 3rd DCA September 11, 2019), Florida’s Third DCA held that financial relationships between the defendant’s experts, the defendant’s law firm, and the...

In the case of John Gray v. AHCA, Case Number 1D17-355 (Fla. 1st DCA September 3, 2019), Florida’s First DCA upheld a refusal from an ALJ to entertain a reduction larger than the statutory formula in section 409.910(f), Fla. Stat. even though the injury was very severe and...

In the case of Florida Birth-Related Neurological Injury Compensation Association v. Luis Arturo Jimenez, Case Number 3D18-1814 (Fla. 3d DCA August 28, 2019), Florida’s Third DCA held that parents who chose to reject a NICA award to pursue a lawsuit under the exceptions listed...

In the case of KT v. Royal Caribbean Cruises, LTD., the Eleventh Circuit Court of Appeals held that cruise ship operators have a duty to monitor and regulate the behaviors of their passengers, particularly where minors are involved. Facts KT was a minor. She was served...

In the case of North Broward Hospital District v. Michael Slusher, Case Number 4D19-1868 (Fla. 4th DCA August 21, 2019), Florida’s Fourth DCA held that a nurse helping a fall-risk patient in getting out of a bed must be sued in medical malpractice pursuant to Chapter 766, Fla....

In the case of the Estate of Gustavo Ramirez-Lucas v. John Hutchinson and Andrew Hutchinson, Case Number 4D18-2109 (Fla. 4th DCA August 14, 2019), Florida Fourth DCA held that a father who had executed a bill of sale to his son and removed the vehicle from his insurance policy was...

In the case of Safepoint Insurance Company v. Shanika Brown and Juanita Reid, Case Number 3D18-347 (Fla. 3rd DCA August 7, 2019), Florida’s Third DCA held that a proposal for settlement requiring the settling plaintiff to indemnify the defense for attorney fees and costs...

In the case of Timothy Patrick Collins v. Auto Partners V. LLC, d/b/a McGuire Chevrolet, Case Number 4D18-1855 (Fla. 4th DCA July 31, 2019), Florida’s Fourth DCA held that a written rental agreement is not required to apply the federal Graves Amendment in 49 U.S.C. Sec....

In the case of Manor Oaks, Inc. d/b/a Manor Oaks Nursing Home & Rehabilitation Center, v. Rosemarie Campbell, as Personal Representative of the Estate of Stanley Chanson, Case Number 4D18-3297 (Fla. 4th DCA July 31, 2019), Florida’s Fourth DCA held that a nursing home...