Lakeland Premises Liability Blog

Representing the Injured is Our Priority

Use of Discovery Violations at Trial

Use of Discovery Violations at Trial

Personal Injury

In the case of Daniel Kellenberger v. Wal-Mart Stores East, LP, Case Number 1D21-2368 (Fla. 1st DCA November 30, 2022), Florida’s First DCA affirmed the extensive cross-examination of the plaintiff regarding discovery violations before trial. However, Justice Jay wrote a...

Breach For Failure To Pay Settlement Timely

Breach For Failure To Pay Settlement Timely

Personal Injury

In the case of Michael Anthony Mortellaro, as PR for the Estate of Gloria C. Cooper, v. Caribe Health Center, Inc., Case Number 2D19-4473 (Fla. 2d DCA May 26, 2021), Florida’s Second DCA held that failure to pay a settlement agreement on time resulted in a material breach and...

Error to Award Past Medical Expenses Without Pain and Suffering

Error to Award Past Medical Expenses Without Pain and Suffering

Personal Injury

In the case of Gloria Cabrera v. Wal-Mart Stores East, LP, Case Number 3D19-2301 (Fla. 3rd DCA December 16, 2020), Florida’s Third DCA held that it was error for a jury to award damages for past medical expenses but nothing for pain and suffering. Facts And Injury Ms....

Owner Required to Anticipate Potential Fall Hazards

Owner Required to Anticipate Potential Fall Hazards

Personal Injury

In the case of Tracy Greene v. Twistee Treat USA, LLC, et al, Case Number 2D18-4064 (Fla. 2d DCA September 4, 2020), Florida’s Second DCA held that a man-made depression in a parking lot was not so open and obvious that summary judgment should be granted in favor of the...

Authenticating Google Maps Images In Florida

Authenticating Google Maps Images In Florida

Personal Injury

In the case of City of Miami v. Kho, Case Number 3D18-2369 (Fla. 3d DCA October 16, 2019), Florida’s Third DCA held that a slip and fall plaintiff did not lay a proper foundation to admit a photograph from Google Maps. Basic Facts Ms. Kho slipped and fell on a...

No Liability For Uneven Floor Levels

No Liability For Uneven Floor Levels

Personal Injury

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...

Slip And Fall Liability Requires Element Of Time

Slip And Fall Liability Requires Element Of Time

Personal Injury

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...

Summary Judgment On Liability Reversed

Summary Judgment On Liability Reversed

Personal Injury

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...

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