Personal Injury and Medical Malpractice Blog

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UM Motorcycle Exclusion Held To Be Ambiguous

UM Motorcycle Exclusion Held To Be Ambiguous

Motorcycle Accidents

In the case of Jesse Anthony Eckols v. 21st Century Centennial Insurance Company, Case Number 5D17-2904 (Fla. 5th DCA December 7, 2018), Florida’s Fifth DCA held that the UIM exclusion while riding a motorcycle in the plaintiff’s automobile policy was ambiguous and,...

Stacking Of Inferences Is Generally Not Allowed Under Florida Law

Stacking Of Inferences Is Generally Not Allowed Under Florida Law

Car Accidents

In the case of State Farm Mutual Automobile Insurance Company v. Denise Lorraine Hanania, Case Number 1D17-2237 (Fla. 1st DCA December 10, 2018), Florida’s First DCA refused to allow State Farm to defend an uninsured motorist claim with ridiculous arguments. In this case, a...

Joint and Several Liability Not Substantive Right In Florida

Joint and Several Liability Not Substantive Right In Florida

Personal Injury

in the case of Brown & Brown, Inc. v. James T. Gelsomino and Ace American Insurance Company, Case Number 4D17-3737 (Fla. 4th DCA November 28, 2018), Florida’s Fourth DCA held that a right to have a case outcome determined by the joint and several liability scheme in...

Procedure When Defendant To Florida Personal Injury Lawsuit Dies

Procedure When Defendant To Florida Personal Injury Lawsuit Dies

Personal Injury

In the case of Sandra Mattick v. Ernie Lisch, Case Number 2D17-3645 (Fla. 2d DCA November 2, 2018), Florida’s Second DCA reversed a dismissal for failure to substitute a deceased party and outlined the proper procedure for what should be done when the defendant to a personal...

Florida Supreme Court Disagrees With Using Daubert Standard

Florida Supreme Court Disagrees With Using Daubert Standard

Personal Injury

In the case of Richard Delisle v. Crane Co., Case Number SC16-2182 (Fla. October 15, 2018), the Florida Supreme Court announced its disapproval of the Daubert standard as an unconstitutional infringement on the Court’s rule making authority.  The Court had previously...

Additur When Jury Finds That Permanent Injury Exists

Additur When Jury Finds That Permanent Injury Exists

Car Accidents

In the case of Ashley Pogue v. Jennifer Garib, Case Number 4D17-2638 (Fla. 4th DCA October 3, 2018), Florida’s Fourth DCA reversed a $20,000 additur for pain and suffering added by the judge after a jury awarded zero dollars in pain and suffering despite finding that the...

Jury Should Hear Causation Issues In Neck Injury Case

Jury Should Hear Causation Issues In Neck Injury Case

Car Accidents

In the case of State Farm Mutual Automobile Insurance Company v. Joseph V. Ferranti, Case Numbers 5D16-3980 and 5D17-756 (Fla. 5th DCA September 28, 2018), Florida’s Fifth DCA held that summary judgment for causation issues in a car accident case is not appropriate. Facts Of...

Knowing Rejection Of UM On GEICO Policy

Knowing Rejection Of UM On GEICO Policy

Car Accidents

In the case of GEICO Indemnity Company v. Ricardo Perez, Case Numbers 3D17-2317, 2407, and 2514 (Fla. 3rd DCA September 20, 2018), Florida’s Third DCA held that a $1.7 million jury verdict in a UM case needed retrial on the issue of whether the insured’s rejection of UM...

Denied Recorded Statement From Insured Was Considered Bad Faith

Denied Recorded Statement From Insured Was Considered Bad Faith

Insurance Bad Faith

In the case of Suzanne Harvey v. GEICO General Insurance Company, Case Number SC17-85 (Fla. September 20, 2018) the Florida Supreme Court held that GEICO’s failure to comply with a request to take a statement of the insured was bad faith. The Underlying Liability Case In 2006,...

Prejudice Required To Dismiss For Pre-Suit Violation

Prejudice Required To Dismiss For Pre-Suit Violation

Medical Malpractice

In the case of Tuyuana Morris v. Orlando Muniz, M.D., Case Number SC16-931 (Fla. September 6, 2018), the Florida Supreme Court held a finding of prejudice is required in order for a trial judge to dismiss a medical malpractice action for an alleged Chapter 766 pre-suit...

Area Not Designated For Walking Cannot Be Dangerous

Area Not Designated For Walking Cannot Be Dangerous

Personal Injury

In the case of Trugreen Landcare, LLC v. Charles Lacapra, Case Number 5D17-1594 (Fla. 5th DCA August 31, 2018), Florida’s Fifth DCA held that a palm tree planter in the parking lot of a movie theater where the plaintiff was cutting through was not dangerous as a matter of law...

Failure To File A Privilege Log Does Not Waive All Privileges

Failure To File A Privilege Log Does Not Waive All Privileges

Personal Injury

In the case of GKK v. Petronila Cruz, Case Number 3D18-560 (Fla. 3rd DCA July 5, 2018), Florida’s Third DCA held that the failure of a party to file a privilege log does not waive categorical privileges (i.e. work-product and attorney-client privileges).  This case arose...

Proposal For Settlement Missing Signature

Proposal For Settlement Missing Signature

Car Accidents

In the case of Alberto Valle v. Scott Flory, Case Number 2D16-2848 (Fla. 2d DCA August 15, 2018), a proposal for settlement that was missing an attorney’s signature in the certificate of service was held to be valid. Background Facts Mr. Valle sued Mr. Flory (of course there is...

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