Personal Injury and Medical Malpractice Blog

In the case of Mario Larrigui-Negron v. AHCA, Case Number 1D18-1172 (Fla. 1st DCA October 11, 2019) Florida’s First DCA held that the ALJ could not reject uncontradicted evidence that a Medicaid lien should be reduced without identifying a reasonable basis in the evidence to...

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...

In the case of Mastec North America, Inc. and Robert W. Dumas v. Kathleen Morakis, as guardian of Manual Perez Garcia, Case Number 4D18-1321 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA held that an accident reconstruction expert’s opinion that an impaired...

In the case of Maureen Stoyka v. Mary Grecz, Michael Grecz, The Tides at Bridgeside Square Condominium, and Dag M. Hansson, Case Number 4D19-1607 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA reiterated that a defendant’s medical records in a personal injury case...

Florida’s new law banning the use of cell phones in school zones and construction zones goes into effect October 1, 2019. Section 316.306, Fla. Stat. sets out new ways for law enforcement to enforce the “Florida Ban on Texting While Driving Law” found in section...

In the case of Jayann Contardi as next friend of B.C. v. Fun Town, LLC, Cases Number 5D18-3518 (Fla. 5th DCA September 27, 2019), Florida’s Fifth DCA upheld a summary judgment in favor of a skating rink stating that uneven floors alone are an open and obvious danger where...

In the case of Harold Krueger v. Quest Diagnostics, Inc., et al, Case Number 2D18-3823 (Fla. 2d DCA September 13, 2019), Florida’s Second DCA held that building code violations may be considered by the jury as evidence of negligence and that there is not a distinction between...

In the case of Jose Raul Angeles-Delgado and Jessica Carillo v. Julio Costa Benitez, Case Number 3D19-1022 (Fla. 3rd DCA September 11, 2019), Florida’s Third DCA held that financial relationships between the defendant’s experts, the defendant’s law firm, and the...

In the case of John Gray v. AHCA, Case Number 1D17-355 (Fla. 1st DCA September 3, 2019), Florida’s First DCA upheld a refusal from an ALJ to entertain a reduction larger than the statutory formula in section 409.910(f), Fla. Stat. even though the injury was very severe and...

In the case of Florida Birth-Related Neurological Injury Compensation Association v. Luis Arturo Jimenez, Case Number 3D18-1814 (Fla. 3d DCA August 28, 2019), Florida’s Third DCA held that parents who chose to reject a NICA award to pursue a lawsuit under the exceptions listed...

In the case of KT v. Royal Caribbean Cruises, LTD., the Eleventh Circuit Court of Appeals held that cruise ship operators have a duty to monitor and regulate the behaviors of their passengers, particularly where minors are involved. Facts KT was a minor. She was served...

In the case of North Broward Hospital District v. Michael Slusher, Case Number 4D19-1868 (Fla. 4th DCA August 21, 2019), Florida’s Fourth DCA held that a nurse helping a fall-risk patient in getting out of a bed must be sued in medical malpractice pursuant to Chapter 766, Fla....

In the case of the Estate of Gustavo Ramirez-Lucas v. John Hutchinson and Andrew Hutchinson, Case Number 4D18-2109 (Fla. 4th DCA August 14, 2019), Florida Fourth DCA held that a father who had executed a bill of sale to his son and removed the vehicle from his insurance policy was...

In the case of Safepoint Insurance Company v. Shanika Brown and Juanita Reid, Case Number 3D18-347 (Fla. 3rd DCA August 7, 2019), Florida’s Third DCA held that a proposal for settlement requiring the settling plaintiff to indemnify the defense for attorney fees and costs...

In the case of Timothy Patrick Collins v. Auto Partners V. LLC, d/b/a McGuire Chevrolet, Case Number 4D18-1855 (Fla. 4th DCA July 31, 2019), Florida’s Fourth DCA held that a written rental agreement is not required to apply the federal Graves Amendment in 49 U.S.C. Sec....

In the case of Manor Oaks, Inc. d/b/a Manor Oaks Nursing Home & Rehabilitation Center, v. Rosemarie Campbell, as Personal Representative of the Estate of Stanley Chanson, Case Number 4D18-3297 (Fla. 4th DCA July 31, 2019), Florida’s Fourth DCA held that a nursing home...

In the case of Leonirez Heredia v. John Beach Associates, Inc., et al., Case Number 2D18-4127 (Fla. 2d DCA July 24, 2019), Florida’s Second DCA held that there was no horizontal privity for purposes of workers compensation immunity when the general contractor is the owner of...

In the case of Specialty Hospital-Gainesville, Inc., v. Charles Barth, Case Number 1D18-511 (Fla. 1st DCA July 15, 2019), Florida’s First DCA held that the comparative fault of a subsequent tortfeasor (and the use of Fabre or “empty chair” arguments) cannot be...

According to a press release from Johns Hopkins Medicine, medical errors are considered to be the third highest cause of death in the United States. The Study Patient safety experts with Johns Hopkins examined death records over an 8-year time frame and calculated that more...

In the case of Gurin Gold, LLC, et. al v. Charles Dixon, Case number 4D18-2156 (Fla. 4th DCA 2019), Florida’s Fourth DCA excluded the opinion of a doctor who reviewed MRI’s during trial for the first time and formed new opinions, long after the expiration of expert...