It is tragic when a student is hurt or killed in an athletic event due to a school’s failure to adequately supervise the student. Florida courts recognize that students owe a duty to students because they stand “partially in place of the student’s parents.” When it comes to sporting events,…
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…
Medical malpractice cases in Florida must meet high standards of proof. They usually require testimony from expert doctors and nurses who are willing to testify against the doctor or nurse in the case. A Florida appellate court recently reiterated the standards by which a plaintiff can win a medical malpractice…
A Florida appellate court recently dealt with the differences between personal injury lawsuits brought against a decedent’s employers versus his coworker who caused his injury/death. In this case, the defendant was a spotter driver who used tractors to move trailers for purposes of loading and unloading merchandise. One morning, he…
A Florida business owner owes two duties to those he or she invites into their business: (1) to take ordinary and reasonable care to keep the premises of the business safe and (2) to warn of any dangers actually or constructively known by the owner that the visitor to the…
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…
The Fifth District Court of Appeal of Florida recently reviewed a trial court’s dismissal of a wrongful death action for plaintiff’s failure to comply with the pre-lawsuit requirements for medical malpractice cases. In medical malpractice cases, a plaintiff must meet certain requirements, such as investigating before filing suit and giving…
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 Florida District Court of Appeal recently considered a case in which the plaintiff experienced brain damage and permanent disability as a result of medical negligence. The case illustrates the importance of having a good attorney on your side. The plaintiff was incapacitated after a doctor punctured his carotid artery…