Personal Injury Blog

In the case of Mario Larrigui-Negron v. AHCA, Case Number 1D18-1172 (Fla. 1st DCA October 11, 2019) Florida’s First DCA held that the ALJ could not reject uncontradicted evidence that a Medicaid lien should be reduced without identifying a reasonable basis in the evidence to...

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...

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...

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...

In the case of Harold Krueger v. Quest Diagnostics, Inc., et al, Case Number 2D18-3823 (Fla. 2d DCA September 13, 2019), Florida’s Second DCA held that building code violations may be considered by the jury as evidence of negligence and that there is not a distinction between...

In the case of Jose Raul Angeles-Delgado and Jessica Carillo v. Julio Costa Benitez, Case Number 3D19-1022 (Fla. 3rd DCA September 11, 2019), Florida’s Third DCA held that financial relationships between the defendant’s experts, the defendant’s law firm, and the...

In the case of John Gray v. AHCA, Case Number 1D17-355 (Fla. 1st DCA September 3, 2019), Florida’s First DCA upheld a refusal from an ALJ to entertain a reduction larger than the statutory formula in section 409.910(f), Fla. Stat. even though the injury was very severe and...

In the case of KT v. Royal Caribbean Cruises, LTD., the Eleventh Circuit Court of Appeals held that cruise ship operators have a duty to monitor and regulate the behaviors of their passengers, particularly where minors are involved. Facts KT was a minor. She was served...

In the case of Safepoint Insurance Company v. Shanika Brown and Juanita Reid, Case Number 3D18-347 (Fla. 3rd DCA August 7, 2019), Florida’s Third DCA held that a proposal for settlement requiring the settling plaintiff to indemnify the defense for attorney fees and costs...

In the case of Leonirez Heredia v. John Beach Associates, Inc., et al., Case Number 2D18-4127 (Fla. 2d DCA July 24, 2019), Florida’s Second DCA held that there was no horizontal privity for purposes of workers compensation immunity when the general contractor is the owner of...

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...

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...

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...

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...

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...

In the case of Frank Bellezza v. James Menendez and Crary Buchanan, P.A., Case Number 4D17-3277 (Fla. 4th DCA March 6, 2019), Florida’s Fourth DCA held that “while letters of protection may be admitted to establish bias, any further inquiry regarding the ‘cozy...

In the case of Steven Younkin v. Nathan Blackwelder, Case Number 5D18-3548 (Fla. 5th DCA February 22, 2019), Florida’s Fifth DCA held that the argument of “what is good for the goose is good for the gander” does not apply to Boecher discovery for a plaintiff. ...

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...

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...

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...