Daytona Beach Personal Injury Lawyers
Free Consultations 386.258.1622

Blog Posts in 2020

All Posts
  • Florida Third DCA rejects forum non conveniens argument by defendant companies which operated Mexican resort and were sued in Miami-Dade County for alleged slip and fall by U.S. citizen on resort property

    On July 29, 2020, in Palace Resorts Travel, Inc., et al., v. Flynn, No. 3D20-0025, the Florida Third DCA affirmed a trial court’s denial of the defendants' motion to dismiss a premises liability lawsuit ...

    Read More
  • Florida Third DCA rules that hotel which provided golf cart shuttle service to guests did not assume a duty to transport persons off property and was not liable for guest’s injuries from being struck as a pedestrian by a motor vehicle

    On July 29, 2020, in Luckman v. Wills, et al., No. 3D19-453, the Florida Third DCA affirmed a summary judgment entered by the trial court on behalf of the defendant in a wrongful death case ...

    Read More
  • Fifth DCA rules that where two UM policies provided coverage for the same loss, one of which provided pro rata coverage and the other pure excess coverage, the pure excess provision controlled

    On July 24, 2020, in Progressive Express Insurance Company v. Ferris, et al., No. 5D19-1967, the Florida Fifth DCA reversed a trial court ruling in a case involving a dispute between insurance companies ...

    Read More
  • Florida Fourth DCA rules that plaintiff’s premises liability lawsuit against customer of plaintiff’s employer was barred by exculpatory clause in plaintiff’s employment agreement

    On July 22, 2020, in Merlien v. JM Family Enterprises, Inc., et al, No. 4D19-2911, the Florida Fourth DCA affirmed a trial court’s summary judgment in favor of the defendant ...

    Read More
  • Florida Fourth DCA rules that plaintiff’s prior statement alleging cause of accident at odds with stipulation of the parties was inadmissible as substantive evidence

    On July 22, 2020, in Emmitt v. First Transit, Inc., No. 4D19-721, the Florida Fourth DCA reversed a trial court order which had granted a new trial to a defendant in a premises liability case ...

    Read More
  • Florida Third DCA rules that children’s loss of consortium claims for injury to parent from alleged medical negligence did not relate back for statute of limitations purposes to date of filing of underlying lawsuit

    On July 22, 2020, in Castro v. Linfante, No. 3D19-2136, a medical negligence case, the Florida Third DCA affirmed a trial court’s dismissal on statute of limitations grounds ...

    Read More
  • Eleventh Circuit Court of Appeals rules that Georgia prison officer was entitled to summary judgment on inmate’s claim that officer violated his Eighth Amendment rights

    On July 24, 2020, in Mosley v. Zachery, No. 17-14631, the Eleventh Circuit Court of Appeals affirmed a summary judgment in favor of the state prison officer defendant ...

    Read More
  • Florida Third DCA rules that plaintiff opened the door to “inference and argument” by defense counsel about her alleged referral by her attorney to a treating chiropractor

    On July 15, 2020, in Ruchimora v. Grullon, No. 3D19-753, the Florida Third DCA ruled that a trial court did not abuse its discretion in permitting the defendant ...

    Read More
  • Florida Third DCA affirms multi-million verdict against tobacco company in Engle-progeny tobacco lawsuit

    On July 15, 2020, in R.J. Reynolds Tobacco Company v. Rouse, No. 3D19-0629, the Florida Third DCA affirmed a trial court ruling denying the defendant tobacco company’s ...

    Read More
  • Florida Second DCA finds that Fla. Stat. § 766.11, which provides sanctions for doctors who perform unnecessary diagnostic tests, is an independent cause of action from related common law medical negligence claim

    On July 17, 2020, in Haynes v. Blackshear, No. 2D18-4649, the Florida Second DCA reversed a final judgment in favor of the defendant doctor in a medical negligence case ...

    Read More
  • Eleventh Circuit affirms district court's denial of a qualified immunity for police officers in malicious prosecution civil rights case, finds that "any crime" rule does not apply to malicious prosecution cases

    On July 13, 2020, in Williams v. Aguirre, No. 19-11941, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of the defendants’ summary judgment motion in a malicious prosecution civil rights case ...

