Personal Injury and Medical Malpractice Blog

In the case of Tuyuana Morris v. Orlando Muniz, M.D., Case Number SC16-931 (Fla. September 6, 2018), the Florida Supreme Court held a finding of prejudice is required in order for a trial judge to dismiss a medical malpractice action for an alleged Chapter 766 pre-suit...

In the case of Trugreen Landcare, LLC v. Charles Lacapra, Case Number 5D17-1594 (Fla. 5th DCA August 31, 2018), Florida’s Fifth DCA held that a palm tree planter in the parking lot of a movie theater where the plaintiff was cutting through was not dangerous as a matter of law...

In the case of 21st Century Centennial Insurance Company v. Dwayne Walker, Case Number 4D17-2937 (Fla. 4th DCA August 29, 2018), Florida’s Fourth DCA held that the “preferable approach” to awarding attorney fees in a UM case is to wait until the plaintiff has...

In the case of GKK v. Petronila Cruz, Case Number 3D18-560 (Fla. 3rd DCA July 5, 2018), Florida’s Third DCA held that the failure of a party to file a privilege log does not waive categorical privileges (i.e. work-product and attorney-client privileges).  This case arose...

In the case of Alberto Valle v. Scott Flory, Case Number 2D16-2848 (Fla. 2d DCA August 15, 2018), a proposal for settlement that was missing an attorney’s signature in the certificate of service was held to be valid. Background Facts Mr. Valle sued Mr. Flory (of course there is...

In the case of Craig Simmons v. Jackson Memorial Hospital, Case Number 3D17-2291 (Fla. 4th DCA August 1, 2018), a patient who was violently beaten by a third party during his stay at the hospital was not required to follow medical malpractice pre-suit requirements under Chapter 766,...

In the case of Nachelle Moss v. Estate of Curt Hudson, Case Number 5D17-3356, Florida’s Fifth DCA held that a plaintiff’s complaint should allege the jurisdictional grounds for substituted service of process under section 48.171, Fla. Stat. in order to invoke substituted...

In the case of Allstate Insurance Company v. Marlene Harmon, Case Number 17-23202-CIV-MORENO (U.S. Dist. Ct. S. Dist. Fla. March 21, 2018), a federal judge in U.S. District Court for the Southern District of Florida granted summary judgment to Allstate regarding coverage for a...

In the case of Osceola Regional Hospital v. Calzada, Case Number 5D17-4097 (Fla. 5th DCA July 6, 2018), Florida’s Fifth DCA reminded medical malpractice litigants that judges are required to hold an evidentiary hearing and make evidentiary findings in cases involving an alleged...

In the case of Giraldo v. Agency For Health Care Administration, Case Number SC17-297 (Fla. July 5, 2018), the Florida Supreme Court held that federal law limits the lien rights that AHCA (Florida Medicaid) can claim to amounts recovered for past medical expenses.  Florida...

In the case of Dayana St. Vil Lopez v. Yo Roofing and Associates, Inc. and Scott Allen Voorhees, Case number 4D17-2075 (Fla. 4th DCA June 27, 2018), Florida’s Fourth DCA held that a juror who clearly expressed bias against holding a party vicariously liable for a car accident...

In the case of Khorran v. Harbor Freight Tools USA, Inc., Case Number 3D17-1508 (Fla. 3d DCA June 27, 2018), Florida’s Third DCA reversed a summary judgment holding that there was sufficient evidence to support the plaintiff’s claim for negligence and negligent mode of...

In the case of Wal-Mart Stores, Inc. v. Derrick Thornton, Case Number 4D16-4173 (Fla. 4th DCA March 7, 2018), Florida’s Fourth DCA held that testimony from a doctor that a “potential” future surgery would cost a certain amount was not improper to support an award...

In the case of Plantation General Hospital v. Division of Administrative Hearings and Belzi, Case Number 4D16-2652 (Fla. 4th DCA April 4, 2018), the Florida Fourth DCA held that it was improper for a medical malpractice arbitration panel to award “economic damages” for...

In the case of Ramsey v. Dewitt Excavating, Inc., Case Number 5D17-311 (Fla. 5th DCA June 15, 2018), Florida’s Fifth DCA held that there was enough evidence to allow a jury to decide whether a fellow co-worker of Mr. Ramsey was grossly negligent in turning on a concrete mixer...

In the case of Wallace v. Keldie, Case Number 1D17-2877 (Fla. 1st DCA June 13, 2018), the Florida First DCA dismissed the plaintiff’s case after he appears to have forgotten about chronic back problems from prior injuries. A Brief Synopsis Of The Facts To briefly summarize the...

In the case of Sanchez v. Martin, Case Number 4D17-1731 (Fla. 4th DCA June 6, 2018), Florida’s Fourth DCA reversed a $1.5 million jury verdict over the improper use of a jury instruction regarding the aggravation of a pre-existing condition or injury. Not An...

In the case of Travelers Home and Marine Insurance Company v. Gallo, Case Numbers 5D16-3158 and 5D16-4214 (Fla. 5th DCA June 1, 2018), Florida’s Fifth DCA revisited the inquiry for determining the sufficiency of race neutral reasons suggested by lawyers in exercising peremptory...

In the case of Stern v. Horwitz, Case Number 2D17-3044 (Fla. 2d DCA May 30, 2018), a suggestion of death was filed after one of the parties to the lawsuit died and a dismissal was reversed because the 90 day time period under Fla. R. Civ. P. 1.260(a) does not require that the trial...

In the case of Nieves v. State Farm Mutual Automobile Insurance Company, Case Number 5D17-893 (Fla. 5th DCA May 25, 2018), State Farm challenged all of the damages awarded to the plaintiff with a “remittitur” and ends up getting a new trial just on the narrow issue of the...