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Articles Posted in Wrongful Death

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The Implication of Voluntary Intoxication in Florida Third-Party Personal Injury Claims

The First District Court of Appeal in the State of Florida recently reviewed a trial court’s order denying a manufacturer a directed verdict in a Florida wrongful death claim. According to the court’s opinion, the company manufactured products containing a synthetic marijuana product, commonly known as “spice.” A warning was…

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Court Addresses Foreseeable Zone of Risk in Florida Wrongful Death Lawsuit

Recently, a Florida appellate court issued an opinion in a consolidated appeal arising from the tragic mass murders at the Pulse nightclub. The facts indicate that the shooter entered the nightclub shooting and injuring fifty-three patrons and killing forty-nine others. The survivors and decedents’ representatives filed a lawsuit against the…

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Court Addresses Hotel Lifeguard Requirement in Florida Wrongful Death Lawsuit

Recently, an appellate court issued its opinion in an appeal stemming from the tragic death of a man in a Florida hotel swimming pool. The man’s wife filed a wrongful death lawsuit against the hotel alleging, among other issues, that the hotel was responsible for the death of her husband…

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Florida Requires Insurance Companies Provide Minimum Uninsured Motorist Coverage

Recently, Florida’s Supreme Court ruled that insurance companies must comply with Florida Statutes section 627.727, which covers uninsured motorist (UM) coverage minimums. The ruling comes after an insurance company appealed a lower court’s ruling in favor of the plaintiff in a dispute over coverage after a Florida motorcycle accident. Before…

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Florida Appellate Court Addresses Direct Liability in Punitive Damages Lawsuit Against Corporation

A Florida appellate court recently addressed the appeal of a defendant power company after a jury verdict awarded a plaintiff non-economic and punitive damages. The power company alleged that the plaintiff failed to establish the requirements necessary for punitive damages claims. The case stemmed from the tragic electrocution of a…

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Florida Appeals Court Compels Arbitration Between Nursing Home and Plaintiff

Recently, an appeals court issued an opinion in a Florida nursing home abuse lawsuit. According to the court’s opinion, the plaintiff filed a lawsuit against a nursing home, alleging that the home neglected his father, leading to the father’s death. The nursing home filed a motion to dismiss the claim…

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Families of Florida Teens Killed in Car Accident Recover $10 Million Jury Verdict

Earlier this month, a jury returned a substantial verdict in favor of two families, each of which lost a teenage child in a fatal 2018 Florida car accident. According to a recent news report covering both the tragic accident as well as the jury’s recent verdict, the collision occurred in…

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Florida Wrongful Death Cases Are Derivative of the Deceased’s Claim

When someone is killed due to the negligence of another person or entity, the Florida wrongful death statute allows for the surviving loved ones of the deceased to pursue a claim for compensation against the at-fault parties. Under Florida Statutes section 768.18, these claims are generally brought for the benefit of…

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Florida’s High Court Rejects Wrongful Death Damages Cap Imposed by Lower Court

Recently, the Supreme Court of Florida issued a written opinion in a case rejecting a lower court’s decision to impose what appeared to be a bright-line rule regarding the available amount of damages a Florida wrongful death plaintiff is able to obtain. In so doing, the state’s high court held…

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First Lawsuit Filed Following Florida International University Bridge Collapse

Earlier this month, a pedestrian bridge at Florida International University collapsed, killing six and injuring nine others. While the cause of the collapse is still under official investigation, there were reports that one of the lead engineers noticed cracks in the bridge before it was even complete and reported the…

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