Personal Injury and Medical Malpractice Blog

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Fraudulent Transfers After A Car Accident

Fraudulent Transfers After A Car Accident

Car Accidents

In the case of Rose Renda v. Joseph Price, Case Number 4D21-534 (Fla. 4th DCA July 27, 2022), Florida’s Fourth DCA held that using fraudulent funds to obtain a homestead for the purpose of defeating a judgment creditor results in an equitable lien on the homestead subject to...

General Testimony And The Attorney Client Privilege

General Testimony And The Attorney Client Privilege

Car Accidents

In the case of Papa John’s USA, Inc. and Lorena Gonzalez v. Paula Moore, Case Number 5D22-716 (Fla. 5th DCA July 15, 2022), Florida’s Fifth DCA reiterated that general testimony does not waive the attorney-client privilege. Instead, a waiver of attorney-client privilege...

Duty To Warn Of Shallow Pool Design

Duty To Warn Of Shallow Pool Design

Personal Injury

In the case of Aldo Gabriel Amenta Pozanco v. FJB 6501, Inc., Case Number 3D20-1734 (Fla. 3d DCA June 1, 2022), Florida’s First DCA reversed a summary judgment in favor of the defendant homeowner concluding that the owner had no duty to warn of a dangerous condition because...

Marrying Into A Wrongful Death Claim

Marrying Into A Wrongful Death Claim

Wrongful Death

In the case of Jennifer Ripple v. CBS Corporation, Case Number 4D20-1939 (Fla. 4th DCA March 30, 2022), Florida’s Fourth DCA held that a plaintiff who married the decedent after exposure to asbestos was barred from damages as the surviving spouse and certified a conflict with...

Release of Employee Also Released Employer

Release of Employee Also Released Employer

Car Accidents

In the case of Patrick Campbell v. Harper’s Air Inc., Case Number 3D21-0750 (Fla. 3d DCA January 19, 2022), Florida’s Third DCA held that a release of the driver that includes a release for “employers” also releases the employer at the time of the accident...

Coverage for Mobile Crane Limited

Coverage for Mobile Crane Limited

Personal Injury

In the case of People’s Trust Insurance Company v. Progressive Express Insurance Company, Case Number 3D19-1952 (Fla. 3rd DCA December 8, 2021), Florida’s Third DCA held that a mobile crane used to lift a shed was not covered under an automobile insurance policy while...

Plaintiff Referrals Are Not Discoverable

Plaintiff Referrals Are Not Discoverable

Personal Injury

In the cases of Brent Dodgen v. Kaitlyn Grijalva, Case Number SC19-1118 (Fla. October 14, 2021) and Steven Younkin v. Nathan Blackwelder, Case Number SC19-385 (Fla. October 14, 2021), the Florida Supreme Court upheld the Worley decision and held that the financial relationship...

Defendant’s Death Does Not Make A Legal Nullity

Defendant’s Death Does Not Make A Legal Nullity

Car Accidents

In the case of Linda Friedel v. Elizabeth Edwards, Case Number 2D20-2233 (Fla. 2d DCA September 29, 2021), Florida’s Second DCA held that a lawsuit against the defendant was not a legal nullity where the defendant passed away shortly before the lawsuit was filed. Relevant...

Proposal for Settlement Taxable Costs Calculation

Proposal for Settlement Taxable Costs Calculation

Personal Injury

In the case of Estate of Sweeney v. Gloria Washington, Case Numbers 2D20-1848 and 2D20-2520 (Fla. 2d DCA September 3, 2021), Florida’s Second DCA held that calculations for the “net judgment” on a proposal for settlement only includes costs that would have been...

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....

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