Personal Injury Blog

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Authenticating Google Maps Images In Florida

Authenticating Google Maps Images In Florida

Personal Injury

In the case of City of Miami v. Kho, Case Number 3D18-2369 (Fla. 3d DCA October 16, 2019), Florida’s Third DCA held that a slip and fall plaintiff did not lay a proper foundation to admit a photograph from Google Maps. Basic Facts Ms. Kho slipped and fell on a city owned...

Lack of Personal Jurisdiction Defense Waived If Not Raised

Lack of Personal Jurisdiction Defense Waived If Not Raised

Personal Injury

In the case of Myrtle Gannon v. John Cuckler, MD, et al, Case Number 2D17-4888 (Fla. 2d DCA October 16, 2019), Florida’s Second DCA held that the failure to raise lack of personal jurisdiction as a defense in either by motion or in the answer to the lawsuit results in waiver...

Amendment Relates Back Even If New Element Is Added

Amendment Relates Back Even If New Element Is Added

Personal Injury

In the case of Kelly Mitchell v. Applebee’s Services, Inc., Case Number 1D18-2555 (Fla. 1st DCA October 1, 2019), Florida’s First DCA held that an amendment after the expiration of the statute of limitations that introduces a new element to the same cause of action...

Defendant’s Medical Records Generally Not Discoverable

Defendant’s Medical Records Generally Not Discoverable

Personal Injury

In the case of Maureen Stoyka v. Mary Grecz, Michael Grecz, The Tides at Bridgeside Square Condominium, and Dag M. Hansson, Case Number 4D19-1607 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA reiterated that a defendant’s medical records in a personal injury case...

No Liability For Uneven Floor Levels

No Liability For Uneven Floor Levels

Personal Injury

In the case of Jayann Contardi as next friend of B.C. v. Fun Town, LLC, Cases Number 5D18-3518 (Fla. 5th DCA September 27, 2019), Florida’s Fifth DCA upheld a summary judgment in favor of a skating rink stating that uneven floors alone are an open and obvious danger where...

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...

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...

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...

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