Personal Injury and Medical Malpractice Blog

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Owner Required to Anticipate Potential Fall Hazards

Owner Required to Anticipate Potential Fall Hazards

Personal Injury

In the case of Tracy Greene v. Twistee Treat USA, LLC, et al, Case Number 2D18-4064 (Fla. 2d DCA September 4, 2020), Florida’s Second DCA held that a man-made depression in a parking lot was not so open and obvious that summary judgment should be granted in favor of the...

Advance Payment from UM Carrier Functions as a Setoff

Advance Payment from UM Carrier Functions as a Setoff

Car Accidents

In the case of Richard Solomon v. State Farm, Case Number 5D18-3920 (Fla. 5th DCA August 21, 2020), Florida’s Fifth DCA held that an advance payment by a UM carrier is considered a setoff. Underlying Facts Solomon sued State Farm as the uninsured motorist carrier for a...

Proposal For Settlement With Wrong Amount Not Enforced

Proposal For Settlement With Wrong Amount Not Enforced

Car Accidents

In the case of Kyle Dale v. Viktoria Schaub and State Farm Automobile Insurance Company, Case Number 4D19-900 (Fla. 4th DCA August 19, 2020), Florida’s Fourth DCA held that a mistake in the amount of a proposal for settlement with a number not consented to by the client was...

Directed Verdict For Causation of Injuries Reversed

Directed Verdict For Causation of Injuries Reversed

Car Accidents

In the case of USAA v. Robyn Rey, Case Number 2D18-5120 (Fla. 2d DCA August 5, 2020), Florida’s Second DCA held that USAA was not required to present expert testimony to rebut conflicting evidence on causation of injuries resulting in reversal of jury verdict. Outline of...

Hotel Golf Cart Owes No Duty After Rider Disembarks

Hotel Golf Cart Owes No Duty After Rider Disembarks

Personal Injury

In the case of Curtis Luckman v. Alfred Harris Wills, et al., Case Number 3D19-453 (Fla. 3rd DCA July 29, 2020), Florida’s Third DCA held that a hotel operating a complimentary golf cart had no duty after the passenger voluntarily disembarked. Facts of the Case Luckman...

Multiple UM Settlements Result In Setoff Against Jury Verdict

Multiple UM Settlements Result In Setoff Against Jury Verdict

Car Accidents

In the case of Liberty Mutual v. Jeffrey H. Wolfson, Case Numbers 4D18-3652 and 4D19-118 (Fla. 4th DCA June 24, 2020), Florida’s Fourth DCA held that there is a setoff for settlements when a plaintiff is covered by more than one UM policy. What Happened In The...

Policy Providing Bodily Injury Must Also Provide UM

Policy Providing Bodily Injury Must Also Provide UM

Car Accidents

In the case of Owners Insurance Company v. Allstate Fire and Casualty Insurance Company and James M. Horne, Jr., Case Number 2D18-2309 (Fla. June 19, 2020), Florida’s Second DCA held that a policy providing an insured with bodily injury coverage must also provide uninsured...

Insurer Not Allowed to Intervene in Underlying Case

Insurer Not Allowed to Intervene in Underlying Case

Truck Accidents

In the case of Lexington Insurance Company v. Towanna James, as Personal Representative of the Estate of Noami James, et al, Case Number 1D19-1954 (Fla. 1st DCA May 8, 2020), Florida’s First DCA held that an insurance company with the amount of damages limited by a bankruptcy...

Temporary Immunity Provided For COVID-19 Medical Care

Temporary Immunity Provided For COVID-19 Medical Care

Medical Malpractice

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by Congress and signed into law on March 27, 2020, provides temporary immunity regarding COVID-19 emergency treatment from volunteers. Volunteer Health Care Professionals Will Get Limited Immunity During...

Applying Owner Liability Caps In Florida

Applying Owner Liability Caps In Florida

Car Accidents

In the case of Brian Walker, as personal representative of the Estate of Sophie C. Walker v. GEICO Inemnity Company, Case Number 4D18-3706 (Fla. 4th DCA March 25, 2020), Florida’s Fourth DCA held that an at-fault driver with coverage under four policies had more than the...

No Claim For Losing Cremated Remains Under Impact Rule

No Claim For Losing Cremated Remains Under Impact Rule

Personal Injury

In the case of Deon Williams v. Boyd-Panciera Family Funeral Care, Inc., Case Numbers 4D19-473 and 4D19-838, Florida’s Fourth DCA held that the parents of a deceased child had no claim for emotional distress after a funeral home lost the cremated remains of their child because...

Motel Cannot Blame Third Party For Negligent Security

Motel Cannot Blame Third Party For Negligent Security

Personal Injury

In the case of The Waves of Hialeah, Inc. v. Julia Machado, et al, Case Number 3D18-300 (Fla. 3d DCA February 19, 2020), Florida’s Third DCA held that a motel could not blame a third party for negligent security without a special relationship in a premises liability claim. ...

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