Personal Injury Blog

The world of personal injury litigation is one of the most hotly contested areas of law and is a sore subject of political debate across the United States. There are some people who feel that the civil justice system is broken while others believe that the civil justice system,...

Personal injury lawyers in Florida have become very competitive about getting new cases. While every law firms needs new cases to survive, as a consumer you should be aware of some of the advertising tricks that personal injury lawyers in your area are using. “The Insurance...

The summer of 2017 was a hot time for appeals on proposals for settlement in Florida. In Dowd v. GEICO General Insurance Company (3D15-1725)(June 28, 2017), the Third DCA lets a plaintiff injured in a crosswalk accident off the hook for responsibility while the Fourth DCA in Sherman...

Statistics show that fewer lawsuits for car accidents, medical malpractice, and product liability claims are being filed in American courts. By The Numbers The National Center for State Courts (NCSC) has indicated the following statistics: In 1993, 10 out of 1,000 Americans filed a...

An Uber driver got into an argument with wet riders who called for a ride from Adventure Island that resulted in the driver firing his gun while on the job.  The Uber driver now claims that the discharge was “accidental.”  Discharging a firearm in public is a...

Daniel R. Fernandez and his attorney, Dax J. Lonetto, Sr., have taken their appeal of an administrative decision on the cost of medical records to the Florida Supreme Court in Fernandez v. Department of Health, et al., SC17-1165. This case began when Healthport Technologies, which is...

In the case of Duarte v. Snap-On, Inc. (Fla. 2d DCA Case Number 2D15-1952), the Second DCA reversed a dismissal for fraud upon the court. How Is Fraud Upon The Court Decided? Fraud upon the court has recently been a frequent tactic for defense firms and insurance companies to avoid...

In the case of Encarnacion v. Lifemark Hospitals of Florida, Case Number 3D15-0834,summary judgment was granted against the plaintiff because she could not produce any evidence to defeat section 786.0755, Fla. Stat. regarding transitory foreign substances on the floor. Facts Of The...

In the case of Worley v. Central Florida Young Men’s Christian Ass’n, Inc. (YMCA), Case Number SC15-1086, the Florida Supreme Court held that a referral of a client from a lawyer to a doctor is protected by the attorney-client privilege and does not have to be...

In the case of Trainor v. PNC Bank (Case Number 5D-4536), the Fifth DCA in Florida held that a pothole, despite being an open and obvious condition, did not discharge the duty to maintain the premises in a reasonably safe condition. Facts Of The Case The plaintiff in this personal...

On April 18, 2017, the US Supreme Court reached a decision in Coventry Health Care v. Nevils and found that Federal Employee Health Benefit Plans (FEHBA) pre-empt state law on subrogation and reimbursement rights following a personal injury settlement or jury verdict. How Does...

Senator Dana Young and Representative Jared Moskowitz have filed respective bills seeking to legalize compensation for injuries or deaths to pets as result of negligence.  Under existing Florida law, pets are considered property for which there is no right to claim a wrongful...

In Florida, there is a general rule that the owner of a horse is not legally responsible for injuries that occur while allowing a third person to ride the horse.  There are a number of exceptions to this general rule outlined below. General Immunity For Horse Owner Is The...

The defendant in a lawsuit filed by Christina Grimmie’s brother filed a motion seeking to have his claim for negligent infliction of emotional distress dismissed because he acted “voluntarily.” Singer’s Tragic Death Singer, Christina Grimmie, died on June 10,...

A three-year-old boy was bitten on his head and neck on December 21, 2016 in Groveland, Florida.  The incident happened when a pit bull belonging to the boy’s neighbor attacked the boy and his mother as they were walking into their neighbor’s backyard to see another...

The case of Wal-Mart Stores, Inc. v. Sandy Wittke, 2D15-4099 (Fla. 2d DCA, October 21, 2016) held that a violation of Walmart’s own safety procedures does not create a per se legal duty.  Instead, a violation of internal safety rules can be evidence of negligence if the...

A four-year-old boy, Michael Roth, was bitten on the face by a dog in Winter Haven, Florida on December 21, 2016 at approximately 12:30 p.m.  The bite resulted in significant facial injuries as the child went to pick up an ornament for a Christmas tree.  Apparently the dog...

Ridesharing company Uber released new rules on December 8, 2016 for passenger’s behavior.  The list of new rules, taken as a safety measure, also include vandalism, flirting, and sex.  Here is a list of what you should expect: Causing damage to drivers’ or fellow...

A lawsuit against Walgreens alleges that a customer, Fernando Elizarraras, was forced by store employees to clean a soiled bathroom after using it at an store in Orlando, Florida.  The original lawsuit (Case Number 2016-CA-009159, filed in the Ninth Judicial Circuit for Orange...

The US Consumer Product Safety Commission (CPSC) posted a recall notice on December 7, 2016 for stainless steel playground slides that were manufactured and distributed by Playworld Systems, Inc. of Lewisburg, PA (Horizon Industries of Columbia, PA).  The dangerous playground...