Personal Injury Blog

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...

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...

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...

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....

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...

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...

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...

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. ...

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...

In the case of Rosella Wilcox v. Michael Neville, Case Number 1D18-4057 (Fla. 1st DCA October 30, 2019), Florida’s First DCA held that “postoffer settlement” in section 768.79(6), Fla. Stat. means after the offer was served. Underlying Facts This case arose...

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 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...

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 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...