Share

Sands, White & Sands, P.A. Personal Injury Blog

Friday, February 3, 2017

Third DCA rules that defendant was not on constructive notice of soup spill causing slip and fall at bank building


On January 25, 2017, in Wilson-Greene v. City of Miami,  No. 3D14-3094, the Third District Court of Appeal affirmed a circuit court order granting summary judgment in favor a building owner and maintenance company in a slip-and-fall accident case.  The plaintiff had slipped in a lobby area on soup that had been spilled by an unknown third party at some time prior to the fall.  The defendant maintenance company successfully moved for summary judgment on the ground that it did not owe the plaintiff a legal duty to constantly patrol and supervise the area where the incident occurred and that even if it did owe a duty to the plaintiff, it had no actual or constructive notice of the dangerous condition.
Read more . . .


Wednesday, February 1, 2017

Florida Supreme Court rules that statutory presumption regarding foreign bodies unintentionally left in surgical patients applies even where there is direct evidence of medical negligence


On January 26, 2017, in ​Dockswell v. Bethesda Memorial Hospital (No. SC15-2294), the Florida Supreme Court ruled that the statutory presumption regarding foreign bodies unintentionally left  in surgical patients applies even where there is direct evidence of medical negligence.  The relevant statute, Fla. Stat.


Read more . . .


Tuesday, January 31, 2017

Eleventh Circuit Court of Appeals rules that stranger-originated life insurance is incontestable two years after issuance date


On January 25, 2017, in Pruco Life Insurance Company v. Wells Fargo Bank, N.A.,  No. 13-12135, the Eleventh Circuit Court of Appeals held that a stranger-originated life insurance policy (a policy owned by a person having no insurable interest with respect to the insured under Florida law) could not be contested by the issuing insurance company more than two years after the date of issuance.
Read more . . .


Monday, January 23, 2017

Fifth District Court of Appeal reverses a judgment in favor of medical negligence plaintiff and remands for new trial because of erroneous admission of surprise testimony from plaintiff's expert


On January 20, 2017, the Fifth DCA reversed a judgment in a favor of medical negligence plaintiff and remanded for new trial because of an erroneous admission by the trial court of surprise testimony from plaintiff's expert.  At trial, the plaintiff's attorney advised the jury during opening statement that the defendant doctor should not have given Levaquin to the decedent, that Levaquin was not an FDA approved drug for the treatment of ear infections and that the defendant doctor failed to follow the manufacturer's instructions.  The defense objected to these statements because there had been no pretrial deposition testimony by any defense expert regarding Levaquin.  The trial court overruled the objection and subsequently allowed the plaintiff's medical experts to testify about the defendant's alleged deviation from the standard of care in prescribing the Levaquin and also allowed the Levaquin package insert to be admitted into evidence.  

The 5th DCA noted that the analysis of the Florida Supreme Court in Binger v.


Read more . . .


Monday, January 23, 2017

Fourth District Court of Appeal reverses trial court's finding that party's proposal for settlement was ambiguous and unenforceable

On January 4, 2017, in Kiefer v. Sunset Beach Investments, LLC, No. 4D16-707, the Fourth DCA reversed a trial court's finding that a defendant's proposal for settlement in a professional negligence case was unenforceable because it was fatally ambiguous.  The Fourth DCA ruled that the proposal's failure to mention the defendant by name in every paragraph did not render the proposal defective when it was clear from the context that every paragraph related solely to the defendant and the plaintiff and not to any of the codefendants.


Read more . . .


Monday, January 23, 2017

Fourth District Court of Appeal holds that insurer did not exercise bad faith in failing to settle claim because the insurer's actions at most amounted to negligence rather than bad faith


On January 4, 2017, in Geico General Insurance Company v. Harvey (No. 4D15-4724), the Fourth District Court of Appeal reversed the trial court's denial of defendant's directed verdict motion in a third party insurance bad faith action, holding that the evidence did not establish that the insurer had acted in bad faith or that the insurer's actions caused the excess verdict.  The insurance company had tendered the $100,000 policy limits to the decedent's estate 9 days after the fatal accident, but never complied with the additional request from the decedent's estate for a financial affidavit from the insured, resulting in the rejection of the tendered policy limits by the decedent's estate and an eventual jury award of $8.47 million.
Read more . . .


