Car Accident Lawyer Blog

In the case of Mastec North America, Inc. and Robert W. Dumas v. Kathleen Morakis, as guardian of Manual Perez Garcia, Case Number 4D18-1321 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA held that an accident reconstruction expert’s opinion that an impaired...

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 the Estate of Gustavo Ramirez-Lucas v. John Hutchinson and Andrew Hutchinson, Case Number 4D18-2109 (Fla. 4th DCA August 14, 2019), Florida Fourth DCA held that a father who had executed a bill of sale to his son and removed the vehicle from his insurance policy was...

In the case of Timothy Patrick Collins v. Auto Partners V. LLC, d/b/a McGuire Chevrolet, Case Number 4D18-1855 (Fla. 4th DCA July 31, 2019), Florida’s Fourth DCA held that a written rental agreement is not required to apply the federal Graves Amendment in 49 U.S.C. Sec....

In the case of Steven Paul Anderson v. Mary Mitchell, Case Number 2D18-2864 (Fla. 2d DCA April 5, 2019), Florida’s Second DCA held that Florida’s so-called “accident report privilege” is not a true privilege to prevent disclosure but is instead just a bar on...

In the case of Ashley Rierson v. David Deveau, Case Number 3D18-0246 (Fla. 3rd DCA March 20, 2019), Florida’s Third DCA held that it was reversible error for lawyers to imply during closing argument that no traffic citation had been issued. Facts At Issue Rierson...

In the case of Shawn Restal v. Bridget A. Nocera, et al., Case Numbers 5D17-2 and 5D17-1635 (Fla. 5th DCA March 8, 2019), Florida’s Fifth DCA held that the negligence of the rear driver in a rear-end collision must be the sole (or only) cause of the collision in order to...

In the case of State Farm Mutual Automobile Insurance Company v. Karl H. Wallace, Case Numbers 5D17-813 and 5D17-2852, (Fla. 5th DCA December 21 2018), Florida’s Fifth DCA held that a testifying radiologist’s annotations made to MRI films were not admissible into...

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 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 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 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 Wallace v. Keldie, Case Number 1D17-2877 (Fla. 1st DCA June 13, 2018), the Florida First DCA dismissed the plaintiff’s case after he appears to have forgotten about chronic back problems from prior injuries. A Brief Synopsis Of The Facts To briefly summarize the...

In the case of Sanchez v. Martin, Case Number 4D17-1731 (Fla. 4th DCA June 6, 2018), Florida’s Fourth DCA reversed a $1.5 million jury verdict over the improper use of a jury instruction regarding the aggravation of a pre-existing condition or injury. Not An...

Denise Chapple was reported in The Ledger to be the pedestrian hit at the intersection of US98N and Griffin Road in Lakeland, Florida on June 5, 2018 at approximately 3:00 a.m.  She was pushing a bicycle in the crosswalk at the time of the collision and was struck by a Nissan...

In the case of Travelers Home and Marine Insurance Company v. Gallo, Case Numbers 5D16-3158 and 5D16-4214 (Fla. 5th DCA June 1, 2018), Florida’s Fifth DCA revisited the inquiry for determining the sufficiency of race neutral reasons suggested by lawyers in exercising peremptory...

In the case of Nieves v. State Farm Mutual Automobile Insurance Company, Case Number 5D17-893 (Fla. 5th DCA May 25, 2018), State Farm challenged all of the damages awarded to the plaintiff with a “remittitur” and ends up getting a new trial just on the narrow issue of the...

In the case of Robert Walerowicz v. Mandy Nicky Armand-Hosang, Case Number 4D17-1900 (Fla. 4th DCA)(May 23, 2018), the Fourth DCA held that a “combination of [the] Plaintiff’s testimony and [a] surgeon’s testimony, coupled with the introduction of the medical...