2020 Blog | Injury Lawyers in Daytona Beach

Florida Second DCA rules that plaintiff’s voluntary dismissal of complaint without prejudice did not trigger entitlement by defendant to attorney’s fees under Fla. Stat. § 768.79 even though the statute of limitations had expired at the time of dismissal January 8, 2021

On December 23, 2020, in Herrell, et al. v. Universal Property & Casualty Insurance Company, No. 2D19-1911, the Florida Second DCA affirmed a trial court's denial of the defendants' motion...

Eleventh Circuit affirms summary judgment for prescription drug manufacturer in product liability failure to warn case, finding that prescribing physician's testimony that he already knew risk information at time of prescription broke "causal chain" of proximate causation January 8, 2021

On December 22, 2020, in Hubbard v. Bayer Heathcare Pharmaceuticals Inc. et al., No. 19-13087, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment...

Florida First DCA rejects defendant’s claim for reimbursement of all fees and costs from personal injury plaintiff’s wife who lost her loss of consortium claim at trial, concluding that the fees and costs in defense of the husband’s and wife’s claims were not inextricably intertwined January 8, 2021

On December 30, 2020, in Signal Hills Golf Course, Inc. v. Womack, No. 1D19-1348, the Florida First DCA affirmed a trial court’s ruling which had denied the defendant's request...

Florida Third DCA reverses and remands for new trial after jury awards slip and fall plaintiff damages for past medical expenses but not for past noneconomic damages January 8, 2021

On December 16, 2020, in Cabrera v. Wal-Mart Stores East, LP, No. 3d19-2301, the Florida Third DCA reversed a trial court judgment in a premises liability slip and fall case...

Florida Third DCA affirms directed verdict for defendant on issue of punitive damages related to plaintiff’s non-intentional tort claims; finds that plaintiff failed to present sufficient evidence that decedent relied on tobacco companies’ misrepresentations January 8, 2021

On December 16, 2020, in Hardin v. R.J. Reynolds Tobacco Company, No. 3D18-0958, the Florida Third DCA affirmed a trial court’s directed verdict in favor of the defendant...

Florida First DCA affirms defense verdict in motor vehicle negligence case, finds that trial court properly admitted evidence of pedestrian plaintiff’s intoxication January 8, 2021

On December 16, 2020, in Balogh v. ABC Liquors, et al., No. 1D19-2121, the Florida First DCA affirmed a jury verdict and judgment in favor of the defendant in a motor vehicle negligence case...

Florida First DCA finds no jurisdiction to hear certiorari petition by personal injury plaintiff seeking public disclosure of defendant corporation’s confidential materials January 8, 2021

On December 14, 2020, in Craig-Myers v. Otis Elevator Company, et. al, No. 1D20-1236, in a per curiam decision, the Florida First DCA dismissed a certiorari petition...

Florida Fifth DCA rules that trial court erred in giving res ipsa loquitur instruction in premises liability case involving allegedly negligent operation of mechanical prison gate January 8, 2021

On December 31, 2020, in Orange County, Florida v. Whitehead, No. 5D1901894, the Florida Fifth DCA reversed a judgment for the plaintiff in a premises liability case...

Florida Supreme Court issues order adopting federal summary judgment standard creating lower bar for summary judgment; amendment to take effect 5/1/2021 pending public comments January 8, 2021

On December 31, 2020, in IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE, No. SC20-1490, the Florida Supreme Court amended Fla. R. Civ. P. 1.510...

Florida Third DCA rules that trial court prematurely granted summary judgment for defendant in wrongful death case January 8, 2021

On December 23, 2020, in Benavides, et al, v. Medina, et al., No. 3D20-10, the Florida Third DCA reversed a trial court’s summary judgment for one of the defendants...

Florida Fifth DCA affirms judgment against insurer in uninsured motorist case, finding plaintiff counsel’s improper closing remark to jury that empathy was a proper consideration did not rise to the level of reversible error January 8, 2021

On December 11, 2020, in State Farm v. Knapp, et al., No. 5D19-2219, a per curiam decision, the Florida Fifth DCA affirmed a judgment against the defendant insurer in an uninsured motorist case...

Florida Fourth DCA rules that plaintiff counsel’s closing argument in Engle-progeny tobacco case likening defendant to Nazis was improper but not give rise to reversible error January 8, 2021

On December 9, 2020, in R.J. Reynolds Tobacco Company v. Kaplan, No. 4D18-2880, the Florida Fourth DCA affirmed a judgment against the defendant in an Engle-progeny tobacco case...

Florida Fifth DCA rules in favor of defendant life insurance company in coverage dispute involving interpretation of policy provisions January 8, 2021

On December 31, 2020, in Principal Life Insurance Company v. Halstead, et al., No. 5D18-3342, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the plaintiff...

