Car Accident Blog

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Florida’s Accident Report Privilege Is Not A True Privilege

Florida’s Accident Report Privilege Is Not A True Privilege

Car Accidents

In the case of Steven Paul Anderson v. Mary Mitchell, Case Number 2D18-2864 (Fla. 2d DCA April 5, 2019), Florida’s Second DCA held that Florida’s so-called “accident report privilege” is not a true privilege to prevent disclosure but is instead just a bar on...

Lawyers Cannot Imply That Driver Was Not Issued A Citation

Lawyers Cannot Imply That Driver Was Not Issued A Citation

Car Accidents

In the case of Ashley Rierson v. David Deveau, Case Number 3D18-0246 (Fla. 3rd DCA March 20, 2019), Florida’s Third DCA held that it was reversible error for lawyers to imply during closing argument that no traffic citation had been issued. Facts At Issue Rierson...

Testifying Expert’s Notes Not Allowed In Evidence

Testifying Expert’s Notes Not Allowed In Evidence

Car Accidents

In the case of State Farm Mutual Automobile Insurance Company v. Karl H. Wallace, Case Numbers 5D17-813 and 5D17-2852, (Fla. 5th DCA December 21 2018), Florida’s Fifth DCA held that a testifying radiologist’s annotations made to MRI films were not admissible into...

Additur When Jury Finds That Permanent Injury Exists

Additur When Jury Finds That Permanent Injury Exists

Car Accidents

In the case of Ashley Pogue v. Jennifer Garib, Case Number 4D17-2638 (Fla. 4th DCA October 3, 2018), Florida’s Fourth DCA reversed a $20,000 additur for pain and suffering added by the judge after a jury awarded zero dollars in pain and suffering despite finding that the...

Jury Should Hear Causation Issues In Neck Injury Case

Jury Should Hear Causation Issues In Neck Injury Case

Car Accidents

In the case of State Farm Mutual Automobile Insurance Company v. Joseph V. Ferranti, Case Numbers 5D16-3980 and 5D17-756 (Fla. 5th DCA September 28, 2018), Florida’s Fifth DCA held that summary judgment for causation issues in a car accident case is not appropriate. Facts Of...

Knowing Rejection Of UM On GEICO Policy

Knowing Rejection Of UM On GEICO Policy

Car Accidents

In the case of GEICO Indemnity Company v. Ricardo Perez, Case Numbers 3D17-2317, 2407, and 2514 (Fla. 3rd DCA September 20, 2018), Florida’s Third DCA held that a $1.7 million jury verdict in a UM case needed retrial on the issue of whether the insured’s rejection of UM...

Hydroplane Accident Caused Serious Injury On SR37

Hydroplane Accident Caused Serious Injury On SR37

News Events

Destiny Nichols sustained critical injuries after being struck by a Nissan X-Terra driven by Gavin Boles as reported in The Ledger.  Boles is 17 years old and hydroplaned during an intense rainstorm on SR37 near Radar Road in Bradley Junction, Florida on August 11, 2018.  Boles and...

Juror Bias Is Cause For Challenge In A Vicarious Liability Case

Juror Bias Is Cause For Challenge In A Vicarious Liability Case

Personal Injury

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...

Remittitur And How To Correct An Error By The Jury

Remittitur And How To Correct An Error By The Jury

Car Accidents

In the case of Nieves v. State Farm Mutual Automobile Insurance Company, Case Number 5D17-893 (Fla. 5th DCA May 25, 2018), State Farm challenged all of the damages awarded to the plaintiff with a “remittitur” and ends up getting a new trial just on the narrow issue of the...

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