2020 Blog | Injury Lawyers in Daytona Beach

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Eleventh Circuit Court of Appeals rules that because federal government had withdrawn certification that defendant health care providers were covered under the FTCA, jurisdiction did not exist for appellate review of district court’s remand of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