Florida Fourth DCA rules that whether plaintiff had given "prompt" notice of claim to defendant property insurer as required under insurance contract was jury question not subject to resolution by summary judgment January 8, 2021

On December 9, 2020, in Restoration Construction, LLC, v. Safepoint Insurance Company, No. 4D19-3790, the Florida Fourth DCA reversed a trial court’s summary judgment for the defendant...

Florida Fourth DCA rules that trial court in personal injury action properly limited the plaintiff’s evidence of her past Medicare-covered medical expenses to the amount of bills actually paid by Medicare January 8, 2021

On December 11, 2020, in Dial v. Calusa Palms Master Association, Inc., No. 2D18-4339, the Florida Second DCA ruled that the trial court in a personal injury action...

Eleventh Circuit Court of Appeals rules that Parkland students cannot pursue class action lawsuit against Broward County based on theory that incompetent response to shooting constituted a violation of their due process rights January 8, 2021

On December 11, 2020, in L.S., et al, v. Peterson, et al, No. 19-14412, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a class action lawsuit...

Florida Third DCA rules that defendants in defamation action were entitled to absolute litigation privilege for the allegedly defamatory disclosure of bar complaint against plaintiffs as an attachment to a pleading in a separate replevin action January 8, 2021

On December 23, 2020, in Gursky Ragan, P.A. v. Association of Poinciana Villages, Inc., No. 3D19-0696, the Florida Third DCA affirmed a trial court summary judgment...

Florida Fourth DCA rules in criminal vehicular homicide case that State was not entitled to subpoena defendant’s hospital records following the incident because there was not a "reasonable founded suspicion" that the defendant had been intoxicated January 8, 2021

On December 2, 2020, in Rodriguez v. State of Florida, No. 4D20-2010, the Florida Fourth DCA granted the certiorari petition of a defendant in a pending vehicular homicide case...

Florida Third DCA quashes trial court’s contempt order against defendant in civil theft case, finds that defendant did not waive Fifth Amendment right by refusing to answer questions on other privilege grounds prior to invoking Fifth Amendment January 8, 2021

On December 2, 2020, in Wahnon v. Coral and Stones Unlimited Corp., No. 3D19-2387, the Florida Third DCA addressed the issues that arise when a trial court attempts...

Eleventh Circuit Court of Appeals rules that state-controlled foreign bank was not entitled to statutory sovereign immunity from lawsuit in the United States, citing commercial activity exception in Foreign Sovereign Immunities Act January 8, 2021

On December 4, 2020, in R&R International Consulting, LLC, v. Banco Do Brasil, S.A., No. 19-12466, the Eleventh Circuit Court of Appeals ruled that a U.S. district court erred...

Eleventh Circuit Court of Appeals rules that class action attorney did not owe any heightened duty of loyalty and confidentiality to class representative distinct from duty owed to rest of class January 8, 2021

On December 1, 2020, in Medical & Chiropractic Clinic, Inc. v. Oppenheim, et al., No. 18-13714, the Eleventh Circuit Court of Appeals ruled that legal counsel...

Florida Third DCA rules that production of insurance company’s documents concerning its business practices and procedures was premature in first-party dispute concerning insurance coverage December 8, 2020

On November 25, 2020, in State Farm Florida Insurance Company v. Hill, No. 3D20-1191, the Florida Third DCA quashed a trial court order which had denied State Farm’s motion...

Florida Third DCA rules that trial court erred by requiring subpoenaed non-party to file a privilege log December 8, 2020

On November 25, 2020, in IATAI Enterprises, Inc. v. Loyacono, No. 3D19-1831, the Florida Third DCA reversed a trial court order which had compelled a subpoenaed company...

Florida First DCA rules that "wrongful act doctrine" entitling litigant to attorney's fees did not apply to attorney’s fee incurred by defendant in prosecuting cross claim for indemnity against co-defendant in nursing home negligence case December 8, 2020

On November 18, 2020, in MV Senior Management, LLC, v. Redus Florida Housing, LLC, No. 1D20-111, the Florida First DCA reversed a trial court order that the management company...

Florida First DCA rules that Medicare lien on personal injury recovery was subject to pro rata reduction December 8, 2020

On November 18, 2020, in Soto v. Agency for Health Care Administration, No. 1D17-5387, the Florida First DCA reversed a determination by an administrative law judge...

Eleventh Circuit reverses judgment for plaintiff in tobacco litigation case after concluding that plaintiff was not entitled to Engle class liability findings December 8, 2020

On November 20, 2020, in Harris v. R.J. Reynolds Tobacco Company, et al., No. 19-11907, the Eleventh Circuit Court of Appeals reversed a judgment for the plaintiff...

Florida Fourth DCA rejects class action certification for Geico policyholders who allegedly executed online waivers of UM coverage December 8, 2020

On November 12, 2020, in Coccaro v. Geico General Insurance Company, No. 4D19-3665, the Florida Fourth DCA affirmed the trial courts’ denial of class certification...