Wednesday, January 11, 2017

Fourth DCA rules that unlicensed engineer intern not properly subject to claim for professional negligence


On January 4, 2017, in Sunset Beach Investments, LLC v. Kimley-Horn and Associates, LLC (No. 4D15-4425), the Fourth District Court of Appeal affirmed a lower court ruling dismissing a professional negligence complaint on the basis that that the allegedly negligent unlicensed engineer intern was not a professional under Florida law.  The Court noted that while the Florida Supreme Court has imposed a two part test for determining whether the professional negligence statute of limitations applies to a particular vocation --  whether it requires, at a minimum, a four year degree before licensing is possible and whether a state license is required -- this test applies only for statute of limitations purposes. The Court indicated that one source of relevant guidance for determining whether a person is subject to the professional standard of care is whether the Florida Legislature designates members of the vocations as professionals subject to state licensing.
Read more . . .


Wednesday, January 11, 2017

Fourth DCA rules that failure to state whether attorney's fee were part of claim in proposal for settlement did not make proposal invalid because plaintiff had not sought attorney's fees in complaint


On January 4, 2017, in American Home Assurance Company v. D'Agostino, the Fourth DCA ruled that a defendant insurance company's failure to include a provision addressing attorney's fees in a proposal for settlement served to the plaintiff under Fla. Stat.  768.79 in a UIM case did not render the proposal defective, because that plaintiff's complaint did not allege any entitlement to attorney's fees.
Read more . . .


Wednesday, January 11, 2017

Fourth DCA reverses Engle progeny tobacco case award based on trial court's failure to reduce the jury's compensatory damages by the plaintiff's comparative fault


On January 4, 2017, in R.J. Reynolds Tobacco Company v. Grossman (No. 4D13-3949), the Fourth DCA ruled that the trial court had erred in a Engle progeny tobacco case in failing to reduce the jury's compensatory damages by the decedent's comparative fault.
Read more . . .


Monday, January 9, 2017

Third DCA rules that trial court erred in admitting evidence of intoxication of at fault driver in compensatory phase of UM trial


On January 4, 2017, in GEICO General Insurance Company v. Dixon, No. 3D13-3005, the Florida Third District Court of Appeal reversed a trial court ruling and remanded for a new trial because the trial court had erroneously allowed the introduction of evidence proving the at fault driver's intoxication in the compensatory phase of the trial against GEICO (the plaintiff's uninsured motorist "UM" insurer)  and the at fault driver. Prior to trial, GEICO and the at fault driver admitted liability for the accident and the trial court ruled as a matter of law that the at fault driver was punitively liable.  Consequently, the only issues to be resolved at trial were the amounts of compensatory and punitive damages.


Read more . . .


Previous Posts

Florida Second DCA reverses trial court’s summary judgment for defendant utility company in case alleging negligent failure to repair protruding water valve on roadway

Florida Second DCA reverses trial court’s summary judgment in abuse of process case against law firm, holds that defendant’s litigation privilege may not apply

Florida Fifth DCA holds that trial court erred in denying defendant’s motion for post-trial interview of juror who allegedly lied in voir dire about previous criminal convictions

Florida Third DCA holds that trial court erred in refusing to allow plaintiff to make a second amendment to complaint

Florida Second DCA rules that Engle progeny tobacco case was based on an intentional tort by tobacco company and therefore not subject to comparative negligence statute

Florida Supreme Court holds that attorney-client privilege protects a party from being required to disclose that his or her attorney referred the party to a physician for treatment.

Florida Third DCA quashes trial court order compelling defendant hotel’s third party guest survey service from providing names and contact information of hotel guests

Florida Second DCA finds reversible error in trial court’s exclusion of plaintiff’s hearsay admission to paramedic at scene concerning cause of auto accident

Florida First DCA affirms summary judgment in premises liability case where plaintiff observed dangerous condition and chose not to step around it

Florida Supreme Court rules that federal law does not implicitly preempt state law tort claims of strict liability and negligence by Engle tobacco litigation progeny plaintiffs

