Personal Injury and Medical Malpractice Blog

In the case of Liberty Mutual v. Jeffrey H. Wolfson, Case Numbers 4D18-3652 and 4D19-118 (Fla. 4th DCA June 24, 2020), Florida’s Fourth DCA held that there is a setoff for settlements when a plaintiff is covered by more than one UM policy. What Happened In The...

In the case of Owners Insurance Company v. Allstate Fire and Casualty Insurance Company and James M. Horne, Jr., Case Number 2D18-2309 (Fla. June 19, 2020), Florida’s Second DCA held that a policy providing an insured with bodily injury coverage must also provide uninsured...

In the case of Rockledge HMA, LLC, et al., v. Michael S. Lawley, et al., Case Numbers 5D19-1223, 5D19-1919, 5D19-1225, and 5D19-1957, (Fla. 5th DCA May 29, 2020), Florida’s Fifth DCA held that an accusation against a hospital for failing to complete medically necessary...

In the case of Lexington Insurance Company v. Towanna James, as Personal Representative of the Estate of Noami James, et al, Case Number 1D19-1954 (Fla. 1st DCA May 8, 2020), Florida’s First DCA held that an insurance company with the amount of damages limited by a bankruptcy...

In the case of Kyle Lambert v. Bruce Emerson, Cases 2D18-1872 and 2D18-4103 (Fla. 2d DCA April 1, 2020), Florida’s Second DCA held that the dangerous instrumentality doctrine did not create vicarious liability for a family member who was a bailee of a vehicle and was then...

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by Congress and signed into law on March 27, 2020, provides temporary immunity regarding COVID-19 emergency treatment from volunteers. Subsequently in March 2021, the Florida Legislature passed sweeping...

In the case of Brian Walker, as personal representative of the Estate of Sophie C. Walker v. GEICO Inemnity Company, Case Number 4D18-3706 (Fla. 4th DCA March 25, 2020), Florida’s Fourth DCA held that an at-fault driver with coverage under four policies had more than the...

In the case of Deon Williams v. Boyd-Panciera Family Funeral Care, Inc., Case Numbers 4D19-473 and 4D19-838, Florida’s Fourth DCA held that the parents of a deceased child had no claim for emotional distress after a funeral home lost the cremated remains of their child because...

In the case of The Waves of Hialeah, Inc. v. Julia Machado, et al, Case Number 3D18-300 (Fla. 3d DCA February 19, 2020), Florida’s Third DCA held that a motel could not blame a third party for negligent security without a special relationship in a premises liability claim. ...

In the case of Joan Sturgill v. Jose Lucas et al, Case Number 2D18-2227 (Fla. 2d DCA February 5, 2020), Florida’s Second DCA reversed a summary judgment on liability finding that there was no duty to have trailer brakes. Facts Ms. Sturgill was waiting with her...

In the case of World Finance Group, LLC, v. Progressive Select Insurance Company, Case Number 3D18-1854 (Fla. 3rd DCA January 15, 2020), Florida’s Third DCA held that Progressive breached its policy under the “Loss Payable Clause” by failing to pay the lienholder...

In the case of Jerry Desvarieux v. Bridgestone Retail Operations, LLC, Case Number 3D17-2109 (Fla. 3rd DCA January 22, 2020), Florida’s Third DCA reversed a summary judgment in favor a Tires Plus Total Car Care and allowed the plaintiff to present evidence that he paid cash...

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...

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...

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...

In the case of David Howell and N.H. v. William Balchunas, MD, et al, Case Number 1D19-288 (Fla. 1st DCA December 17, 2019), Florida’s First DCA held that language in a pre-suit affidavit alleging that a radiology error “could have led,” “potentially leading...

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...

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...

In the case of H. Greg Lee, personal representative of the estate of Raymond Consul, v. Mark Chmielewski, as guardian of Matthew Martin, Case Number 2D17-4275 (Fla. 2d DCA November 15, 2019), Florida’s Second DCA held that GEICO was not required to accept an offer of...

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...