Florida Second DCA rules that prevailing party’s recovery of attorney’s fees in bad faith action includes fees from underlying UM action December 8, 2020

On November 13, 2020, in Milling v. The Travelers Home and Marine Insurance Company, No. 2D18-4724, the Florida Second DCA reversed a trial court ruling...

Eleventh Circuit Court of Appeals rules that State of Florida does not have sovereign immunity from lawsuit brought by the National Association of the Deaf to require captioning for live and archived videos of Florida legislative proceedings December 8, 2020

On November 10, 2020, in National Association of the Deaf, et al. v. State of Florida, et al., No. 18-12786, the Eleventh Circuit Court of Appeals affirmed a SDFL district court’s denial...

Florida Fifth DCA denies certiorari petition of personal injury defendant ordered to disclose amount paid by attorney’s law firm to case experts over the preceding three years December 8, 2020

On November 6, 2020, in Routhier, et al. Barnes, et al., No. 5D20-1862, the Florida Fifth DCA denied the certiorari petition of the defendants in a medical negligence case...

Florida Fourth DCA rules that high voltage power lines were open and obvious danger not triggering homeowner duty to warn tree trimmer December 8, 2020

On November 25, 2020, in Salinas v. Weden, et al., No. 4D19-3634, the Florida Fourth DCA affirmed a summary judgment for the defendant homeowners in a premises liability lawsuit...

Florida First DCA affirms trial court ruling in premises liability case that discovery of substance on the floor of the supermarket was insufficient to create a jury issue December 8, 2020

On November 20, 2020, in Rodgers v. Publix Super Markets, Inc., No, 1D20-579, the Florida First DCA in a PCA decision affirmed a trial court ruling in a premises liability case...

Florida Fourth DCA rules in premises liability/negligent security wrongful death case that decedent’s alleged commission of felony was too remote in time from his killing to entitle defendant to immunity under Fla. Stat. § 768.075(4) December 8, 2020

On November 4, 2020, in Pride of St. Lucie Lodge 1189, Inc. v. Reed, No. 4D19-3009, the Florida Fourth DCA affirmed a final judgment in favor of the plaintiff...

Florida Third DCA rules that former mayor of the City of South Miami was entitled to immunity from defamation lawsuit brought by the city’s former chief of police December 8, 2020

On November 4, 2020, in Martinez de Castro, et al, v. Stoddard, et al., No. 3D19-2096, the Florida Third DCA affirmed a trial court ruling that the former mayor...

Florida Fifth DCA remands case brought under Florida Private Whistleblower Act for new trial after concluding that trial court erroneously instructed jury using "motivating factor" causation standard November 18, 2020

On October 30, 2020, in Chaudhry v. Adventist Health System Sunbelt, Inc., No. 5D18-2380, the Florida Fifth DCA affirmed a trial court order setting aside a jury's award to the plaintiff...

Florida Third DCA affirms order granting plaintiff new trial in Engle-progeny tobacco case due to trial court’s erroneous dismissal of prospective jurors without allowing examination by plaintiff’s counsel November 18, 2020

On October 28, 2020, in Frogel v. Philip Morris USA, Inc., No. 4D19-2781, the Florida Fourth DCA affirmed the order of a new trial in an Engle-progeny tobacco case...

Florida Third DCA affirms trial court ruling that University of Miami is entitled to sovereign immunity in lawsuit alleging negligence of its employee doctor while he was providing medical services at Jackson Memorial Hospital November 18, 2020

On October 28, 2020, in Lazzari, et al., v. Guzman, et al. No. 3D19-597, the Florida Third DCA affirmed a trial court ruling in a medical negligence case that the University of Miami...

Florida Second DCA affirms trial court’s denial of defense motion to enforce alleged settlement agreement involving proffered settlement check that included lienholder as additional payee November 18, 2020

On October 28, 2020, in Suarez Trucking FL Corp.. et al. v. Souders, No. 2D19-572, the Florida Second DCA affirmed a trial court order which denied the defendant’s motion ...

Florida Fifth DCA rules that punitive damages award in Engle-progeny tobacco case that was over 50 times greater than the compensatory damages award was constitutionally excessive under Eighth Amendment November 18, 2020

On October 23, 2020, in R.J. Reynolds Tobacco Company v. Coates, No. 5D19-2549, the Florida Fifth DCA reversed a $16 million punitive damages award for the plaintiff...

Florida Fourth DCA finds that defendant insurer in bad faith case waived objection to technical defect in civil remedy notice by not raising defect in response to notice November 18, 2020

On October 21, 2020, in Bay v. United Services Automobile Association, No. 4D19-3332, the Florida Fourth DCA reversed a trial court order dismissing a plaintiff’s bad faith complaint...

