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Blog Posts in May, 2017

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  • Florida Fourth DCA affirms trial court's dismissal of personal injury lawsuit for fraud upon the court in failing to disclose prior back and neck injuries
    Florida Fourth DCA affirms trial court's dismissal of personal injury lawsuit for fraud upon the court in failing to disclose prior back and neck injuries

    On May 17, 2017, in Bryant v. Mezo , No. 4D16-386, the Florida Fourth DCA affirmed a trial court’s dismissal of a personal injury lawsuit for fraud upon the court due to the plaintiff’s failure to ...

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  • Florida Fourth DCA reverses trial court, rules that plaintiff entitled to determination of whether PIP insurer underpaid medical providers and exposed plaintiff to balance billing
    Florida Fourth DCA reverses trial court, rules that plaintiff entitled to determination of whether PIP insurer underpaid medical providers and exposed plaintiff to balance billing

    On May 17, 2017, in Green v. State Farm , No. 4D16-1013, the Florida Fourth DCA reversed a trial court’s dismissal of the plaintiff’s declaratory judgment complaint challenging State Farm’s ...

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  • Florida Fifth DCA rules that assumption of risk doctrine applies only in cases involving contact sports or express contracts not to sue.
    Florida Fifth DCA rules that assumption of risk doctrine applies only in cases involving contact sports or express contracts not to sue.

    On May 19, 2017, in Petruzella v. Church of the Rock of Palm Coast , the Florida Fifth DCA reversed the trial court’s summary judgment in favor of the defendant in a premises liability slip and fall ...

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  • Florida Fifth DCA remands nursing home negligence case for new trial based on inconsistency of liability verdict with small amount of damages awarded
    Florida Fifth DCA remands nursing home negligence case for new trial based on inconsistency of liability verdict with small amount of damages awarded

    On May 19, 2017, in FLNC, Inc. v. Ramos , No. 5D16-1725, the Florida Fifth DCA remanded a nursing home negligence case for a new trial of liability, causation and damages after determining that small ...

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  • Florida Fifth DCA orders new trial on punitive damages in wrongful death case because of trial court's failure to give standard jury instruction on defendant's financial means
    Florida Fifth DCA orders new trial on punitive damages in wrongful death case because of trial court's failure to give standard jury instruction on defendant's financial means

    On May 19, 2017, in Persaud v. Cortes , No. 5D16-863, the Florida Fifth DCA reversed the trial court and ordered a new trial on punitive damages in an automobile negligence wrongful death case. The ...

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  • Eleventh Circuit Court of Appeals rejects challenge to constitutionality of giving preclusive effect to Engle findings as to negligence and product liability
    Eleventh Circuit Court of Appeals rejects challenge to constitutionality of giving preclusive effect to Engle findings as to negligence and product liability

    On May 18, 2017, in Graham v. R.J. Reynolds Tobacco Company , No. 13-14590, the Eleventh Circuit Court of Appeals affirmed a jury verdict finding the defendant tobacco companies liable on negligence ...

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