The Second District Court of Appeal in Lakeland has affirmed a damages award in a Florida car accident case. In Zelaznik v. Isensee, a woman was injured when her vehicle was rear-ended in an automobile wreck. Prior to trial, the driver who struck the woman’s vehicle apparently admitted fault for…
Florida’s Fifth District Court of Appeals has reversed a summary judgment order in a car accident case. In Hubner v. Old Republic Insurance Co., a volunteer for Boy Scouts of America repeatedly transported a potential Eagle Scout in his personal vehicle to a cemetery to participate in a clean-up event.…
In a recent case the Florida plaintiffs were injured in a car accident involving a rental car. The rental car was paid for by the employer Bell Partners and authorized for its employee to drive for business purposes. However, at the time of the accident it was driven by the…
In a recent case, the Florida Supreme Court answered a certified question on the question of whether a co-owner of a car could avoid vicarious liability by claiming he didn’t intend to be owner of the vehicle and had relinquished control to a co-owner. Robert Christensen paid for a Chrysler…
Under section 627.727(1) of the Florida Statutes (2007), car insurers must offer uninsured motorist coverage unless an insured expressly rejects coverage. This includes coverage for an underinsured motor vehicle. This coverage is intended to protect those that are legally entitled to recover damages for injuries caused by uninsured or underinsured…
In a recent case, a Florida appellate court considered a personal injury case in which it was alleged the plaintiff had committed a fraud upon the court. The plaintiff had sued the defendant after a car crash in January 2010, claiming injuries to his neck and back. He had a…
Stacking inferences is impermissible in Florida personal injury cases, but a defendant may not frame a single inference as multiple inferences in order to defeat a plaintiff’s claim. In a recent case that illustrates this point, a Florida appellate court considered a single-vehicle accident that happened on a part of…
Sometimes settlement with one defendant in a case is appropriate while settlement with another defendant cannot be reached. In those cases, a plaintiff can proceed to trial against one of the defendants while settling with the other and dismissing him or her. One concern a plaintiff may have in such…
Personal injury victims in Florida are entitled to jury trials. In a recent case, a plaintiff appealed because the trial court denied her challenge to a jury for cause. Also at issue was the trial court’s refusal to permit her to tell the jury about her Social Security disability status…
A Florida statutory subsection limits damages when an owner loans his vehicle to another person whose negligent operation of the car leads to damages to a victim. In that case, the owner is liable only up to $100,000 per person and up to $300,000 per incident for bodily injury and…