Florida Third DCA rules that trial court applied erroneous legal standard to review of plaintiff’s motion to add punitive damages claim November 18, 2020

On October 21, 2020, in Rodriguez v. Scurtis, No. 3D20-890, the Florida Third DCA granted a defendant’s certiorari petition for relief from a trial court order...

Florida Third DCA affirms dismissal of libel/defamation complaint, finds that allegedly defamatory statements in documentary program were either not capable of being proved true or false on a core of objective evidence, consisted of so-called rhetorical hyperbole, or were protected commentary or opinion November 18, 2020

On October 21, 2020, in Skupin v. Hemisphere Media Group, Inc. et al., No. 3D19-1555, the Florida Third DCA affirmed a trial court ruling dismissing a plaintiff’s lawsuit...

Eleventh Circuit rules in negligent design product liability case that that issues regarding testing of plaintiff expert’s alternative saw design went to weight of testimony rather than admissibility November 18, 2020

On October 21, 2020, in Crawford v. ITW Food Equipment Group, LLC, No. 19-10964, the Eleventh Circuit Court of Appeals affirmed a $ 4 million jury verdict...

Florida First DCA affirms trial court order denying defendant’s motion for remittitur of amount of jury verdict in motor vehicle negligence case November 18, 2020

On October 28, 2020, in Hunt v. Lightfoot, No. 1D19-3683, the Florida First DCA affirmed a trial court order ruling denying the defendant’s motion for remittitur...

Eleventh Circuit rules that district court abused its discretion by not holding evidentiary hearing on alleged misstatements by prospective jurors during voir dire November 18, 2020

On October 20, 2020, in Torres v. First Transit, Inc., No. 18-15186, the Eleventh Circuit Court of Appeals vacated a SDFL district court order denying the defendant...

Florida Fourth DCA affirms order compelling arbitration in nursing home negligence case despite lack of explicit reference in arbitration agreement to tort claims November 18, 2020

On October 21, 2020, in Cooper v. Rehabilitation Center at Hollywood Hills LLC, et al., No. 4D20-163, the Florida Fourth DCA affirmed a trial court order compelling arbitration...

Florida Second DCA rules that trial court failed to create adequate record to permit plaintiff’s amendment of nursing home negligence complaint to include punitive damages claim November 18, 2020

On October 14, 2020, in East Bay NC, LLC, et al, v. Reddish, No. 2D19-4351, the Florida Second DCA quashed a trial court order granting the plaintiff in a nursing home negligence case...

Florida Second DCA rules that electric company could not claim workers compensation immunity from liability for injuries to employees of company working under maintenance contract at electric plant November 18, 2020

On October 16, 2020, in Tampa Electric Company v. Gansner, et al., No. 2D19-3091, the Florida Second DCA affirmed a trial court ruling denying summary judgment to the defendant...

Eleventh Circuit reverses summary judgment for defendant police officers in civil right excessive force case; rules that tasing a cooperative, nonthreatening misdemeanant in the back is not is an appropriate means of effecting an arrest November 18, 2020

On October 20, 2020, in Stryker v. City of Homewood et al., No. 19-10495, the Eleventh Circuit Court of Appeals reversed a district court order granting...

Eleventh Circuit rules that plaintiff’s excessive force civil rights case was not barred by his criminal convictions for assault on a law enforcement officer and fleeing to elude during the same encounter with law enforcement November 18, 2020

On October 13, 2020, in Harrigan v. Rodriguez, No. 17-11264, the Eleventh Circuit Court of Appeals reversed a U.S. district court’s summary judgment...

Florida First DCA rules that trial court’s limitation of voir dire questioning by plaintiff’s counsel to one hour did not constitute abuse of discretion warranting new trial because counsel failed to continue to object to time limitation or explain why additional time was needed at the conclusion of his examination November 18, 2020

On October 13, 2020 in Tallahassee Housing Authority v. Prather, No. 1D19-2457, the Florida First DCA reversed a trial court ruling that had granted the plaintiff in a premises liability case...

Florida Fourth DCA rules that text messages could be authenticated through circumstantial evidence even though there was no direct evidence identifying the sender November 18, 2020

On October 7, 2020, in State of Florida v. Torres, Mo. 4D20-225, the Florida Fourth DCA held in a criminal sexual molestation case that text messages the minor victim allegedly received...

Florida Fourth DCA rejects use of consumer expectations test in product liability case due to complexity of medical device involved and fact that it was available to an ordinary consumer only as an incident to a medical procedure November 18, 2020

On October 7, 2020, in Cavanaugh v. Stryker Corporation, No. 4D19-523, the Florida Fourth DCA considered an appeal by the plaintiff of a defense verdict in a product liability case...

