Personal Injury and Medical Malpractice Blog

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Overcharging For Medical Records When Request Comes From A Lawyer

Overcharging For Medical Records When Request Comes From A Lawyer

Personal Injury

In the case of Patricia Webber v. Bactes Imaging Solutions, Inc. n/k/a Sharecare Health Data Services, LLC, Case Numbers 2D18-2964 and 2D18-4813 (Fla. 2d DCA January 15, 2020), Florida’s Second DCA held that overcharging for patient records just because the request for records...

Summary Judgment on Statute of Limitations for Medical Malpractice

Summary Judgment on Statute of Limitations for Medical Malpractice

Medical Malpractice

In the case of Misty Mobley and Tavaris Sanders v. Homestead Hospital, Inc., Case Number 3D18-895 (Fla. 3rd DCA December 26, 2019), Florida’s Third DCA held that contacting an attorney and requesting medical records pursuant to section 766.204, Fla. Stat. is not sufficient to...

Florida Medical Malpractice Arbitration Caps Upheld

Florida Medical Malpractice Arbitration Caps Upheld

Medical Malpractice

In the case of Taylor Poole, MD v. Deborah DeFranko, et al., Case Number 3D18-1809 (Fla. 3rd DCA December 18, 2019), Florida’s Third DCA held that Florida’s damage caps in medical malpractice arbitration and the sanction for failing to accept arbitration are...

Per Person Bodily Injury Limit in Wrongful Death Cases

Per Person Bodily Injury Limit in Wrongful Death Cases

Wrongful Death

In the case of Auto Club Insurance Company of Florida v. Estate of Normal Lewis and Billie Jarrard, Case Number 5D18-3439 (December 13, 2019), Florida’s Fifth DCA held that the per person bodily injury liability limit of a Florida automobile policy only applied to the deceased...

Trailer Maintenance Is Not A Non-Delegable Duty

Trailer Maintenance Is Not A Non-Delegable Duty

Truck Accidents

In the case of Tuong Vi Le v. Colonial Freight Systems, Inc., Case Number 1D18-39 (Fla. 1st DCA December 4, 2019), Florida’s First DCA held that a semi-trailer owner is not responsible under a theory of non-delegable duty for negligent maintenance of the trailer. Instead, the...

Rear End Presumption For Sudden Stops At An Intersection

Rear End Presumption For Sudden Stops At An Intersection

Car Accidents

In the case of Lynn Fonger v. James Nall, Case Number 5D17-2927 (Fla. 5th DCA November 15, 2019), Florida’s Fifth DCA held that the sudden stop of an unidentified vehicle at an intersection does not rebut the rear-end presumption of negligence in Florida. Therefore, the...

Nationwide Gets Stuck Paying On Proposal For Settlement

Nationwide Gets Stuck Paying On Proposal For Settlement

Car Accidents

In the case of Sandra Davis v. Jessica Muro consolidated with Nationwide v. Jessica Muro, Case Numbers 4D18-907 and 4D18-2824 (Fla. 4th DCA November 13, 2019), Florida’s Fourth DCA held that an insurance company losing on a proposal for settlement is required to cover attorney...

Mobile Gym Is Not Considered An Uninsured Vehicle

Mobile Gym Is Not Considered An Uninsured Vehicle

Car Accidents

In the case of Natalie S. Deutsch v. GEICO General Insurance Company, Case Number 4D18-2714 (Fla. 4th DCA October 30, 2019), Florida’s Fourth DCA held that a mobile gym operated out of the back of a truck was not considered an uninsured vehicle for purposes of UM...

Scratching Out Name On Release Is A Counteroffer

Scratching Out Name On Release Is A Counteroffer

Insurance Bad Faith

In the case of Basner v. Bergdoll, Case Number 1D19-562 (Fla. 1st DCA October 23, 2019), Florida’s First DCA held that a handwritten modification to an insurance release was a counteroffer and that a settlement was not made. Facts This case arose out of a 2017 car...

Direct Punitive Liability Against A Corporation

Direct Punitive Liability Against A Corporation

Wrongful Death

In the case of Florida Power & Light Company v. Tricia Dominguez, as PR for the Estate of Justin Dominguez, Case Number 2D18-2363 (Fla. 2d DCA October 25, 2019), Florida’s Second DCA held that direct corporate liability for punitive damages requires willful or wanton...

Authenticating Google Maps Images In Florida

Authenticating Google Maps Images In Florida

Personal Injury

In the case of City of Miami v. Kho, Case Number 3D18-2369 (Fla. 3d DCA October 16, 2019), Florida’s Third DCA held that a slip and fall plaintiff did not lay a proper foundation to admit a photograph from Google Maps. Basic Facts Ms. Kho slipped and fell on a city owned...

Lack of Personal Jurisdiction Defense Waived If Not Raised

Lack of Personal Jurisdiction Defense Waived If Not Raised

Personal Injury

In the case of Myrtle Gannon v. John Cuckler, MD, et al, Case Number 2D17-4888 (Fla. 2d DCA October 16, 2019), Florida’s Second DCA held that the failure to raise lack of personal jurisdiction as a defense in either by motion or in the answer to the lawsuit results in waiver...

Amendment Relates Back Even If New Element Is Added

Amendment Relates Back Even If New Element Is Added

Personal Injury

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...

Pure Opinion Testimony On Liability Not Allowed Under Daubert

Pure Opinion Testimony On Liability Not Allowed Under Daubert

Car Accidents

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...

Defendant’s Medical Records Generally Not Discoverable

Defendant’s Medical Records Generally Not Discoverable

Personal Injury

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...

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