    Read More
  • Eleventh Circuit rejects plaintiff’s res ipso loquitur and spoliation claims against defendant cruise line in lawsuit involving collapsed stateroom chair

    On July 14, 2020, in Tesoriero v. Carnival Corporation, No. 18-11638, the Eleventh Circuit Court of Appeals affirmed a summary judgment in favor of the defendant cruise line ...

    Read More
  • Florida Fourth DCA affirms trial court’s exclusion of expert’s PTSD diagnosis which was not disclosed to defense until eve of trial

    On July 8, 2020, in Krysiak v. Dawson, et al., No. 4D19-1532, the Florida Fourth DCA affirmed a trial court ruling excluding expert testimony concerning a motor vehicle negligence plaintiff’s PTSD ...

    Read More
  • Florida Second DCA quashes trial court order which included "sharing provision" in protective order allowing plaintiff to share defendant's confidential business information with plaintiffs in other cases

    On July 8, 2020, in Samsung SDI Co., Ltd., v. Hildreth, No. 2D19-3607, a product liability case involving an allegedly defective battery manufactured by the defendant, ...

    Read More
  • Florida Second DCA quashes trial order granting plaintiff leave to amend complaint to add punitive damages count in nursing home negligence case

    On July 8, 2020, in Life Care Centers of America, Inc. v. Croft, No. 2D19-3040, the Florida Second DCA quashed an order from a Polk County trial court which had granted the plaintiff in a nursing home negligence case ...

    Read More
  • Florida Second DCA reverses summary judgment for defendant in premises liability case, finds that condo association president’s knowledge of elevator complaints precluded summary judgment

    On July 8, 2020, in Vogel v. Cornerstone Doctors Condominium Association, Inc., No. 2D19-1084, the Florida Second DCA reversed a trial court’s summary judgment for the defendant in a premises liability case ...

    Read More
  • Florida Fourth DCA affirms trial court’s denial of defendant security guard's motion to dismiss on sovereign immunity grounds in wrongful death lawsuit arising from 2018 Stoneman Douglas High School shooting

    On July 1, 2020, in Medina v. Pollack, No. 4D19-777, the Florida Fourth DCA affirmed a trial court’s denial of the defendant’s motion to dismiss the complaint based on sovereign immunity ...

    Read More
  • Florida Fourth DCA rules that defense in negligence case erred by eliciting testimony from defense expert disparaging opinion of plaintiff’s expert, but denies reversal after finding that plaintiff counsel’s failure to move for mistrial permitted only "fundamental error" review

    On July 1, 2020, in State Farm v. Medina, No. 4D190954, the Florida Fourth DCA reversed a trial court order which had granted the plaintiff in a motor vehicle negligence case a new trial ...

    Read More
  • Florida Third DCA rules that trial court erred in compelling defendant’s disclosure of financial information in nursing home negligence case without first establishing that the information sought was relevant to the liability claim

    On July 1, 2020, in Fair Havens Center, LLC v. Estate of Nicula, No. 3D20-205, the Florida Third DCA granted a defendant’s petition for a writ of certiorari in a nursing home negligence case ...

    Read More
  • Florida Third DCA reverses trial court’s dismissal of premises liability case involving fall at Homestead model home site; finds issue of material fact as to whether builder, through an uncommon design or mode of construction, created a hidden danger on its property that a prudent invitee would not anticipate

    On July 1, 2020 in Echevarria v. Lennar Homes, LLC, 3D19-1422, a premises liability case involving the plaintiff’s fall at a model home site in Homestead, Florida ...

    Read More
  • Florida Third DCA affirms dismissal of premises liability case involving slip and fall at Hialeah clothing store; finds no evidence that defendant had actual or constructive knowledge of alleged dangerous condition

    On July 1, 2020, in Morales v. Ross Dress for Less. Inc., No. 3D19-0795, a premises liability case involving the plaintiff’s slip and fall at the defendant’s store in Hialeah, Florida ...

    Read More
  • Florida Second DCA rules that date of defendant’s receipt of plaintiff’s notice of intent to initiate medical negligence litigation, rather than date of mailing, controls for statute of limitations purposes, certifies conflict with First, Fourth and Fifth DCAs

    On July 1, 2020, in Boyle v. Samotin, et al., No. 2D18-2932, the Florida Second DCA affirmed the dismissal by the trial court of a medical negligence case based on statute of limitations grounds ...

