Personal Injury Lawyer Blog

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 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,...

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...

Albert Tillman died as a result of a car accident on State Road 60 going eastbound in Lake Wales.  Tillman was 67 years old.  The Ledger reports that Tillman was walking his bicycle in the outside lane of SR60 when he was struck by Sabrina Stewart at approximately 10:50...

A former member of a local band, Dallas Taylor, suffered what has been described as a horrific injury as a result of an all-terrain-vehicle (ATV) accident. The accident occurred last Tuesday (August 2nd) when Tayor was riding an ATV without a helmet and hit a sign. Taylor’s...