Personal Injury and Medical Malpractice Blog

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No Setoff For UM Bad Faith Settlement

No Setoff For UM Bad Faith Settlement

Car Accidents

In the case of Alberta Ellison v. Randy Willoughby, Case Number 2D19-1961 (Fla. 2d DCA June 11, 2021), Florida’s Second DCA held that a tortfeasor does not get a setoff for bad faith on the part of the injured person’s insurance company. Facts of the...

Breach For Failure To Pay Settlement Timely

Breach For Failure To Pay Settlement Timely

Personal Injury

In the case of Michael Anthony Mortellaro, as PR for the Estate of Gloria C. Cooper, v. Caribe Health Center, Inc., Case Number 2D19-4473 (Fla. 2d DCA May 26, 2021), Florida’s Second DCA held that failure to pay a settlement agreement on time resulted in a material breach and...

Available for Regular Use In GEICO Policy

Available for Regular Use In GEICO Policy

Car Accidents

In the case of GEICO Indemnity Company v. Brian Walker, et al, Case Number 4D20-764 (Fla. 4th DCA May 12, 2021), Florida’s Fourth DCA held that a vehicle to which the driver had been given open permission without restriction to use was not covered because it was...

“Same or Similar” Coverage Escape Clause

“Same or Similar” Coverage Escape Clause

Car Accidents

In the case of Estate of Walls v. Southern Owners, Case Number 1D20-1422, Fla. 1st DCA (March 31, 2021), Florida’s First DCA held that an escape clause in a not-for-profit’s corporate policy meant that no automobile liability coverage is provided under the...

Only One Policy Limit for Mid-Air Collision

Only One Policy Limit for Mid-Air Collision

Aviation Accident

In the case of Perry Hodges, Jr., et. al v. Aurora Cecelia Scarpati Ripalda, et. al, (Fla. 4th DCA March 24, 2021), Florida’s Fourth DCA held that a mid-air collision was a single occurrence and that only one policy limit applied to the aviation accident at the flight...

Jury Instruction On One Accident or Two Separate Accidents

Jury Instruction On One Accident or Two Separate Accidents

Car Accidents

In the case of Flania Belt v. USAA Casualty Insurance Company, Case Number 4D20-339 (Fla. 4th DCA March 10, 2021), Florida’s Fourth DCA held that it was not error for the trial judge to instruct the jury that multiple impacts can constitute one accident if there is one...

Inconsistent Testimony Does Not Necessarily Amount to Fraud

Inconsistent Testimony Does Not Necessarily Amount to Fraud

Car Accidents

In the case of Jean Carlos Salazar v. Miguel Rogelio Gomez, Case Number 3D19-1448 (Fla. 3rd DCA February 17, 2021), Florida’s Third DCA reinstated a verdict for the plaintiff after it had been set aside after a trial based on an inconsistent statement made by the...

2021 Changes to Fla R. Civ. P. 1.510

2021 Changes to Fla R. Civ. P. 1.510

Personal Injury

In SC20-1490 (December 31, 2020), the Florida Supreme Court amended the Florida Rules of Civil Procedure 1.510 to make it easier for judges to decide issues at a summary judgment hearing rather than a jury trial. The Old Rule v. The New Rule Fla. R. Civ. P. 1.510(c) (prior to...

Error to Award Past Medical Expenses Without Pain and Suffering

Error to Award Past Medical Expenses Without Pain and Suffering

Personal Injury

In the case of Gloria Cabrera v. Wal-Mart Stores East, LP, Case Number 3D19-2301 (Fla. 3rd DCA December 16, 2020), Florida’s Third DCA held that it was error for a jury to award damages for past medical expenses but nothing for pain and suffering. Facts And Injury Ms....

Class Action Against GEICO for UM Not Certified

Class Action Against GEICO for UM Not Certified

Car Accidents

In the case of Coccaro v. GEICO (Case Number 4D19-3665) and Brown-Peterkin v. Williamson (4D19-2950)(November 12, 2020), Florida’s Fourth DCA did not certify that a class action case against GEICO for electronic UM rejections that do not comply with Florida law. Importance...

Jury Question Over Control In Dominos Pizza Accident

Jury Question Over Control In Dominos Pizza Accident

Car Accidents

In the case of Dominos Pizza, LLC v. Yvonne Wiederhold, as PR for the Estate of Richard Wiederhold, Case Number 5D19-2343 (Fla. 5th DCA October 23, 2020), Florida’s Fifth DCA affirmed the use of an “agency” jury instruction as it relates to the...

Liability Standard For Defects In Complex Medical Devices

Liability Standard For Defects In Complex Medical Devices

Medical Malpractice

In the case of Cavanaugh v. Stryker Corporation, Case Number 4D19-523 (Fla. 4th DCA October 7, 2020), Florida’s Fourth DCA held that complex medical devices are subject to a “risk utility test” as opposed to a “consumer expectations test” for product...

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...

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