    Read More
  • In § 1983 civil rights case involving plaintiff who was shot by third party while allegedly being forced to assist law enforcement under threat, Eleventh Circuit rules that alleged threats did not rise to the level of constitutional violations

    In King v. Pridmore, No. 18-14245, the Eleventh Circuit Court of Appeals, affirmed a summary judgment entered by the district court for the defendant law enforcement officers ...

    Read More
  • Florida First DCA rules that litigant who objected to compelled production of her medical records was entitled to have trial court review the records in camera prior to any disclosure to opposing counsel

    On June 12, 2020, in Northcutt v. Turner, No. 1D19-2495, the Florida First DCA granted the certiorari petition of a petitioner after the trial court had granted the opposing ...

    Read More
  • Florida First DCA reverses jury verdict against synthetic marijuana manufacturer in failure to warn product liability case, holds that jury cannot consider proximate cause where a person responsible for the injury is voluntarily impaired or intentionally misuses a product

    On June 8, 2020, in DZE Corporation v. Vickers, No. 1D18-5081, the Florida First DCA reversed a trial court ruling denying the defendant, a manufacturer of synthetic marijuana ...

    Read More
  • Florida Fourth DCA rules that trial court erred in granting defendant’s motion to set off Medicare bill reductions after trial and not reducing PIP set off by premiums paid

    On June 10, 2020, in Matrisciani v. Garrison Property and Casualty Insurance Company, No. 4D19-406, the Florida Fourth DCA affirmed in part ...

    Read More
  • Florida Fifth DCA rules that defendant doctor in medical negligence case was entitled to file errata sheet substantially amending testimony on material issues, subject to potential re-opening of deposition and impeachment at trial

    On June 12 , 2020, in Dungan v. Memorial Health Systems, Inc., No. 5D19-3225, the Florida Fifth DCA dismissed a certiorari petition from a plaintiff ...

    Read More
  • Eleventh Circuit reverses summary judgment for defendant cruise line in maritime-negligence case

    On June 16, 2020, in Amy v. Carnival Corporation, No. 18-14917, the Eleventh Circuit Court of Appeals reversed a summary judgment entered by the district court ...

    Read More
  • Florida Second DCA withdraws previous opinion and reverses position, finding that insurance policy that provided “basic liability coverage” for relative of insured triggered entitlement to UM coverage

    On June 19, 2020, in Owners Insurance Company v. Allstate Fire and Casualty Insurance Company, No. 2D18-2309, the Florida Second DCA withdrew a previous opinion ...

    Read More
  • Eleventh Circuit rules that Georgia jail employees are not civilly liable for pretrial detainee’s murder by fellow inmate

    On June 22, 2020, in Grochowski v. Clayton County, Georgia, No. 18-14567, the Eleventh Circuit Court of Appeals affirmed a district court summary judgment ...

    Read More
  • Eleventh Circuit reverses district court, finds that sufficient evidence supported verdict against defendant nursing home facilities in False Claims Act case filed by former employee

    On June 25, 2020, in Ruckh v. Salus Rehabilitation, LLC, et al, No. 18-10500, the Eleventh Circuit Court of Appeals reversed a district court ruling which had set aside a jury verdict ...

    Read More
  • Eleventh Circuit rejects Florida Supreme Court’s interpretation of federal Medicaid statute, rules that Florida Medicaid agency may seek satisfaction of lien from both past and future medical expense components of personal injury settlement

    On June 26, 2020, in Gallardo v. Mayhew., No. 17-13693, the Eleventh Circuit Court of Appeals ruled that federal Medicaid law does not preempt Florida’s Medicaid agency from satisfying a lien for paid medical ...

    Read More
  • Florida Fourth DCA rules that Florida UM statute prohibiting “duplication” of benefits to an insured from other specified sources includes other UM policies; defendant UM insurer was entitled to set off for payment to insured from another UM carrier

    On June 24, 2020, in Liberty Mutual Insurance Company v. Wolfson, No. 4D18-3652, the Florida Fourth DCA reversed a trial court’s final judgment for the plaintiff in a underinsured motorist (UM) case based ...

