Personal Injury and Medical Malpractice Blog

In the case of W. Riley Allen v. Jairo Rafael Nunez, Case Number SC16-1164 (Fla. October 4, 2018), the Florida Supreme Court issued an opinion upholding the simple terms of a proposal for settlement and calling a challenge to “plain language” as...

In the case of Ashley Pogue v. Jennifer Garib, Case Number 4D17-2638 (Fla. 4th DCA October 3, 2018), Florida’s Fourth DCA reversed a $20,000 additur for pain and suffering added by the judge after a jury awarded zero dollars in pain and suffering despite finding that the...

In the case of State Farm Mutual Automobile Insurance Company v. Joseph V. Ferranti, Case Numbers 5D16-3980 and 5D17-756 (Fla. 5th DCA September 28, 2018), Florida’s Fifth DCA held that summary judgment for causation issues in a car accident case is not appropriate. Facts Of...

In the case of Anthony Newton v. Caterpillar Financial Services Corporation, et al., Case Number SC17-67 (Fla. September 27, 2018), the Florida Supreme Court held that front end loaders are considered a “dangerous instrumentality” under Florida law. Underlying Case...

In the case of GEICO Indemnity Company v. Ricardo Perez, Case Numbers 3D17-2317, 2407, and 2514 (Fla. 3rd DCA September 20, 2018), Florida’s Third DCA held that a $1.7 million jury verdict in a UM case needed retrial on the issue of whether the insured’s rejection of UM...

In the case of Suzanne Harvey v. GEICO General Insurance Company, Case Number SC17-85 (Fla. September 20, 2018) the Florida Supreme Court held that GEICO’s failure to comply with a request to take a statement of the insured was bad faith. The Underlying Liability Case In 2006,...

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...