During trial, it can be difficult for some witnesses to control their emotions, particularly if they believe they’ve been wronged by the other side or their insurer. A recent personal injury case illustrates the importance of controlling one’s emotions in a trial setting, particularly if a judge has expressly ruled…
In Florida, Rule 1.540(b)(3) covers the question of fraud or misconduct of an adverse party during a lawsuit. The rule is modeled on a federal rule of civil procedure. Fraud or misconduct “of an adverse party” can include misconduct by either the other party to the lawsuit or his or…
The Florida Supreme Court adopted the dangerous instrumentality doctrine in 1920. This doctrine provides: a vehicle owner (and others that own inherently dangerous tools) may be held vicariously liable when he or she consents to let someone drive his vehicle who operates it irresponsibly and causes damages. The doctrine is…
In Gautreaux v. Maya, a Florida appellate court considered a dismissal of a personal injury lawsuit based upon an alleged fraud upon the court. The case arose from an automobile accident. The plaintiff claimed continuing migraine headaches as a result of an accident caused by the defendant’s negligence. The defendant…
A Florida appellate court recently reviewed the issue of when a driver’s personnel file can be compelled for purposes of providing proof in an auto accident case in Walker v. Ruot. That case arose from a car accident in which an employee of Bright House Networks LLC injured the plaintiff…
The recent appellate decision in Howard v. Palmer illustrates that the courts recognize the importance of being able to hire an experienced, savvy personal injury attorney right away. In that case, an employee of Groupware ran a stop sign and crashed into the plaintiff’s car. The plaintiff sued for personal…
After four years of thinking about whether or not to ban texting, the Florida legislature has sent a texting-while-driving ban to Florida Governor Rick Scott this week. The House voted 110-6 to pass the ban, while the Senate voted 39-1 to approve the bill that the House had amended. Critics…
In Smith v. Lllamas, the Second District Court of Appeal of Florida ruled on the question of whether a motion for new trial was appropriately granted in an auto accident case. The case arose from a car collision that occurred in 2008, when a man and woman were each traveling…
Four children and one adult driver had to be taken to the hospital near Miami, Florida after a driver crossed the center-line and hit their shuttle van head-on. Two children were ejected from the vehicle, but were in stable condition, one child’s condition was unknown, and the fourth child and…