Personal Injury Blog

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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...

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...

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...

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...

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...

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...

2021 Changes to Fla R. Civ. P. 1.510

2021 Changes to Fla R. Civ. P. 1.510

Personal Injury

In SC20-1490 (December 31, 2020), the Florida Supreme Court amended the Florida Rules of Civil Procedure 1.510 to make it easier for judges to decide issues at a summary judgment hearing rather than a jury trial. The Old Rule v. The New Rule Fla. R. Civ. P. 1.510(c) (prior to...

Error to Award Past Medical Expenses Without Pain and Suffering

Error to Award Past Medical Expenses Without Pain and Suffering

Personal Injury

In the case of Gloria Cabrera v. Wal-Mart Stores East, LP, Case Number 3D19-2301 (Fla. 3rd DCA December 16, 2020), Florida’s Third DCA held that it was error for a jury to award damages for past medical expenses but nothing for pain and suffering. Facts And Injury Ms....

Owner Required to Anticipate Potential Fall Hazards

Owner Required to Anticipate Potential Fall Hazards

Personal Injury

In the case of Tracy Greene v. Twistee Treat USA, LLC, et al, Case Number 2D18-4064 (Fla. 2d DCA September 4, 2020), Florida’s Second DCA held that a man-made depression in a parking lot was not so open and obvious that summary judgment should be granted in favor of the...

Hotel Golf Cart Owes No Duty After Rider Disembarks

Hotel Golf Cart Owes No Duty After Rider Disembarks

Personal Injury

In the case of Curtis Luckman v. Alfred Harris Wills, et al., Case Number 3D19-453 (Fla. 3rd DCA July 29, 2020), Florida’s Third DCA held that a hotel operating a complimentary golf cart had no duty after the passenger voluntarily disembarked. Facts of the Case Luckman...

No Claim For Losing Cremated Remains Under Impact Rule

No Claim For Losing Cremated Remains Under Impact Rule

Personal Injury

In the case of Deon Williams v. Boyd-Panciera Family Funeral Care, Inc., Case Numbers 4D19-473 and 4D19-838, Florida’s Fourth DCA held that the parents of a deceased child had no claim for emotional distress after a funeral home lost the cremated remains of their child because...

Motel Cannot Blame Third Party For Negligent Security

Motel Cannot Blame Third Party For Negligent Security

Personal Injury

In the case of The Waves of Hialeah, Inc. v. Julia Machado, et al, Case Number 3D18-300 (Fla. 3d DCA February 19, 2020), Florida’s Third DCA held that a motel could not blame a third party for negligent security without a special relationship in a premises liability claim. ...

Overcharging For Medical Records When Request Comes From A Lawyer

Overcharging For Medical Records When Request Comes From A Lawyer

Personal Injury

In the case of Patricia Webber v. Bactes Imaging Solutions, Inc. n/k/a Sharecare Health Data Services, LLC, Case Numbers 2D18-2964 and 2D18-4813 (Fla. 2d DCA January 15, 2020), Florida’s Second DCA held that overcharging for patient records just because the request for records...

Authenticating Google Maps Images In Florida

Authenticating Google Maps Images In Florida

Personal Injury

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...

Lack of Personal Jurisdiction Defense Waived If Not Raised

Lack of Personal Jurisdiction Defense Waived If Not Raised

Personal Injury

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...

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