Medical malpractice cases can turn on expert testimony. What other kinds of evidence may be used to show a doctor is negligent? A doctor’s history of educational difficulties and failures are typically inadmissible to prove negligence. In a recent case, the plaintiff was referred to a doctor after she told…
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…
A recent case illustrates the importance of taking a strategic approach when bringing a lawsuit for personal injuries. It is critical to retain an attorney with the objectivity and good judgment, who can evaluate both the negative aspects of your case as well as the positive and take a more…
What happens if a rental car company rents a car to a driver who proves to drive negligent and hurts or kills someone? In a recent appellate case, a man was killed in Florida while riding in a 2008 Corvette that was rented from Hertz and driven by the defendant.…
A Florida jury may not award greater damages than what is supported by the evidence presented at trial. Under Section 768.043(2), trial courts must consider several factors in trying to determine whether damages awarded by the jury are excessive or inadequate after a trial. These factors include consideration of: •…
Slip and fall cases can be difficult to prove, particularly if the hazard that causes the fall is somewhat “open” or “obvious.” A recent case arose when a customer at Home Depot parked her car in a designated accessible parking space and upon returning to her car tripped over a…
In Florida, an Expert Medical Advisor (or “EMA”) is asked by a workers’ compensation judge to resolve certain controversies. A judge must order an EMA if either party requests one. They also must be called when there is a disagreement between two independent medical examiners. A judge may also choose…
An interesting wrongful death case regarding the validity and applicability of arbitration agreements arose recently when a nineteen-year-old enrolled at Teen Challenge’s substance abuse facility in Florida. He signed an arbitration agreement that stated he accepted the Bible as the word of God and that God wanted the parties to…
In Florida there is a 104-week time limit on temporary disability benefits. The problems with the way this limit was applied were first addressed in a 1998 case in which the claimant was almost at the end of the 104-week period, but he hadn’t reached maximum medical improvement. The appellate…
Florida’s “Stand your ground” laws gained national attention in connection with the Trayvon Martin shooting. This law permits someone who is attacked in a place where he or she has a right to be and who is acting lawfully to “stand his or her ground” and “meet force with force.”…