Personal Injury Blog

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Owner Required to Anticipate Potential Fall Hazards

Owner Required to Anticipate Potential Fall Hazards

Personal Injury

In the case of Tracy Greene v. Twistee Treat USA, LLC, et al, Case Number 2D18-4064 (Fla. 2d DCA September 4, 2020), Florida’s Second DCA held that a man-made depression in a parking lot was not so open and obvious that summary judgment should be granted in favor of the...

Hotel Golf Cart Owes No Duty After Rider Disembarks

Hotel Golf Cart Owes No Duty After Rider Disembarks

Personal Injury

In the case of Curtis Luckman v. Alfred Harris Wills, et al., Case Number 3D19-453 (Fla. 3rd DCA July 29, 2020), Florida’s Third DCA held that a hotel operating a complimentary golf cart had no duty after the passenger voluntarily disembarked. Facts of the Case Luckman...

No Claim For Losing Cremated Remains Under Impact Rule

No Claim For Losing Cremated Remains Under Impact Rule

Personal Injury

In the case of Deon Williams v. Boyd-Panciera Family Funeral Care, Inc., Case Numbers 4D19-473 and 4D19-838, Florida’s Fourth DCA held that the parents of a deceased child had no claim for emotional distress after a funeral home lost the cremated remains of their child because...

Motel Cannot Blame Third Party For Negligent Security

Motel Cannot Blame Third Party For Negligent Security

Personal Injury

In the case of The Waves of Hialeah, Inc. v. Julia Machado, et al, Case Number 3D18-300 (Fla. 3d DCA February 19, 2020), Florida’s Third DCA held that a motel could not blame a third party for negligent security without a special relationship in a premises liability claim. ...

Overcharging For Medical Records When Request Comes From A Lawyer

Overcharging For Medical Records When Request Comes From A Lawyer

Personal Injury

In the case of Patricia Webber v. Bactes Imaging Solutions, Inc. n/k/a Sharecare Health Data Services, LLC, Case Numbers 2D18-2964 and 2D18-4813 (Fla. 2d DCA January 15, 2020), Florida’s Second DCA held that overcharging for patient records just because the request for records...

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...

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