Personal Injury and Medical Malpractice Blog

In the case of Daniel Kellenberger v. Wal-Mart Stores East, LP, Case Number 1D21-2368 (Fla. 1st DCA November 30, 2022), Florida’s First DCA affirmed the extensive cross-examination of the plaintiff regarding discovery violations before trial. However, Justice Jay wrote a...

In the case of Arthur Sager v. Madalina Blanco and Ricardo F. Blanco, Case Number 3D20-1194 (Fla. 3rd DCA October 12, 2022), Florida’s Third DCA held that an injured party is not precluded from pursuing vicarious liability when the vehicle involved has been weaponized by...

In the case of Jane v. Beef O’Brady’s of DeFuniak Springs, LLC and City of DeFuniak Springs, Case Number 1D21-623 (Fla. 1st DCA September 14, 2022), Florida’s First DCA held that the undertakings doctrine could apply to a wrongful death claim when one restaurant...

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...

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...

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...

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...

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...

In the case of Ronnie Rondell v. Daniel Romano, et al, Case Number 2D20-2840 (Fla. 2d DCA January 5, 2022), Florida’s Second DCA held that a car wrecked before its actual sale to a new potential owner did not implicate the new owner under the dangerous instrumentality...

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...

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...

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...

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...

In the case of Samantha Elaine Tsuji v. H. Bart Fleet, Case Number 1D20-901 (Fla. 1st DCA August 4, 2021), Florida’s First DCA held that sections 733.702(5) and 733.710(1) of Florida’s Probate Code barred claims brought after more than 2 years after the...

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...

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...

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...

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...

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...

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...