    Read More
  • Eleventh Circuit Court of Appeals rules that forum selection clause in Carnival Corporation’s passenger cruise ticket prevented plaintiff from dismissing her negligence lawsuit against Carnival pending in federal court

    On June 30, 2020, in Deroy v. Carnival Corporation, No. 18-12619, the Eleventh Circuit Court of Appeals reversed a district court ruling that had dismissed a plaintiff cruise ship ...

    Read More
  • Florida First DCA affirms summary judgment denying claim of school district employee under the Florida Whistleblower’s Act, concluding that plaintiff’s letter asking for higher rate of pay was not a protected disclosure under the Act

    On June 29, 2020, in Pickford v. Taylor County School District, No. 1D19-1924, the Florida First DCA affirmed a trial court’s summary judgment for the defendant in a lawsuit brought ...

    Read More
  • Florida First DCA rejects insurance company’s attempt to intervene in motor vehicle negligence case

    On May 8, 2020, in Lexington Insurance Company v. James, No. 1D19-1954, the Florida First DCA affirmed a trial court order denying an insurance company’s ...

    Read More
  • Florida Third DCA reverses trial court’s dismissal of plaintiff’s personal injury case based on lack of record activity, finds that plaintiff was not furnished with requisite notice prior to dismissal

    On May 6, 2020, in Hernandez v. Ibrahim, No. 3D19-1621, the Florida Third DCA reversed a trial court’s dismissal of a plaintiff’s personal injury case based ...

    Read More
  • Florida Fourth DCA concludes that decedent smoker’s case against tobacco companies qualified as Engle progeny case even though the diagnosis of the smoker’s cancer did not occur until after the Engle class cut-off date

    On May 6, 2020, in Philip Morris USA Inc., et al, v. Santoro, No. 4D18-1730, the Florida Fourth DCA affirmed a trial court ruling denying the defendant ...

    Read More
  • Florida Fifth DCA rules that trial court erred in granting summary judgment for defendant in premises liability case involving cheerleading accident, concludes that video evidence of accident did not foreclose defense liability

    On May 15, 2020, in Carlson v. Volusia County Schools, et al., No. 5D19-91, the Florida Fifth DCA reversed a summary judgment entered by the trial court for the defendant City of DeLand ...

    Read More
  • Florida Second DCA reverses jury verdict for plaintiff in medical negligence case, finds that defendant was denied the opportunity to present “empty chair” defense

    On May 22, 2020, in Board of Trustees of University of South Florida v. Carter, No. 2D18-1219, the Florida Second DCA reversed a jury verdict ...

    Read More
  • Florida Fourth DCA rules that case alleging hospital and care facility acted negligently in failing to ensure that hospital-prescribed medications were continued at care facility sounded in medical negligence and was subject to medical negligence pre-suit requirements

    On May 20, 2020, in Henderson Behavioral Health, Inc. v. Cortes, No. 4D20-650, the Florida Fourth DCA granted the certiorari petitions of the defendants ...

    Read More
  • Florida Fourth DCA reverses summary judgment for county premises liability defendant, concluding that county waived statutory immunity from liability for in-line skating injury by not including as an affirmative defense

    On May 20, 2020, in Griffin v. Palm Beach County Board of County Commissioners, No. 4D19-1396, the Florida Fourth DCA reversed a trial ...

    Read More
  • Florida Second DCA rules that whether defendant store breached its duty to warn the plaintiff of the danger posed by a spilled liquid was genuine issue of material fact for jury determination

    On May 27, 2020, in Fredrick v. Dolgencorp, LLC, No. 2D18-4621, the Florida Second DCA reversed a trial court’s summary judgment in favor ...

    Read More
  • Florida Fourth DCA affirms dismissal of complaint against mental health treatment facility brought by family of victim killed in in Marjory Stoneman Douglas High School shooting

    On May 27, 2020, in Pollack v. Cruz, et al. No. 4D19-1512, the Florida Fourth DCA ruled in a lawsuit arising out of the tragic shooting at Marjory Stoneman Douglas High School ...

    Read More
  • Florida Fourth DCA affirms jury verdict and judgment for plaintiff in case brought under Florida’s Whistleblower Act

    On May 27, 2020, in Le Publications, Inc., et al, v. Kohl, No. 4D19-2053, the Florida Fourth DCA affirmed a jury verdict in favor of the plaintiff ...