Archived Posts

2017
April
Florida Second DCA reverses trial court’s summary judgment for defendant utility company in case alleging negligent failure to repair protruding water valve on roadway
Florida Second DCA reverses trial court’s summary judgment in abuse of process case against law firm, holds that defendant’s litigation privilege may not apply
Florida Fifth DCA holds that trial court erred in denying defendant’s motion for post-trial interview of juror who allegedly lied in voir dire about previous criminal convictions
Florida Third DCA holds that trial court erred in refusing to allow plaintiff to make a second amendment to complaint
Florida Second DCA rules that Engle progeny tobacco case was based on an intentional tort by tobacco company and therefore not subject to comparative negligence statute
Florida Supreme Court holds that attorney-client privilege protects a party from being required to disclose that his or her attorney referred the party to a physician for treatment.
Florida Third DCA quashes trial court order compelling defendant hotel’s third party guest survey service from providing names and contact information of hotel guests
Florida Second DCA finds reversible error in trial court’s exclusion of plaintiff’s hearsay admission to paramedic at scene concerning cause of auto accident
Florida First DCA affirms summary judgment in premises liability case where plaintiff observed dangerous condition and chose not to step around it
Florida Supreme Court rules that federal law does not implicitly preempt state law tort claims of strict liability and negligence by Engle tobacco litigation progeny plaintiffs
Florida Fourth DCA grants certiorari review and quashes trial court order granting plaintiff’s motion to amend business tort complaint to include claim for punitive damages
Florida Second DCA reverses trial court’s entry of summary judgment for premise liability defendants, finding disputed issue of fact existed regarding constructive notice
Eleventh Circuit Court of Appeals vacates summary judgment granted to defendant law enforcement officer on plaintiff’s excessive-force claim.
March
Florida Fourth DCA holds that defendant’s Proposal for Settlement was enforceable despite use of broader language in Releases regarding parties and incidents covered
Florida Fourth DCA reverses trial court’s dismissal of complaint in personal injury lawsuit on statute of limitations grounds
Eleventh Circuit Court of Appeals rules that trial court did not err in finding inconsistent verdict during middle of clerk’s pronouncement of verdict and instructing jury to reconsider verdict
Florida Fourth DCA rules that third-party defendant voluntarily dismissed from action could not be added as defendant after expiration of statute of limitations
Florida Second DCA reverses trial court’s dismissal of plaintiff’s claim, ruling plaintiff’s alleged fraud upon the trial court not sufficiently proven
Florida Second DCA rules that Medicaid lien for past medical expenses does not extend to amount of personal injury settlement allocated to future medical expenses
Florida Fifth DCA reverses trial court’s entry of summary judgment for premise liability defendants based on obvious danger doctrine
Florida Third DCA reverses trial court’s holding that proposal for settlement was fatally ambiguous because it did not clearly indicate that it did not require acceptance by both defendants
Florida First DCA rules that trial court committed error by allowing questioning as to how many of witness’ previous felony convictions were crimes of dishonesty
Florida First DCA reverses trial court’s directed verdict on amount of past medical expenses in case involving medical treatment for two successive accidents
Eleventh Circuit Court of Appeals reverses summary judgment for defendants, finding lack of complete diversity due to citizenship of individual LLC members
Florida Fourth DCA rules that spouse must be married to the decedent before the date of injury to recover damages for loss of consortium under Wrongful Death Act
Florida Third DCA reverses trial court’s denial of summary judgment for defendant insurer, finding that policy was an “excess policy” not subject to the requirement of a written waiver of UM coverage
Florida Third DCA dismisses plaintiff’s petition for writ of certiorari because no showing of irreparable harm from trial court’s abating declaratory judgment action against insurer
Florida First DCA affirms judgment in Engle progeny case, rejects defendant’s claims of error due to juror misconduct in failing to disclose alleged bias against tobacco companies
Florida First DCA reverses judgment in Engle progeny tobacco case and orders retrial based on improper closing argument by plaintiff’s counsel
Florida First DCA rules that dangerous instrumentality doctrine did not extend liability to decedent’s estate based on implied consent of nominated but not yet appointed personal representative
Florida Fourth DCA affirms trial court’s denial of defendant’s motion to compel arbitration based on “browsewrap” link to arbitration agreement on defendant’s website
Florida Third DCA rules that service of proposal for settlement must comply with the email service requirement of Florida Rule of Judicial Administration 2.516
Florida Third DCA dismisses interlocutory appeal of order denying summary judgment because trial court did not determine “as a matter of law” that defendant was not entitled to sovereign immunity