Florida Third DCA rules that plaintiff in breach of contract case against property insurer is not entitled to obtain defendant’s privileged claims file in discovery until there is a determination of policy coverage November 18, 2020

On October 7, 2020, in Safepoint Insurance Company v. Gonzalez, et al., No. 3D20-1050, the Florida Third DCA quashed a trial court ruling that had required the defendant insurer...

Florida First DCA rules that sovereign immunity barred claims against state entity arising under federal Uniformed Services Employment and Reemployment Rights Act of 1994 and Florida Uniformed Servicemembers Protection Act November 18, 2020

On October 9, 2020, in State of Florida v. Hightower, No. 1D19-227, the Florida First DCA ruled that sovereign immunity barred a private individual’s claims against the Florida Department of Highway Safety and Motor Vehicles...

Florida Supreme Court rules that minor-aged victim of sexual abuse is not entitled to accrue negligence and respondeat superior claims against employer of abuser until a proper representative knew or reasonably should have known of the facts that supported the cause of action November 18, 2020

On October 1, 2020, in RR, et al., New Life Community Church of CMA, Inc., et al, No. SC18-962, a case in which the plaintiffs alleged that they were sexually abused as children by an individual employed by the defendant church...

Florida Second DCA reverses trial court, rules that plaintiff in slip and fall case was not entitled to new trial based on newly discovered evidence October 08, 2020

On September 30, 2020, in Neapolitan Enterprises, LLC, v. Fishman, No. 2D19-4541, the Florida Second DCA reversed a trial court order which...

Florida Fourth DCA affirms dismissal of bad faith lawsuit by insured against property insurer after concluding that plaintiff’s civil remedy notice lacked sufficient specificity October 08, 2020

On September 23, 2020, in Julien v. United Property & Casualty Insurance Company, No. 4D19-2763, the Florida Fourth DCA affirmed...

Florida Fourth DCA rules that PIP policy issued by defendant insurer plainly limited medical provider reimbursement to 80% of statutory fee schedule October 08, 2020

On September 23, 2020, in Plantation Open MEI, LLC., et al. v. Infinity Indemnity Insurance Company, et al., the Florida Fourth DCA affirmed...

Florida Second DCA rules that hospital was entitled to claim sovereign immunity in class action claiming it illegally asserted an unconstitutional lien; there was no “illegal extraction” because lien was claimed before county lien statute was found unconstitutional October 08, 2020

On September 25, 2020, in Lee Memorial Health System v. Hilderbrand, et al., No. 2D19-4722, a class action case in which the plaintiffs alleged...

Florida First DCA rules that trial court erred in not allowing the jury to decide issue of proximate causation in motor vehicle negligence case October 08, 2020

On September 21, 2020, in Vitro America, Inc. v. Ngo, No. 1D19-3737, the Florida First DCA reversed an 8.2 million judgment for the plaintiff...

Florida Supreme Court rules that Florida’s sovereign immunity cap on damages applies collectively to all victims in mass shooting because all injuries occurred as the result of the “same incident or occurrence” October 08, 2020

On September 24, 2020, in Barnett v. State of Florida, Department of Financial Services, et al., No SC19-87, the Florida Supreme Court ruled that multiple...

Eleventh Circuit finds defendant law enforcement officer’s interlocutory appeal of trial court’s denial of summary judgment motion in civil rights case on grounds of qualified immunity was premature because appeal considered only factual issue October 08, 2020

On September 17, 2020, in Hall v. Flournoy, No. 18-13436, the Eleventh Circuit Court of Appeals determined that an interlocutory...

Eleventh Circuit rules that retrial of punitive damages claim in Engle-progeny tobacco case will not include retrial of underlying claims for negligence and strict liability for which a jury has already awarded plaintiff $2.125 million October 08, 2020

On September 15, 2020, in Sowers v. R.J. Reynolds Tobacco Company, No. 18-1191, the Eleventh Circuit Court of Appeals ruled...

Florida Fourth DCA reverses trial court’s award of fees and costs to plaintiff based on defendant’s failure to accept proposal for settlement, concluding that the proposal was unenforceable because it was issued prior to the proper substitution of the deceased defendant’s curator as defendant October 08, 2020

On September 9, 2020, in De La Riva v. Chavez, No. 4D19-1371, the Florida Fourth DCA reversed a trial court order granting...

Florida Fourth DCA rules that trial court’s admission in bad faith UIM case of evidence of plaintiff’s previous unaccepted settlement offer at mediation was reversible error October 08, 2020

On September 9, 2020, in Moultrop v. Geico General Insurance Company, No. 4D19-225, the Florida Fourth DCA reversed a judgment...

Florida Third DCA reverses trial court’s dismissal of plaintiff’s complaint, finding that dismissal was impermissibly based on grounds not included in defendant’s motion to dismiss October 08, 2020

On September 9, 2020, in Howard v. Greenwich Insurance Company, No. 3D19-1922, the Florida Third DCA reversed a trial...

