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Amendment Relates Back Even If New Element Is Added

Amendment Relates Back Even If New Element Is Added

Personal Injury

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...

Defendant’s Medical Records Generally Not Discoverable

Defendant’s Medical Records Generally Not Discoverable

Personal Injury

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...

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...

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...

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...

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...

Area Not Designated For Walking Cannot Be Dangerous

Area Not Designated For Walking Cannot Be Dangerous

Personal Injury

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...

Failure To File A Privilege Log Does Not Waive All Privileges

Failure To File A Privilege Log Does Not Waive All Privileges

Personal Injury

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...

Proposal For Settlement Missing Signature

Proposal For Settlement Missing Signature

Car Accidents

In the case of Alberto Valle v. Scott Flory, Case Number 2D16-2848 (Fla. 2d DCA August 15, 2018), a proposal for settlement that was missing an attorney’s signature in the certificate of service was held to be valid. Background Facts Mr. Valle sued Mr. Flory (of course there is...

Florida Medicaid Liens For Past Medical Expenses

Florida Medicaid Liens For Past Medical Expenses

Personal Injury

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...

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...

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