Personal Injury Blog

In the case of Hayes Robertson Group, Inc. v. Timothy Christopher Cherry, Case Numbers 3D-18-106 and 3D17-2704 (Fla. 3rd DCA December 12, 2018) Florida’s Third DCA upheld a trial court’s exclusion of expert testimony regarding “habitual addiction” in a...

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...

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...

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 rejected...

In the case of W. Riley Allen v. Jairo Rafael Nunez, Case Number SC16-1164 (Fla. October 4, 2018), the Florida Supreme Court issued an opinion upholding the simple terms of a proposal for settlement and calling a challenge to “plain language” as...

In the case of Anthony Newton v. Caterpillar Financial Services Corporation, et al., Case Number SC17-67 (Fla. September 27, 2018), the Florida Supreme Court held that front end loaders are considered a “dangerous instrumentality” under Florida law. Underlying Case...

In the case of Trugreen Landcare, LLC v. Charles Lacapra, Case Number 5D17-1594 (Fla. 5th DCA August 31, 2018), Florida’s Fifth DCA held that a palm tree planter in the parking lot of a movie theater where the plaintiff was cutting through was not dangerous as a matter of law...

In the case of GKK v. Petronila Cruz, Case Number 3D18-560 (Fla. 3rd DCA July 5, 2018), Florida’s Third DCA held that the failure of a party to file a privilege log does not waive categorical privileges (i.e. work-product and attorney-client privileges).  This case arose...

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...

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...

In the case of Khorran v. Harbor Freight Tools USA, Inc., Case Number 3D17-1508 (Fla. 3d DCA June 27, 2018), Florida’s Third DCA reversed a summary judgment holding that there was sufficient evidence to support the plaintiff’s claim for negligence and negligent mode of...

In the case of Wal-Mart Stores, Inc. v. Derrick Thornton, Case Number 4D16-4173 (Fla. 4th DCA March 7, 2018), Florida’s Fourth DCA held that testimony from a doctor that a “potential” future surgery would cost a certain amount was not improper to support an award...

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...

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...

In the case of Koppel v. Ochoa, Case Number SC16-1474 (May 17, 2018), the Florida Supreme Court held that the filing a motion for enlargement of time does not automatically extend the deadline to extend a proposal for settlement. What Happened In The Case This case arose from a 2011...

In the case of Target Corporation v. Kaufer, 4D16-3413 (Fla. 4th DCA 2018) a jury verdict for the plaintiff was reversed on appeal where, as a matter of law, Target could not be held legally responsible for the actions of another customer dripping soap on a waxed and...

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...

The So-Called One Expert Per Specialty Rule The “one expert per specialty” rule was addressed in Gutierrez v. Vargas, SC15-1924 (March 22, 2018) by the Florida Supreme Court. What Happened in the Case Gutierrez (a minor child) brought a medical malpractice case against...

What happens when one of the survivors in a wrongful death case bears some degree of fault and there was a settlement? The answer to this question can be found in Hess v. Hess, 758 So. 2d 1203 (Fla. 4th DCA 2000) in that the probate judge should determine comparative fault among the...

It is very important to know what caused you to slip and fall.  In the case of Lago v. Costco Wholesale Corporation, Case Number 3D16-1899 (December 13, 2017), summary judgment was given to Costco because the claimant could not offer evidence as to what caused her to slip and...