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Advance Payment from UM Carrier Functions as a Setoff

Advance Payment from UM Carrier Functions as a Setoff

Car Accidents

In the case of Richard Solomon v. State Farm, Case Number 5D18-3920 (Fla. 5th DCA August 21, 2020), Florida’s Fifth DCA held that an advance payment by a UM carrier is considered a setoff. Underlying Facts Solomon sued State Farm as the uninsured motorist carrier for a...

Proposal For Settlement With Wrong Amount Not Enforced

Proposal For Settlement With Wrong Amount Not Enforced

Car Accidents

In the case of Kyle Dale v. Viktoria Schaub and State Farm Automobile Insurance Company, Case Number 4D19-900 (Fla. 4th DCA August 19, 2020), Florida’s Fourth DCA held that a mistake in the amount of a proposal for settlement with a number not consented to by the client was...

Directed Verdict For Causation of Injuries Reversed

Directed Verdict For Causation of Injuries Reversed

Car Accidents

In the case of USAA v. Robyn Rey, Case Number 2D18-5120 (Fla. 2d DCA August 5, 2020), Florida’s Second DCA held that USAA was not required to present expert testimony to rebut conflicting evidence on causation of injuries resulting in reversal of jury verdict. Outline of...

Applying Owner Liability Caps In Florida

Applying Owner Liability Caps In Florida

Car Accidents

In the case of Brian Walker, as personal representative of the Estate of Sophie C. Walker v. GEICO Inemnity Company, Case Number 4D18-3706 (Fla. 4th DCA March 25, 2020), Florida’s Fourth DCA held that an at-fault driver with coverage under four policies had more than the...

Rear End Presumption For Sudden Stops At An Intersection

Rear End Presumption For Sudden Stops At An Intersection

Car Accidents

In the case of Lynn Fonger v. James Nall, Case Number 5D17-2927 (Fla. 5th DCA November 15, 2019), Florida’s Fifth DCA held that the sudden stop of an unidentified vehicle at an intersection does not rebut the rear-end presumption of negligence in Florida. Therefore, the...

Nationwide Gets Stuck Paying On Proposal For Settlement

Nationwide Gets Stuck Paying On Proposal For Settlement

Car Accidents

In the case of Sandra Davis v. Jessica Muro consolidated with Nationwide v. Jessica Muro, Case Numbers 4D18-907 and 4D18-2824 (Fla. 4th DCA November 13, 2019), Florida’s Fourth DCA held that an insurance company losing on a proposal for settlement is required to cover attorney...

Winter Haven Car Accident US17 October 2019

Winter Haven Car Accident US17 October 2019

News Events

A car accident in Winter Haven on US17 at the intersection with Avenue C, SW was reported in The Ledger on October 16, 2019. The accident happened when a Honda Civic ran a red light and hit a county-owned vehicle. These vehicles spun after the collision and then struck another...

Pure Opinion Testimony On Liability Not Allowed Under Daubert

Pure Opinion Testimony On Liability Not Allowed Under Daubert

Car Accidents

In the case of Mastec North America, Inc. and Robert W. Dumas v. Kathleen Morakis, as guardian of Manual Perez Garcia, Case Number 4D18-1321 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA held that an accident reconstruction expert’s opinion that an impaired...

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...

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