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…
South Florida Personal Injury Lawyers Blog
Florida Legislative Ban on Texting While Driving
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…
Florida Workers’ Comp Limitation Ruled Unconstitutional
A recent victory for injured Florida workers in a workers’ compensation case, Westphal v. City of St. Petersberg, has upset the insurance industry. In the case, a firefighter challenged an order denying his claim for permanent total disability benefits and the constitutionality of the entire system of workers’ compensation benefits.…
Florida Appellate Court Overturns Summary Judgment on Minor’s Medical Malpractice Claim
In Moody v. Lawnwood Medical Center, Inc., a Florida appellate court considered a lawsuit for medical malpractice brought on behalf of their minor child, after the trial court granted summary judgment against them. The appellate court looked at two issues. The first was whether the releases of two doctors who…
Florida Appellate Court Finds No Fraud Upon the Court in a Products Liability Lawsuit
The District Court of Appeal of Florida, Fifth District, recently decided a case involving products liability. The case arose from a 2003 auto accident when a couple’s Ford Aerostar allegedly went from standing still into an acceleration that injured the wife. According to the couple’s lawsuit, Ford knew that the…
Arbitration Clauses in Florida Nursing Home Cases Binding Upon Heirs and Estate
The Supreme Court of Florida recently decided Laizure v. Avant at Leesburg, a very important case for the many Florida residents whose elderly parents are in nursing homes. In that case, an elderly man died several days after he was admitted to a nursing home for rehabilitation after surgery. The…
Florida Appellate Court Rules New Trial Not Appropriate in Car Accident Case
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…
Florida Hospital Ordered to Re-calculate Patient’s Life-Expectancy Damages
A Florida woman was diagnosed with stage 3c breast cancer after her physician failed to report evidence of microcalcifications during a routine breast screening two and a half years before the diagnosis. The injured patient filed suit against the hospital, treating physician, and medical imaging company. She agreed to let…
Florida Court of Appeals Determines Injured Worker Qualifies for Permanent Total Disability
Florida’s First District Court of Appeals issued a ruling that an injured worker who could not find a job at an approved level of physical restriction within his vocational capabilities qualified for permanent total disability. The injured employee worked at a trucking company for nearly three decades and suffered an…
Florida Court of Appeal Allows Boat Retailer to Bring Third Party Claim Against Manufacturers
The Second District Court of Appeal recently ruled in a case regarding personal injuries sustained in a flash explosion on a boat. The case arose when a retailer sold the boat to a couple and later performed repairs. There was a flash explosion on the boat and according to the…