Personal Injury and Medical Malpractice Blog

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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...

Evidentiary Hearing Required To Dismiss For MM Pre-Suit Violation

Evidentiary Hearing Required To Dismiss For MM Pre-Suit Violation

Medical Malpractice

In the case of Osceola Regional Hospital v. Calzada, Case Number 5D17-4097 (Fla. 5th DCA July 6, 2018), Florida’s Fifth DCA reminded medical malpractice litigants that judges are required to hold an evidentiary hearing and make evidentiary findings in cases involving an alleged...

Florida Medicaid Liens For Past Medical Expenses

Florida Medicaid Liens For Past Medical Expenses

Personal Injury

In the case of Giraldo v. Agency For Health Care Administration, Case Number SC17-297 (Fla. July 5, 2018), the Florida Supreme Court held that federal law limits the lien rights that AHCA (Florida Medicaid) can claim to amounts recovered for past medical expenses.  Florida...

Juror Bias Is Cause For Challenge In A Vicarious Liability Case

Juror Bias Is Cause For Challenge In A Vicarious Liability Case

Personal Injury

In the case of Dayana St. Vil Lopez v. Yo Roofing and Associates, Inc. and Scott Allen Voorhees, Case number 4D17-2075 (Fla. 4th DCA June 27, 2018), Florida’s Fourth DCA held that a juror who clearly expressed bias against holding a party vicariously liable for a car accident...

Gross Negligence May Overcome Work Comp Immunity

Gross Negligence May Overcome Work Comp Immunity

Personal Injury

In the case of Ramsey v. Dewitt Excavating, Inc., Case Number 5D17-311 (Fla. 5th DCA June 15, 2018), Florida’s Fifth DCA held that there was enough evidence to allow a jury to decide whether a fellow co-worker of Mr. Ramsey was grossly negligent in turning on a concrete mixer...

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