    Read More
  • Florida Fifth DCA rejects plaintiff’s argument that case premised on defendant doctor’s decision to admit patient to ICU, allegedly for revenue generating purposes, was not subject to medical negligence presuit statute

    On May 29, 2020, in Rockledge HMA, LLC, et al. v. Lawley, No. 5D19-1223, the Florida Fifth DCA granted a defendant’s petition for certiorari in a medical negligence ...

    Read More
  • Florida Third DCA finds that additional allegations in plaintiff’s summary judgment affidavit beyond allegations contained in deposition testimony did not invalidate affidavit

    On April 29, 2020, in Najeera v. Tropical Supermarket Corp., No 3D18-2255, the Florida Third DCA reversed a summary judgment ...

    Read More
  • Florida Second DCA rules that trial court erred in granting summary judgment to defendant in slip and fall premises liability case

    On April 29, 2020, in Norman v. DCI Biologicals Dunedin, LLC, No. 2D183065, the Florida Second DCA reversed a summary judgment entered ...

    Read More
  • Florida First DCA rules that insured was prohibited from recovering non-stacked benefits under UM policy after electing stacked benefits under separate UM policy

    On April 27, 2020, in Hoffman v. Progressive Insurance Company, No. 1D19-1218, the First DCA affirmed a trial court ruling that the plaintiff was not entitled ...

    Read More
  • Florida First DCA rejects essential government functions test in determining defendant’s sovereign immunity status

    On April 21, 2020, in Operations Management International, Inc. v. Johnson, No. 1D19-3393, the First DCA affirmed a trial court’s denial ...

    Read More
  • Florida First DCA affirms Administrative Law Judge reduction of Medicaid lien in personal injury settlement by 91% due to the settlement discount from total damages

    On April 17, 2020, in Agency for Health Care Administration v. Rodriguez, No. 1D19-1454, the Florida First DCA affirmed a ALJ’s ...

    Read More
  • Eleventh Circuit reverses district court summary judgment for defendant cruise line in premises liability slip and fall case

    On April 15, 2020, in Carroll v. Carnival Corporation, No. 17-13602, the Eleventh Circuit Court of Appeals reversed a district court’s summary judgment for the defendant cruise line in a premises liability slip and fall case ...

    Read More
  • Eleventh Circuit Court of Appeals reverses district court’s summary judgment for defendant Seminole County in civil rights case alleging unlawful detention

    On April 15, 2020, in Barnett v. MacArthur, et al, No. 18-12238, the Eleventh Circuit Court of Appeals reversed a district court’s summary judgment for defendant Seminole County in a civil rights case ...

    Read More
  • Florida Third DCA finds that trial court did not abuse discretion in allowing testimony in medical negligence trial from treating physicians which the plaintiff alleged contained impermissible standard of care and causation opinions

    On April 1, 2020, in McDuffie v. Uribe, No. 3D18-2558, the Florida Third DCA affirmed a defense verdict in a medical negligence case filed by former Miami Dolphins player O.J. McDuffie ...

    Read More
  • Florida Second DCA’s rules that Florida Dangerous Instrumentality doctrine does not extend liability to family member bailee of title owner’s vehicle who in turn entrusts vehicle to a third party

    On April 1, 2020, in Lambert v. Emerson, No. 2D18-1872, the Florida Second DCA reversed a trial court’s denial of a defendant’s motion for a directed verdict ...

    Read More
  • Florida Fourth DCA affirms dismissal of negligence lawsuits brought by Pulse nightclub shooting victims against employer of shooter.

    On April 1, 2000, in Abad, et al, v. G4S Secure Solutions (USA), Inc., No. 4D18-2658, the Florida Fourth DCA affirmed a trial court’s dismissal of the plaintiff’s consolidated negligence lawsuits against the defendant security company ...

    Read More
  • Eleventh Circuit rules that plaintiff who voluntarily dismissed federal lawsuit was not liable for costs under Fed. R. Civ. P. 41(d) after refiling claim in Florida state court

    On March 2, 2020, in Sargeant v. Hall, No. 18-15205, the Eleventh Circuit Court of Appeals affirmed a Southern District of Florida ruling that a plaintiff who voluntarily dismissed a federal lawsuit was not liable for costs ...

