Personal Injury Blog

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 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 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 Koppel v. Ochoa, Case Number SC16-1474 (May 17, 2018), the Florida Supreme Court held that the filing a motion for enlargement of time does not automatically extend the deadline to extend a proposal for settlement. What Happened In The Case This case arose from a 2011...

In the case of Target Corporation v. Kaufer, 4D16-3413 (Fla. 4th DCA 2018) a jury verdict for the plaintiff was reversed on appeal where, as a matter of law, Target could not be held legally responsible for the actions of another customer dripping soap on a waxed and...

In the case of Simon’s Trucking, Inc. v. Lieupo, Case Number 1D17-2065, the First DCA held that section 376.313, Fla. Stat. does not permit a private right of action for personal injuries and certified a question of great public importance to the Florida Supreme Court. Facts Of...

The So-Called One Expert Per Specialty Rule The “one expert per specialty” rule was addressed in Gutierrez v. Vargas, SC15-1924 (March 22, 2018) by the Florida Supreme Court. What Happened in the Case Gutierrez (a minor child) brought a medical malpractice case against...

What happens when one of the survivors in a wrongful death case bears some degree of fault and there was a settlement? The answer to this question can be found in Hess v. Hess, 758 So. 2d 1203 (Fla. 4th DCA 2000) in that the probate judge should determine comparative fault among the...

It is very important to know what caused you to slip and fall.  In the case of Lago v. Costco Wholesale Corporation, Case Number 3D16-1899 (December 13, 2017), summary judgment was given to Costco because the claimant could not offer evidence as to what caused her to slip and...

The insurance company denied UM (underinsured motorist) coverage for a golf cart accident based on a policy exclusion in Amica Mutual Insurance Company v. Willis, Case Number 2D16-2319 (Fla. 2d DCA 2018). The Second DCA held that the insurance policy in question could not exclude UM...

In Florida, there is generally not a duty for a person to take affirmative action to protect or provide aid to another unless there is a “special relationship” that exists.  A “special relationship” exists under a number of different scenarios including...

In Rasinski v. McCoy, (Case Number 5D15-4423), Florida’s Fifth DCA defines the standard necessary to prove a future loss of earning capacity as only requiring a showing of “reasonable certainty.” Facts Of The Case Rasinski caused an accident which resulted in an...

In Gonzalez v. Stoneybrook West Golf Club, (Case Number 5D16-2680), summary judgment in favor of the golf course was reversed because sufficient evidence existed that the golf course could be held responsible for an accident between their patron and a third person off the premises. A...

In Harrison v. Gregory, (5D16-1037 and 5D16-2552), the Fifth DCA reversed a trial verdict where the plaintiff’s attorney had mentioned to the jury that apportioning 50% or more to the plaintiff would result in “no recovery.” Both the trial court and the Fifth DCA...

Many personal injury and car accident cases involve relatively “minor” injuries. Insurance companies like to treat these cases as fraud and they defend them by trying to make the plaintiff out to be a liar. However, “minor” injuries may be “minor”...

Amendments to the federal Medicaid Act that took effect on October 1, 2017 are changing the way that Medicaid liens attach to personal injury settlements in Florida and across the nation. UPDATE- This change in the law was superseded by the Bipartisan Budget Act of 2018 (BBA) passed...

With recent accusations and settlements in the entertainment industry, the issue of sexual assault and sexual harassment in the workplace has become a multi-million dollar legal issue to business owners and insurance companies. Here’s What You Need To Know About Litigating A...