Florida First DCA finds that in arriving at expert conclusion about cause of crime victim’s death, medical expert was permitted to testify on redirect that he relied upon report of another medical expert who examined victim’s body October 08, 2020

On September 10, 2020, in Barnes v. State of Florida, No. 1D19-889, a criminal case, the Florida First DCA considered ...

Eleventh Circuit Court of Appeals vacates district court dismissal of Georgia inmate’s civil rights complaint for failure to exhaust administrative remedies, remands for development of fuller record regarding inmate’s claim that he was misled by prison officials October 08, 2020

On September 10, 2020, in Geter v. Akunwanne, et al., No. 18,14824, the Eleventh Circuit Court of Appeals vacated the judgment ...

Florida Second DCA finds that defendant in premises liability trip and fall case was not entitled to summary judgment based on allegedly open and obvious nature of parking lot depression October 08, 2020

On September 4, 2020, in Greene v. Twistee Treat USA LLC et al., No. 2D14-4064, the Florida Second DCA reversed a summary ...

Eleventh Circuit Court of Appeals rules that independent physician associations which have made conditional payments for a Medicare Advantage Organization can bring suit for double damages against the primary payer October 08, 2020

On September 4, 2020, in MSP Recovery Claims, Series, LLC, et al. v. ACE American Insurance Company, et al, Nos. 18-12139, 18-12149, 18-13049, 18-13312. The ...

Eleventh Circuit Court of Appeals reverses district court’s summary judgment for defendant police officer in excessive force case involving Alabama man killed by officer during arrest for refusal to produce driver’s license October 08, 2020

On September 3, 2020, in Cantu v. City of Dothan, Alabama, et al., No. 18-15071, the Eleventh Circuit Court of Appeals ...

Eleventh Circuit rules that son of former Prime Minister of Albania was a “limited public figure” who could only prevail in defamation action against book publisher and author by demonstrating that the defendants acted with actual malice against him October 08, 2020

On September 2, 2020, in Berisha v. Lawson, et al., No. 19-10315, the Eleventh Circuit Court of Appeals affirmed ...

Eleventh Circuit Court of Appeals rules that Florida inmates suffering from Hepatitis C are not constitutionally entitled to "state of the art" medical treatment September 10, 2020

On August 31, 2020, in Hoffer v. Secretary, Florida Department of Corrections, No. 19-11921, the Eleventh Circuit Court of Appeals vacated an injunction that had been entered ...

Eleventh Circuit Court of Appeals rules that because federal government had withdrawn certification that defendant health care providers were covered under the FTCA, jurisdiction did not exist for appellate review of district court’s remand of medical negligence case to state court September 10, 2020

On August 25, 2020, in Thomas v. Albany Area Primary Healthcare, Inc., et al., No. 19-11187, the Eleventh Circuit Court of Appeals determined that it did not have jurisdiction to review ...

Eleventh Circuit Court of Appeals rules that discretionary function exception to Federal Tort Claims Act’s waiver of sovereign immunity did not apply in case involving allegedly negligent controlled fire burn by government September 10, 2020

On August 24, 2020, in Foster Logging, Inc. et al, v. USA., No. 18-15033, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of the plaintiff’s negligence case ...

Florida Fifth DCA denies petition of motor vehicle negligence defendant to quash plaintiff’s interrogatories seeking information concerning the financial relationship, if any, between the defendant’s attorney, liability insurer, and medical experts September 10, 2020

On August 21, 2020, in Owens v. Perron, et al, No. 5D20-508, the Florida Fifth DCA denied the petition for certiorari of a defendant in a motor vehicle negligence case ...

Florida Fifth DCA rules that advance payment by UM insurer to insured operated as a set-off from judgment in UM case September 10, 2020

On August 21, 2020, in Solomon v. State Farm, No. 5D18-3920, the Florida Fifth DCA ruled that a “good faith payment” made as an advance payment to the plaintiff ...

Florida Fifth DCA rules that trial court erred in granting summary judgment in wrongful death case on a ground not substantively raised by defendants September 10, 2020

On August 28, 2020, in Rossman v. Wallick, et al., No. 5D19-1644, the Florida Fifth DCA reversed a trial court summary judgment entered in favor of the defendants in a wrongful death case ...

Florida Fifth DCA reverses trial court, finds that plaintiff was not entitled to award of attorney’s fees under wrongful act doctrine since applicability of the doctrine was not specifically pled in the complaint September 10, 2020

On August 21, 2020, in Cinco, et al. v. Coquina Palms Homeowners Association, Inc., No. 5D18-2897, the Florida Fifth DCA addressed a seldom invoked doctrine under Florida law ...