    Read More
  • Florida Supreme Court revises rules for authorization of standard jury instructions

    On March 5, 2020, in IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF CIVIL PROCEDURE, AND THE FLORIDA RULES OF CRIMINAL PROCEDURE—STANDARD JURY INSTRUCTIONS ...

    Read More
  • Florida Third DCA rules in slip and fall case that grocery store defendant had obligation to preserve video upon receipt of presuit request to do so, but was not subject to adverse inference jury instruction for failure to monitor area of fall by camera or logged inspection

    On March 4, 2020, in Pena v. Bi-Lo Holdings, LLC, No. 3D19-0581, the Florida Third DCA affirmed a trial court ruling which denied a slip and fall plaintiff’s request for an adverse inference jury instruction ...

    Read More
  • Florida First DCA rules that PIP statute does not create a private cause of action for an insured to challenge the reasonableness of a health care provider’s charges

    On March 12, 2020, in MacNeil v. Crestview Hospital Corporation, No. 1D18-1958, the Florida First DCA affirmed a trial court ruling dismissing the plaintiff’s putative class action ...

    Read More
  • Florida First DCA reverses Administrative Law Judge’s denial of reduction of Medicaid lien asserted against medical negligence recovery involving a brain damaged infant

    On March 12, 2020, in Bryan v. State of Florida, Agency for Health Care Administration (AHCA), No. 1D18-3417, the Florida First DCA reversed an Administrative Law Judge’s denial of a reduction ...

    Read More
  • Florida Second DCA rules that party was under no duty to prepare privilege log until after all non-privilege objections to discovery request were resolved

    On March 13, 2020, in Avatar Property & Casualty Insurance Company v. Jones, No. 2D19-243, the Florida Second DCA quashed a trial court order requiring an insurance company to produce an investigator’s photos ...

    Read More
  • Florida Second DCA reverses trial court order granting plaintiff new trial in motor vehicle negligence case, finds that trial court abused its discretion by acting as a “super-juror” and disregarding the jury’s verdict

    On March 11, 2020, in Valenty v. Saraiva, No. 2D18-4002, the Florida Second DCA reversed a trial court’s order granting a new trial to the plaintiff ...

    Read More
  • Florida Second DCA reverses trial court order granting defendant new trial in negligent hiring case involving high school football coach who allegedly physically abused student

    On March 11, 2020, in Robinson v. Polk County School Board, No. 2D19-421, the Florida Second DCA reversed a trial court order which had granted the Polk County School Board a new trial ...

    Read More
  • Florida Fourth DCA finds that that “impact rule” barred parents’ recovery of damages for emotional distress arising from funeral home’s allegedly negligent loss of infant’s cremated ashes

    On March 11, 2020, in Williams v. Boyd-Panciere Family Funeral Care, Inc., No. 4D19-473, the Florida Fourth DCA affirmed a summary judgment for the defendant ...

    Read More
  • Florida Second DCA finds that plaintiff failed to comply with medical negligence presuit requirements by failing to timely provide expert affidavit to defendant doctor

    On March 18, 2020, in Brundage v. Evans, No. 2D19-1441, the Florida Second DCA quashed a trial court’s order denying the defendant medical providers’ motion ...

    Read More
  • Florida Fourth DCA affirms trial court’s summary judgment for defendants due to plaintiff’s failure to meet “but for” causation standard in benzene-exposure product liability case involving defendants who made minimal contributions to plaintiff’s overall exposure

    On March 18, 2020, in O’Donnell v. W.F. Taylor Co., et al, No. 4D18-3772, the Florida Fourth DCA affirmed a trial court’s summary judgment ...

    Read More
  • Florida Second DCA rules that trial court erred in granting summary judgment to defendant Pinellas County in a personal injury lawsuit alleging that the County negligently maintained roadway and failed to warn of dangerous condition

    On March 25, 2020, in Brannick v. Pinellas County, No. 2D19-2422, the Florida Second DCA reversed a trial court ruling grant summary judgment to defendant ...

