Motor Vehicle Negligence Blog | Sands, White & Sands, P.A.

Florida Fourth DCA rules in UIM motor vehicle negligence case in which plaintiff’s vehicle was allegedly struck in succession by two vehicles that trial court did not err in instructing jury that multiple impacts can constitute one “accident” under UIM policy if there is one proximate, uninterrupted and continuing cause of injury April 12, 2021

On March 10, 2021, in Belt v. USAA Casualty Insurance Company, No. 4D20-339, the Florida Fourth DCA affirmed a final judgment for the defendant in anuninsured motor vehicle negligence case, rejecting a claim by the plaintiff that the trial court erred in instructing the jury ...

Florida Second DCA rules that insurance company which did not provide liability coverage to its insured but provided courtesy representation at trial could not be joined as a codefendant in the final judgment April 12, 2021

On March 26, 2021, in Security National Insurance Co. v. Gonzalez, No. 2D18-3427, the Florida Second DCA considered a motor vehicle negligence case involving the application of § 727.4136, Florida States, Florida’s nonjoinder statute...

Florida Fifth DCA rules that trial court erred in allowing evidence of defendant’s intoxication in the compensatory damages phase of bifurcated motor vehicle negligence drunk driving case when the defendant had conceded pre-trial to liability for both compensatory and punitive damages March 12, 2021

On February 12, 2021, in McKinney, et al.v. Graham, No. 5D18-3265, the Florida Fifth DCA reversed a $2.6 million verdict in favor of the plaintiff in a motor vehicle negligence drunk driving case and remanded for a new trial...

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 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 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 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 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 Fifth DCA rules that AAA automobile liability insurance policy clause limiting coverage to $100,000 per person provided single per person liability limit for loss of consortium claims of parents of decedent January 17, 2020

On December 13, 2019, in Auto Club Insurance Company of Florida v. Estate of Lewis, No. 5D18-3439, the Florida Fifth DCA reversed a summary judgment ...

Florida First DCA finds that defendant motor vehicle carrier in personal injury lawsuit involving allegedly negligently maintained trailer properly did not have a nondelegable duty to maintain and repair trailer January 17, 2020

On December 4, 2019, in Le v. Colonial Freight Systems, et al., No. 1D18-39, the Florida First DCA affirmed a trial court’s final judgment in a personal injury lawsuit ...

Florida First DCA rules that whether defendant driver in motor vehicle negligence case was an independent contractor rather than an employee of codefendant company was issue for jury not subject to summary judgment December 04, 2019

On November 22, 2019, in Blue v. Weinert et al, No. 1D18-4306, the Florida First DCA reversed a summary judgment entered by the trial court ...

Florida Fifth DCA rules in motor vehicle negligence case that evidence of a sudden stop by the plaintiff, without more, did not rebut presumption of negligence by the rear driver in a rear-end collision December 04, 2019

On November 15, 2019, in Fonger v. Nall, No. 5D17-2927, the Florida Fifth DCA reversed a trial court’s directed verdict for the defendant ...

Florida Second DCA rules that where plaintiff’s attorney made “offer” to have defendant tender $10,000 insurance liability limits, defendant’s unsuccessful attempt to deliver check at night to closed law office was qualifying tender and created binding settlement. December 04, 2019

On November 15, 2019, in Lee v. Chmielewski, No. 2D17-4275, the Florida Second DCA reversed a trial court ruling that denied the summary judgment motion ...

Florida First DCA rules that liability release executed by plaintiffs in motor vehicle negligence was unenforceable because plaintiffs materially changed terms of defendant’s proposed release November 26, 2019

On October 23, 2019, in Basner v. Bergdoll, No. 1D19-562, the Florida First DCA reversed a trial court’s summary judgment in favor of two defendants ...

Florida Fifth DCA affirms in part trial court order granting new trial after defense verdict denied plaintiff recovery of the past medical expenses for treatment of her injuries November 25, 2019

On October 4, 2019, in Hummel v. Taft, No. 5D18-459, the Florida Fifth DCA affirmed in part and reversed in part an order by the trial court ...

Florida First DCA affirms directed verdict for plaintiff on issue of permanency in motor vehicle negligence case; finds that jury is not free to ignore undisputed expert evidence as to permanency August 8, 2019

On July 15, 2019, in Chappell v. Clark , No. 1S17-1806, the Florida First DCA affirmed a trial court ruling in a motor vehicle negligence case which granted the plaintiff’s motion for a directed ...

Florida Fourth DCA rules that insufficient evidence of aggravation of preexisting condition was presented at motor vehicle negligence trial to allow for jury instruction on issue July 19, 2018

On June 6, 2018, in Sanchez v. Martin , No. 4D17-1731, the Florida Fourth DCA reversed a judgment in favor of the plaintiff in a motor vehicle negligence case, concluding that the trial court erred in ...

Florida Fourth DCA affirms trial court's enforcement of settlement agreement between parties, concludes that disputed language of release did not prevent meeting of the minds March 5, 2018

On February 28, 2018, in Tovar v. Russell , No. 4D17-1055, the Florida Fourth DCA affirmed a trial court order enforcing a settlement agreement between the parties in a motor vehicle negligence case ...

Florida Fifth DCA reverses trial court denial of motion for additur or new trial as to non-economic damages after jury returned inadequate award in motor vehicle negligence case January 11, 2018

On January 5, 2018, in Gustavsson v. Holder , No. 5D16-1442, the Florida Fifth DCA ruled that a trial court had abused its discretion by declining to grant a motion for additur or new trial on the ...

Florida Fifth DCA rules that trial court erred in directing verdict for plaintiff on issue of permanency in motor vehicle negligence case involving conflicting evidence on issue January 8, 2018

On December 22, 2017, in 21 st Century Centennial Insurance v. Thynge , No. 5D16-1575, the Florida Fifth DCA reversed a trial court’s directed verdict for the plaintiff on the issue of the permanency ...

Florida Fifth DCA affirms jury award in motor vehicle negligence case as to future medical expenses, but reverses award of loss of earning capacity as speculative January 8, 2018

On December 22, 2017, in Vickers v. Thomas , No. 5D15-3610, the Florida Fifth DCA affirmed a jury award in motor vehicle negligence case regarding the jury’s determination of future medical ...

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