Florida Fourth DCA rules that proposal for settlement containing erroneous settlement amount was void because it was not authorized by client September 10, 2020

On August 19, 2020, in Dale v. Schaub et al., No. 4D19-900, the Florida Fourth DCA reversed a trial court ruling that denied a plaintiff’s motion to withdraw a proposal ...

Florida First DCA rules that trial court was not required to make express findings when ruling on plaintiff’s motion to amend complaint to assert punitive damages claim, certifies conflict with Third, Fourth and Fifth DCAs September 10, 2020

On August 19, 2020, in Watt v. Lo, No. 1D19-2994, the Florida First DCA denied the certiorari petition of a defendant in a motor vehicle personal injury action ...

Florida Forth DCA rules that arbitration provision in release and waiver form was valid and enforceable against minor accident victim who forged parent’s signature on form September 10, 2020

On August 12, 2020, in Off the Wall & Gameroom LLC v. Gabbai, No. 4D19-2657, the Florida Fourth DCA reversed a trial court’s ruling denying a defendant’s motion to compel arbitration ...

Florida Third DCA affirms trial court’s dismissal on forum non conveniens grounds of breach of contract case between foreign companies September 10, 2020

On August 12, 2020, in Certain Underwriting members of Lloyd’s, Syndicates 623 and 2623 v. Prime Holdings Insurance Services, No. 3D19-2322, the Florida Third DCA affirmed a trial court’s dismissal of the plaintiff’s complaint ...

Florida Second DCA reverses trial court’s dismissal of plaintiff’s legal malpractice lawsuit on statute of limitations grounds September 10, 2020

On August 14, 2020, in Hurley v. Lifsey, No. 2D19-1438, the Florida Second DCA reversed a trial court’s dismissal of the plaintiff’s legal malpractice case ...

Eleventh Circuit rules that leaving a pretrial detainee alone in an un-air-conditioned Sheriff’s van for almost an hour in 85 degree heat was unconstitutional excessive force, but affirms partial dismissal of plaintiff’s civil rights claims because right not to be subjected to such treatment wasn’t clearly established at time of incident September 10, 2020

On August 11, 2020, in Patel v. Lanier County Georgia, et al, No. 19-11253, the Eleventh Circuit Court of Appeals addressed two constitutional questions in a civil rights case ...

Eleventh Circuit rules that calculation of medical expense component of damages in maritime negligence case is not limited to amount paid after negotiated reductions September 10, 2020

On August 14, 2020, in Higgs v. Costa Crociere S.P.A. Company, No. 19-10371, the Eleventh Circuit Court of Appeals affirmed in part and reversed in part a trial verdict and judgment ...

Florida Fifth DCA rules that defendant waived work product privilege by allowing corporate representative to testify about content of privileged documents September 10, 2020

On August 7, 2020, in Quest Diagnostics Incorporated v. Hall, No. 5D20-255, the Florida Fifth DCA denied a defendant’s certiorari petition ...

Florida Fifth DCA reverses trial court and remands medical negligence case for trial de novo after nonbinding arbitration September 10, 2020

On August 7, 2020, in Dungarani v. Benoit, No. 5D19-139, the Florida Fifth DCA reversed a trial court ruling denying a plaintiff’s request for a trial de novo ...

Florida Third DCA affirms directed verdict for defendant tobacco company on plaintiff’s punitive damages claims in Engle-progeny tobacco case September 10, 2020

On August 5, 2020, in Hardin v. R.J. Reynolds Tobacco Company, No. 3D18-0958, an Engle- progeny tobacco case, the Florida Third DCA affirmed a trial court’s directed verdict in favor of the defendant tobacco company ...

Florida First DCA affirms jury verdict and judgment for defendants in consolidated bad faith/professional negligence actions by doctor against professional liability insurer and law firm which represented him in medical negligence case September 10, 2020

On August 7, 2020, in Samiian v. First Professional Insurance Company, Inc., No. 1D19-120, the Florida First DCA affirmed a final judgment in favor of the defendants ...

Eleventh Circuit Court of Appeals reverses district court judgment for the defense in wrongful death case against former President and Defense Minister of Bolivia September 10, 2020

On August 3, 2020, in Mamani v. Bustamante, No. 18-12728, the Eleventh Circuit Court of Appeals vacated a judgment by a district court in a wrongful death case ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 6, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

Florida Third DCA affirms multi-million verdict against tobacco company in Engle-progeny tobacco lawsuit August 06, 2020

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 ...

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 August 6, 2020

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 ...

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 August 06, 2020

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 ...

Eleventh Circuit rejects plaintiff’s res ipso loquitur and spoliation claims against defendant cruise line in lawsuit involving collapsed stateroom chair August 06, 2020

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 ...

Florida Fourth DCA affirms trial court’s exclusion of expert’s PTSD diagnosis which was not disclosed to defense until eve of trial August 06, 2020

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 ...

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 August 06, 2020

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, ...