    Read More
  • Florida Fourth DCA rules that in determining monetary limits for vehicle owner liability under Fla. Stat. 324.021, insurance proceeds available to at-fault driver include coverage under owner’s policy.

    On March 25, 2020, in Walker v. Geico Indemnity Company, et al. No. 4D18-3706, the Florida Fourth DCA affirmed a trial court ruling for the defense in a motor vehicle negligence case, holding ...

    Read More
  • Florida Fifth DCA rules that disputed issues of fact and conflicting expert opinions precluded summary judgment in medical negligence case against hospital involving allegedly negligent administration of contaminated heparin

    On March 27, 2020, in Dumigan v. Holmes Regional Medical Center, No. 5D19-1491, the Florida Fifth DCA reversed a trial court ruling which had granted ...

    Read More
  • Florida Second DCA denies plaintiff’s request for property insurer’s claim file in dispute with insurer over denial of property damage claim, finds work product privilege applies due to prospect of litigation even though no litigation ever occurred on that claim

    On February 7, 2020, in Progressive American Insurance Company v. Herzoff, No. 2D19-2342, the Florida Second DCA quashed ...

    Read More
  • Florida Fourth DCA rules that e-mail service requirements under Fla. R. Civ. P. 2.516 do not apply to service of a safe harbor notice and proposed motion for sanctions under Fla. Stat. § 57.105

    On February 5, 2020, in Cohen v. H.E.C. Cleaning, LLC, No. 4D19-1070, the Florida Fourth DCA reversed a trial court ruling striking a motion ...

    Read More
  • Eleventh Circuit rules that Medicare Advantage Organization was not bound by claims-filing provision in Medicare Secondary Payor Act and was not subject to 3-year statute of limitations in lawsuit seeking reimbursement from at-fault driver’s insurance company for conditional payments made on behalf of insured

    On February 13, 2020, in MSPA Claims 1, LLC v. Kingsway Amigo Insurance Company, No. 18-14980, the Eleventh Circuit Court of Appeals reversed a district court ...

    Read More
  • Florida Second DCA rejects trial court’s application of federal Celotex summary judgment standard

    On February 12, 2020, in Wendel v. Trustees of Meese Hospital, No. 2D18-3149, the Florida Second DCA reversed a summary judgment entered by the trial court ...

    Read More
  • Florida Third DCA rules that hotel guest who was not at hotel when tort was committed owed no duty of care to companion who remained at the hotel and was killed by third party

    On February 19, 2020, in The Waves of Hialeah, Inc. v. Machado, et al., No. 3D18-300, the Florida Third DCA affirmed the trial court’s directed verdict excluding the defendant’s ...

    Read More
  • Florida Fourth DCA rules that grocery store defendant in slip and fall case was entitled to summary judgment because there were no disputed factual issues about the store’s constructive knowledge of spill

    On February 19, 2020, in Oliver v. Winn-Dixie Stores, Inc., No. 4D19-291, the Florida Fourth DCA affirmed a summary judgment entered by the trial court in favor of the grocery store defendant ...

    Read More
  • Florida Supreme Court approves changes to product liability jury instructions

    On February 27, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 19-03, the Florida Supreme ...

    Read More
  • Florida Third DCA finds that defendant condominium building owner was jointly and severally liable with independent contractor for plaintiff’s personal injury damages in premises liability case

    On February 26, 2020, in Walters v. Beach Club Villas Condominium, Inc., No. 3D17-0753, the Florida Third DCA reversed a trial court’s ruling ...

    Read More
  • Florida Third DCA rules that defendant asbestos manufacturer was entitled to introduce admissions from deceased party alleging asbestos exposure by non-party asbestos manufacturers

    On February 26, 2020, in Union Carbide Corporation v. Paul Font, etc., No. 3D18-1529, the Florida Third DCA reversed a final judgment and jury verdict ...

    Read More
  • Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP) insurance reimbursement

    On February 26, 2020, in Geico General Insurance Co. v. Beacon Healthcare Ctr. Inc. et al., No. 3D18-2030, the Florida Third DCA considered three consolidated ...

    Read More
  • Florida Third DCA reverses trial court’s summary judgment for defendant in slip and fall case, finds that trial court erred in rejecting affidavit from plaintiff’s witness containing new allegations that did not “baldly repudiate” affiant’s prior deposition testimony

    On February 26, 2020, in Williams v. Ryta Food Corp, No. 3D19-0126, the Florida Third DCA reversed a summary judgment entered by the trial court in favor ...