Florida Third DCA reverses trial court ruling that 2012 PIP Act provision denying chiropractors the right to certify emergency medical condition is unconstitutional
Florida Second DCA rules that notice requirements of Fla. Stat. 48.161(1 apply to substitute service on LLC under Fla. Stat. 605.0117
Florida Second DCA holds that discovery permitted under arbitration agreement need not mirror discovery permitted under Florida Rules of Civil Procedure
Florida Second DCA rules that plaintiff was barred from asserting a parallel state law claim against manufacturer of medical device approved through Premarket Approval Process (PMA)
February
Florida Second DCA rules that a new lawsuit need not be filed against FIGA when an insurer is declared insolvent during a first party breach of contract action against the insurer
Florida Supreme Court rules that pre-litigation discovery by a PIP insurer under Fla. Stat. Section 627.736 is limited to production of documents specified in statute
Florida Supreme Court declines to adopt legislative amendment narrowing class of qualifying experts in medical negligence cases
Florida Supreme Court declines to adopt legislative amendment incorporating Daubert standard for expert testimony
Restoration Hardware recalls over 2,000 metal top dining tables due to risk of lead exposure to children
Britax recalls over 600,000 baby strollers due to 33 reports of car seats disconnecting from the strollers and falling to the ground
Fifth District Court of Appeal articulates standards for resolution of motions to amend complaint to add punitive damages claim
Fifth District Court of Appeal rules that special SOL for actions against insolvent insurers and FIGA do not apply to actions filed against an insurer prior to insolvency
Fifth District Court of Appeal reverses trial court's finding that party was entitled to attorney's fees despite their failure to file fee motion within 30 days after the final judgment
Fourth District Court of Appeal reverses trial verdict against insurer in first party property insurance case because of plaintiff's introduction of irrelevant information about her health
Second District Court of Appeal reverses trial court's dismissal of premises liability lawsuit on res judicata grounds
Second District Court of Appeal reverses trial court's award of fees and costs, holds that proposal for settlement was fatally flawed
First District Court of Appeal reverses trial court's entry of declaratory judgment that insurance coverage existed due to operation of estoppel doctrine against insurer
Hyundai recalls certain 2017 model year Elantra vehicles for replacement of brake system booster
GM recalls certain Pontiac Solstice and Saturn Sky vehicles because front passenger air bag may not deploy
Walt Disney Parks and Resorts recalls Mickey Mouse Nightlights and Infant Hoodie Sweatshirts due to hazards
Fourth District Court of Appeal reverses trial court's summary judgment in favor of defendant in personal injury case involving restaurant patron's ingestion of broken mussel shell
Fifth District Court of Appeal denies defendant's petition for writ of certiorari to quash order granting medical negligence plaintiff leave to amend complaint to assert a claim for punitive damages
Third District Court of Appeal affirms summary judgment in favor of hospital in visitor slip and fall case
Second District Court of Appeal reverses trial court's dismissal of plaintiff's complaint against City of Tampa for alleged failure to comply with sovereign entity pre-suit notice requirement
Second District Court of Appeal reverses court order compelling arbitration of medical negligence claims
Florida Supreme Court rules that state constitution provision guaranteeing access to records relating to adverse medical incidents not preempted by federal law
Florida Supreme Court rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract
Eleventh Circuit Court of Appeals rules that County cannot unilaterally settle wrongful death claim that exposes excess insurance carrier to liability
Fourth DCA reverses circuit's court dismissal of legal malpractice claim and rejects court's finding that the claim was premature
Third DCA rules that defendant was not on constructive notice of soup spill causing slip and fall at bank building
Florida Supreme Court rules that statutory presumption regarding foreign bodies unintentionally left in surgical patients applies even where there is direct evidence of medical negligence
January
2016


Serving Volusia, Flagler, Putnam, Lake & Seminole Counties including: Daytona Beach, Ormond Beach, South Daytona, Port Orange, Palm Coast, Bunnell, DeLand, DeBary, DeLeon Springs, Pierson, Deltona & Orange City.



© 2017 Sands, White & Sands, P.A. | Disclaimer
760 White Street, Daytona Beach, FL 32114
| Phone: (386) 258-1622

Auto/Truck & Motorcycle Accidents | Medical Negligence | Prescription Drug Claims | Product Liability | Nursing Home Negligence & Abuse | Premises Liability | Hospital Acquired Infections | Insurance Company Disputes | Whistleblower Qui Tam Actions | White Collar Crime & Criminal Tax Defense | | Attorneys | About Us

Law Firm Website Design by
Amicus Creative


© Sands, White & Sands,PA.  |  Disclaimer  |  Phone: 386.258.1622
Law Firm Website Design by Zola Creative