Personal Injury and Medical Malpractice Blog

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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...

Timing Of Suggestion Of Death And The Hearing To Substitute Parties

Timing Of Suggestion Of Death And The Hearing To Substitute Parties

Personal Injury

In the case of Stern v. Horwitz, Case Number 2D17-3044 (Fla. 2d DCA May 30, 2018), a suggestion of death was filed after one of the parties to the lawsuit died and a dismissal was reversed because the 90 day time period under Fla. R. Civ. P. 1.260(a) does not require that the trial...

Remittitur And How To Correct An Error By The Jury

Remittitur And How To Correct An Error By The Jury

Car Accidents

In the case of Nieves v. State Farm Mutual Automobile Insurance Company, Case Number 5D17-893 (Fla. 5th DCA May 25, 2018), State Farm challenged all of the damages awarded to the plaintiff with a “remittitur” and ends up getting a new trial just on the narrow issue of the...

Marriage After Accident Upheld In Wrongful Death Claim

Marriage After Accident Upheld In Wrongful Death Claim

Car Accidents

In the case of Dominos Pizza, LLC v. Wiederhold, 5D16-2794 (Fla. 5th DCA 2018), an injured person got married after becoming injured but before his death.  After his death, his surviving spouse sued the driver (and Dominos Pizza for vicarious liability) for causing the accident...

UM Rejection Form Cannot Be Made Orally In Florida

UM Rejection Form Cannot Be Made Orally In Florida

Car Accidents

In the case of Jervis v. Castaneda, Case Number 4D17-332, GEICO sought to enforce a UM rejection form that was “electronically signed” by the plaintiff. The Fourth DCA held that electronic process used did not comply with Florida’s UM statute and was void. In...

Liability For Battery Acid Spilled Onto Roadway

Liability For Battery Acid Spilled Onto Roadway

Personal Injury

In the case of Simon’s Trucking, Inc. v. Lieupo, Case Number 1D17-2065, the First DCA held that section 376.313, Fla. Stat. does not permit a private right of action for personal injuries and certified a question of great public importance to the Florida Supreme Court. Facts Of...

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