Rear End Presumption For Sudden Stops At An Intersection

Rear End Presumption For Sudden Stops At An Intersection

Car Accidents

In the case of Lynn Fonger v. James Nall, Case Number 5D17-2927 (Fla. 5th DCA November 15, 2019), Florida’s Fifth DCA held that the sudden stop of an unidentified vehicle at an intersection does not rebut the rear-end presumption of negligence in Florida. Therefore, the...

Nationwide Gets Stuck Paying On Proposal For Settlement

Nationwide Gets Stuck Paying On Proposal For Settlement

Car Accidents

In the case of Sandra Davis v. Jessica Muro consolidated with Nationwide v. Jessica Muro, Case Numbers 4D18-907 and 4D18-2824 (Fla. 4th DCA November 13, 2019), Florida’s Fourth DCA held that an insurance company losing on a proposal for settlement is required to cover attorney...

Eight Vehicle Accident on I-75 November 2019

Eight Vehicle Accident on I-75 November 2019

News Events

November 13, 2019. An accident on I-75 near New Tampa Boulevard involved eight vehicles. Five injuries were reported and two deaths. This accident was reported to have begun as a 2015 Mazda 6 driven by Usman Riaz stopped in the outside lane of I-75 and a semi-truck changed...

Lake Wales Pedestrian Accident on SR60 November 2019

Lake Wales Pedestrian Accident on SR60 November 2019

News Events

November 11, 2019. Andrew Boyd passed away after being struck as a pedestrian on SR60 in Lake Wales, Florida. The Ledger reports that he was walking east on the white line approximately one mile east of Sam Keen Road when we was hit by a 2014 Dodge Outdoorsman driven by Sheri...

Polk Parkway Motorcycle Accident November 2019

Polk Parkway Motorcycle Accident November 2019

News Events

November 10, 2019. Jenna Waldrop died after her motorcycle was hit by a van at the Winter Lake Road exit of the Polk Parkway. The Ledger reported that Brianna Board was driving a 2019 Ford Transit 300 van westbound on the Polk Parkway before exiting at Winter Lake Road. The...

US-98N Truck Accident November 2019

US-98N Truck Accident November 2019

News Events

A semi-truck accident on US Highway 98N near Richland, Florida on November 4, 2019 resulted in injuries to Drivers from Lakeland, Auburndale, and Winter Haven. The collision occurred when Edward R. Holzer, II crossed the center line of the roadway with his semi-truck. His truck...

Boy Seriously Injured From Zip Line Fall At Urban Air

Boy Seriously Injured From Zip Line Fall At Urban Air

News Events

A lawsuit was filed against Urban Air Adventure Park in Lakeland, Florida arising from a serious injury suffered by a 10 year old boy injured in a fall from an indoor zip line. Other news reports indicate that the boy sustained broken ribs, a collapsed lung and a brain injury from...

Mobile Gym Is Not Considered An Uninsured Vehicle

Mobile Gym Is Not Considered An Uninsured Vehicle

Car Accidents

In the case of Natalie S. Deutsch v. GEICO General Insurance Company, Case Number 4D18-2714 (Fla. 4th DCA October 30, 2019), Florida’s Fourth DCA held that a mobile gym operated out of the back of a truck was not considered an uninsured vehicle for purposes of UM...

Scratching Out Name On Release Is A Counteroffer

Scratching Out Name On Release Is A Counteroffer

Insurance Bad Faith

In the case of Basner v. Bergdoll, Case Number 1D19-562 (Fla. 1st DCA October 23, 2019), Florida’s First DCA held that a handwritten modification to an insurance release was a counteroffer and that a settlement was not made. Facts This case arose out of a 2017 car...

Direct Punitive Liability Against A Corporation

Direct Punitive Liability Against A Corporation

Wrongful Death

In the case of Florida Power & Light Company v. Tricia Dominguez, as PR for the Estate of Justin Dominguez, Case Number 2D18-2363 (Fla. 2d DCA October 25, 2019), Florida’s Second DCA held that direct corporate liability for punitive damages requires willful or wanton...

Authenticating Google Maps Images In Florida

Authenticating Google Maps Images In Florida

Personal Injury

In the case of City of Miami v. Kho, Case Number 3D18-2369 (Fla. 3d DCA October 16, 2019), Florida’s Third DCA held that a slip and fall plaintiff did not lay a proper foundation to admit a photograph from Google Maps. Basic Facts Ms. Kho slipped and fell on a city owned...

Lack of Personal Jurisdiction Defense Waived If Not Raised

Lack of Personal Jurisdiction Defense Waived If Not Raised

Personal Injury

In the case of Myrtle Gannon v. John Cuckler, MD, et al, Case Number 2D17-4888 (Fla. 2d DCA October 16, 2019), Florida’s Second DCA held that the failure to raise lack of personal jurisdiction as a defense in either by motion or in the answer to the lawsuit results in waiver...

Winter Haven Car Accident US17 October 2019

Winter Haven Car Accident US17 October 2019

News Events

A car accident in Winter Haven on US17 at the intersection with Avenue C, SW was reported in The Ledger on October 16, 2019. The accident happened when a Honda Civic ran a red light and hit a county-owned vehicle. These vehicles spun after the collision and then struck another...

Truck Accident CR559 Auburndale October 2019

Truck Accident CR559 Auburndale October 2019

News Events

A semi-truck accident on Interstate-4 near CR559 in Auburndale, Florida on October 9, 2019 caused massive backups and traffic problems. The accident took several hours to clean up and allow traffic to flow again. This photograph shows the semi-truck on its side at the scene of the...

Frostproof Motorcycle Accident October 2019

Frostproof Motorcycle Accident October 2019

News Events

A fatality was reported in The Ledger following a motorcycle accident in Frostproof, Florida on US98. The report indicates that Michael Pisciotta was riding one of three motorcycles involved in the crash and passed away from injuries sustained. The accident was reported to have...

Amendment Relates Back Even If New Element Is Added

Amendment Relates Back Even If New Element Is Added

Personal Injury

In the case of Kelly Mitchell v. Applebee’s Services, Inc., Case Number 1D18-2555 (Fla. 1st DCA October 1, 2019), Florida’s First DCA held that an amendment after the expiration of the statute of limitations that introduces a new element to the same cause of action...

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