Personal Injury Blog

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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...

Consortium Claims Often Cannot Be Separated From The Injury Claim

Consortium Claims Often Cannot Be Separated From The Injury Claim

Personal Injury

In the case of Jessica Conti v. James Auchter and Ashlee Auchter, Case Number 5D18-696 (Fla. 5th DCA March 15, 2019), Florida’s Fifth DCA held that losing on a proposal for settlement for the wife’s consortium claim results in a sanction for attorney fees and costs for...

Attorney Referral Fee That Did Not Comply With Rule Was Void

Attorney Referral Fee That Did Not Comply With Rule Was Void

Personal Injury

In the case of Steven B. Katz et al. v. Frank, Weinberg & Black, PL, Case Number 4D18-1215 (Fla. 4th DCA January 30, 2019), a noncompliant agreement for approximately $500,000 in referral fees on a contingency fee case was considered void under Florida because the attorneys did...

Insurance Companies Try To Sue Their Own Attorneys

Insurance Companies Try To Sue Their Own Attorneys

Personal Injury

In the case of Arch Insurance Company, v. Kubicki Draper, LLP, Case Number 4D17-2889 (Fla. 4th DCA January 23, 2019), the insurance company sought to hold the law firm it hired to defend its insured responsible for malpractice after the insurance company was “forced” to...

Lee County Memorial Lien Law Declared Unconstitutional

Lee County Memorial Lien Law Declared Unconstitutional

Personal Injury

In the case of Lee Memorial Health System v. Progressive Select Insurance Company, the Florida Supreme Court held that Lee County’s hospital lien ordinance was unconstitutional as a “special law” improperly impairing private contracts. The LMHS Lien Law And How...

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...

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