    Read More
  • Florida Fourth DCA finds that tobacco company defendant’s use of the term “filter” in advertising its cigarettes was a deceptive statement because filters do nothing to make cigarettes healthier

    On February 26, 2020, in R.J. Reynolds Tobacco Company v. Burgess, No. 4D18-3014, the Florida Fourth DCA affirmed a $3 million judgment for the plaintiff, the surviving ...

    Read More
  • Florida Fourth DCA declines certiorari review of trial court order granting amendment of complaint to include punitive damages, noting lack of authority to conduct substantive certiorari review

    On January 8, 2020, in Sapp v. Olivares, No. 4D19-2190, the Florida Fourth DCA declined to exercise certiorari review ...

    Read More
  • Florida Third DCA rules that Florida’s statutory waiver of sovereign immunity for government agents who act in bad faith or in a wanton manner does not abrogate absolute immunity of public officials who make statements within the scope of their duties

    On January 2, 2020, in Quintero v. Diaz, No. 3D18-2545, the Florida Third DCA affirmed a trial court ruling that the former mayor of Sweetwater, ...

    Read More
  • Eleventh Circuit rules that “but-for” test applies in determining whether employer’s firing of alleged whistleblower was a retaliatory act sanctionable under False Claims Act

    On January 3, 2020, in Nesbitt v. Candler County, Georgia, No. 18-14484, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment ...

    Read More
  • Florida Second DCA holds that personal injury defendant was required to disclose information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them

    On January 3, 2020, in Tortorella-Andrews v. Delvecchio, No. 2D19-844, the Florida Second DCA issued a per curiam denial of a writ for certiorari that had been filed by a defendant ...

    Read More
  • Florida Fifth DCA finds that defense counsel’s improper closing argument did not violate fundamental fairness standard of review for retrial

    On January 31, 2020, in Orange County et al. v. Ferguson, No. 5D18-2405, the Florida Fifth DCA reversed a trial court order which had directed a verdict in favor of the plaintiff in a premises ...

    Read More
  • Florida First DCA rules that defendants in personal injury lawsuit were not estopped from claiming workers’ compensation immunity despite taking position in workers’ compensation proceeding that plaintiff’s claim was not covered by workers’ compensation

    On January 22, 2020, in McNair v. Dorsey, et al, No. 1D18-698, the Florida First DCA ruled that the defendants in personal injury lawsuit were not estopped from claiming ...

    Read More
  • Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, finds genuine issue of material fact in dispute as to whether owner knew or had reason to know the invitee was ill or injured and failed to seek medical assistance for him

    On January 15, 2020, in Bryan v. Galley Maid Marine Products, Inc., No. 4D18-3699, the Florida Fourth DCA reversed a summary judgment entered by the trial court ...

    Read More
  • Florida Second DCA rules that medical records company committed FUPTA violation in charging higher rates for records ordered by patient’s attorney rather than patient

    On January 15, 2020, in Webber v. Bactes Imaging Solutions, Inc., No. 2D18-2964, the Florida Second DCA reversed a trial court’s summary judgment ...

    Read More
  • Florida Supreme Court amends Rule of Appellate Procedure 9.130 to expand the availability of appellate review of nonfinal orders denying sovereign immunity, denying immunity in civil rights claims arising under federal law, and denying immunity under section 768.28(9), Florida Statutes.

    On January 23, 2020, in IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.130, the Florida Supreme Court amended Florida Rule of Appellate Procedure ...

    Read More
  • Florida Supreme Court authorizes amendments to standard civil jury instructions and model instructions

    On January 23, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES— REPORT 2019-04, the Florida Supreme Court authorized ...

    Read More
  • Florida Third DCA reverses trial court dismissal of negligence case against auto repair shop, rejects trial court’s conclusion that plaintiff’s theory of the case relied on impermissible stacking of inferences

    On January 22, 2020, in Desvarieux v. Bridgestone Retail Operations, LLC, No. 3D17-2019, the Florida Third DCA reversed a summary judgment entered by the trial court in favor of the defendant auto repair ...

    Read More