Florida Second DCA quashes trial order granting plaintiff leave to amend complaint to add punitive damages count in nursing home negligence case August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 August 06, 2020

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 ...

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 July 08, 2020

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 ...

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 July 08, 2020

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 ...

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 July 08, 2020

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 ...

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 July 08, 2020

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

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 July 08, 2020

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 ...

Eleventh Circuit reverses summary judgment for defendant cruise line in maritime-negligence case July 08, 2020

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 ...

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 July 08, 2020

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 ...

Eleventh Circuit rules that Georgia jail employees are not civilly liable for pretrial detainee’s murder by fellow inmate July 08, 2020

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 ...

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 July 08, 2020

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 ...

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 July 08, 2020

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 ...

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 July 08, 2020

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 ...

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 July 08, 2020

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 ...

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 July 08, 2020

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 ...

Florida First DCA rejects insurance company’s attempt to intervene in motor vehicle negligence case June 12, 2020

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 ...

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 June 12, 2020

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 ...

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 June 12, 2020

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 ...

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 June 12, 2020

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 ...

Florida Second DCA reverses jury verdict for plaintiff in medical negligence case, finds that defendant was denied the opportunity to present “empty chair” defense June 12, 2020

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 ...

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 June 12, 2020

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 ...

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 June 12, 2020

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

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 June 12, 2020

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 ...

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 June 12, 2020

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 ...

Florida Fourth DCA affirms jury verdict and judgment for plaintiff in case brought under Florida’s Whistleblower Act June 12, 2020

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 ...

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 June 12, 2020

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 ...

Florida Third DCA finds that additional allegations in plaintiff’s summary judgment affidavit beyond allegations contained in deposition testimony did not invalidate affidavit May 12, 2020

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

Florida Second DCA rules that trial court erred in granting summary judgment to defendant in slip and fall premises liability case May 12, 2020

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

Florida First DCA rules that insured was prohibited from recovering non-stacked benefits under UM policy after electing stacked benefits under separate UM policy May 12, 2020

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 ...

Florida First DCA rejects essential government functions test in determining defendant’s sovereign immunity status May 12, 2020

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

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 May 12, 2020

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

Eleventh Circuit reverses district court summary judgment for defendant cruise line in premises liability slip and fall case May 12, 2020

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 ...

Eleventh Circuit Court of Appeals reverses district court’s summary judgment for defendant Seminole County in civil rights case alleging unlawful detention May 12, 2020

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 ...

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 May 12, 2020

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 ...

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 May 12, 2020

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 ...

Florida Fourth DCA affirms dismissal of negligence lawsuits brought by Pulse nightclub shooting victims against employer of shooter. May 12, 2020

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 ...

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 April 27, 2020

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 ...

Florida Supreme Court revises rules for authorization of standard jury instructions April 27, 2020

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 ...

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 April 27, 2020

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 ...

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 April 27, 2020

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 ...

Florida First DCA reverses Administrative Law Judge’s denial of reduction of Medicaid lien asserted against medical negligence recovery involving a brain damaged infant April 27, 2020

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 ...

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 April 27, 2020

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 ...

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 April 27, 2020

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 ...

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 April 27, 2020

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 ...

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 April 27, 2020

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 ...

Florida Second DCA finds that plaintiff failed to comply with medical negligence presuit requirements by failing to timely provide expert affidavit to defendant doctor April 27, 2020

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 ...

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 April 27, 2020

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 ...

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 April 27, 2020

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 ...

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. April 27, 2020

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 ...

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 April 27, 2020

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 ...

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 March 17, 2020

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

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 March 17, 2020

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 ...

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 March 17, 2020

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 ...

Florida Second DCA rejects trial court’s application of federal Celotex summary judgment standard March 17, 2020

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 ...

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 March 17, 2020

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 ...

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 March 17, 2020

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 ...

Florida Supreme Court approves changes to product liability jury instructions March 17, 2020

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

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 March 17, 2020

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 ...

Florida Third DCA rules that defendant asbestos manufacturer was entitled to introduce admissions from deceased party alleging asbestos exposure by non-party asbestos manufacturers March 17, 2020

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 ...

Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP) insurance reimbursement March 17, 2020

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 ...

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 March 17, 2020

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 ...

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 March 17, 2020

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 ...

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 January 17, 2020

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

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 January 17, 2020

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, ...

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 January 17, 2020

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 ...

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 January 17, 2020

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 ...

Florida Fifth DCA finds that defense counsel’s improper closing argument did not violate fundamental fairness standard of review for retrial January 17, 2020

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 ...

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 January 17, 2020

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 ...

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 January 17, 2020

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 ...

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 January 17, 2020

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 ...

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. January 17, 2020

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 ...

Florida Supreme Court authorizes amendments to standard civil jury instructions and model instructions January 17, 2020

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

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 January 17, 2020

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 ...

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