In Thompson v. Estate of Maurice, a young man was unfortunately killed while riding as a passenger in an automobile. Following the collision, the decedent’s parents demanded payment from the liability insurance company that provided coverage for the vehicle. The letter included a settlement offer that expired in one month.…
The United States District Court for the Southern District of Florida has overturned a jury’s award of approximately $15.8 million in non-economic damages in a wrongful death lawsuit. In Wisekal v. Laboratory Corp. of America Holdings, a laboratory processed two cancer screening tests for a Wellington woman over the course…
Florida’s First District Court of Appeals has affirmed a wrongful death judgment entered against two tobacco companies. In Philip Morris USA Inc. v. Buchanan, the personal representative of a deceased man sued both Philip Morris and the Liggett Group over her husband’s wrongful death. After jurors entered judgment against the…
In a recent case, a healthcare and rehabilitation center appealed a trial court’s order denying its motion to dismiss and compel arbitration. The case arose out of a case in which a wife admitted her husband to the rehabilitation center’s nursing facility in accord with a durable power of attorney…
Recently, the Florida Supreme Court issued a major decision regarding statutory caps on non-economic damages in medical malpractice cases. The case arose when a 20-year-old pregnant woman, the dependent of someone in the Air Force, was admitted to a government medical center with severe preeclampsia. The doctors induced labor and…
In a recent case, a Florida appellate court considered a tragic shooting incident whereby a couple’s 35-year-old son Paul shot and killed his family members at Thanksgiving. Sixteen family members were in attendance. The couple attended every year, but their son didn’t. In fact, the year before, the host had…
Tragically, many car accident fatalities occur because of drug or alcohol intoxication. Under what circumstances does evidence of drug or alcohol intoxication stay out of a trial proceeding? A recent case illustrates how a defendant can keep evidence of intoxication from the jury by admitting liability. The case arose when…
In a 2010 case, the appellate court considered whether summary judgment was proper in a wrongful death lawsuit. The case arose when a man drowned while a floating dock was being installed at property owned by Walt Disney World. He was employed by a water sports concession located at a…
Interesting questions are presented in cases in which a security guard is negligent, leading to personal injuries or even death. Is the guard responsible for intentional misconduct by another person? In a recent case, a woman was murdered at her home in a gated community by a burglar. The community…
In a recent case an appellate court reviewed a high school’s liability in the death of a student and catastrophic injury of another after consuming excessive alcohol at a private home. The case arose when students received copies of a somewhat unintelligible invitation to an end-of-the-year party at a home…