Personal Injury and Medical Malpractice Blog

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Trial By Ambush Not Allowed

Trial By Ambush Not Allowed

Personal Injury

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...

Slip And Fall Liability Requires Element Of Time

Slip And Fall Liability Requires Element Of Time

Personal Injury

In the case of Blanca De Cardenas Velazco v. President Supermarket No. 23, Inc., etc., Case Number 3D18-1115 (Fla. 3rd DCA July 10, 2019), Florida’s Third DCA issued a per curiam opinion reminding the parties that a slip and fall accident at a store requires some proof that a...

Amazon Held Responsible For Product Liability Claims

Amazon Held Responsible For Product Liability Claims

Product Liability

In the case of Heather Oberdorf v. Amazon.com, Inc., the 3rd Circuit Court of Appeals in Philadelphia, PA held that Amazon can be held liable for third party product liability claims when it functions as a “marketplace for third-party products.” The Underlying...

Passenger Denied UM Coverage While Occupying A Rental Vehicle

Passenger Denied UM Coverage While Occupying A Rental Vehicle

Car Accidents

In the case of Progressive American Insurance Company v. Nancy N. Pawelczyk, Case Number 2D18-1651 (Fla. 2d DCA May 15, 2019), Florida’s Second DCA held that a passenger in a rental vehicle was not insured for UM benefits because a temporary substitute auto was not considered...

Pre-Injury Release For Gym Membership Fails

Pre-Injury Release For Gym Membership Fails

Personal Injury

In the case of Lazaro Fresnedo v. Porky’s Gym III, Inc., Case Number 3D17-1126 (Fla. 3rd DCA April 24, 2019), Florida’s Third DCA held that the pre-injury waiver and release form was not “clear and unequivocal” and was, therefore, void. Underlying...

Florida’s Accident Report Privilege Is Not A True Privilege

Florida’s Accident Report Privilege Is Not A True Privilege

Car Accidents

In the case of Steven Paul Anderson v. Mary Mitchell, Case Number 2D18-2864 (Fla. 2d DCA April 5, 2019), Florida’s Second DCA held that Florida’s so-called “accident report privilege” is not a true privilege to prevent disclosure but is instead just a bar on...

Summary Judgment On Liability Reversed

Summary Judgment On Liability Reversed

Personal Injury

In the case of Gomez v. Wal-Mart Stores East, LP, Case Number 4D18-178 (Fla. 4th DCA March 20, 2019), Florida’s Fourth DCA reversed a summary judgment in favor of Walmart on liability for a manhole cover that was protruding by more than 1/4 inch in Walmart’s parking...

Lawyers Cannot Imply That Driver Was Not Issued A Citation

Lawyers Cannot Imply That Driver Was Not Issued A Citation

Car Accidents

In the case of Ashley Rierson v. David Deveau, Case Number 3D18-0246 (Fla. 3rd DCA March 20, 2019), Florida’s Third DCA held that it was reversible error for lawyers to imply during closing argument that no traffic citation had been issued. Facts At Issue Rierson...

Consortium Claims Often Cannot Be Separated From The Injury Claim

Consortium Claims Often Cannot Be Separated From The Injury Claim

Personal Injury

In the case of Jessica Conti v. James Auchter and Ashlee Auchter, Case Number 5D18-696 (Fla. 5th DCA March 15, 2019), Florida’s Fifth DCA held that losing on a proposal for settlement for the wife’s consortium claim results in a sanction for attorney fees and costs for...

Tender Of UM Benefits Must Occur Within 60-Day Window After CRN

Tender Of UM Benefits Must Occur Within 60-Day Window After CRN

Car Accidents

In the case of Serenity Harper v. GEICO General Insurance Company, Case Number 2D17-4987 (Fla. 2nd DCA March 1, 2019), Florida’s Second DCA held that the 60-day time (see section 624.155, Fla. Stat.) to cure an insurer violation runs from the date of electronic submission of...

Attorney Referral Fee That Did Not Comply With Rule Was Void

Attorney Referral Fee That Did Not Comply With Rule Was Void

Personal Injury

In the case of Steven B. Katz et al. v. Frank, Weinberg & Black, PL, Case Number 4D18-1215 (Fla. 4th DCA January 30, 2019), a noncompliant agreement for approximately $500,000 in referral fees on a contingency fee case was considered void under Florida because the attorneys did...

Pre-Suit Affidavit From Same Medical Specialty Required

Pre-Suit Affidavit From Same Medical Specialty Required

Medical Malpractice

In the case of Michelle Davis as personal representative of the Estate of Sandra Dale Essex v. Michael A. Karr, M.D., et al, Case Number 5D18-149 (Fla. 5th DCA January 25, 2019), Florida’s Fifth DCA held that pre-suit affidavits from an emergency room physician, a radiologist,...

Insurance Companies Try To Sue Their Own Attorneys

Insurance Companies Try To Sue Their Own Attorneys

Personal Injury

In the case of Arch Insurance Company, v. Kubicki Draper, LLP, Case Number 4D17-2889 (Fla. 4th DCA January 23, 2019), the insurance company sought to hold the law firm it hired to defend its insured responsible for malpractice after the insurance company was “forced” to...

Personal Representative Has Right To Challenge Medicaid Lien

Personal Representative Has Right To Challenge Medicaid Lien

Car Accidents

In the case of Ammar Al Batha v. Agency For Health Care Administration, Case Number 1D17-828 (Fla. 1st DCA January 14, 2019), Florida’s First DCA held that the estate of a Medicaid recipient has standing to challenge Medicaid’s lien rights after the death of the...

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