Personal Injury and Medical Malpractice Blog

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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...

Florida Enforces New Handheld Device Law Starting October 2019

Florida Enforces New Handheld Device Law Starting October 2019

Car Accidents

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...

No Liability For Uneven Floor Levels

No Liability For Uneven Floor Levels

Personal Injury

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...

Johns Hopkins Study Evaluates Medical Errors

Johns Hopkins Study Evaluates Medical Errors

Medical Malpractice

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...

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