Recently, the district court of appeals for the State of Florida Fifth District issued an opinion in an appeal involving a negligence claim by the appellant, the plaintiff, against the appellee, First Team Ford, LTD d/b/a Autonation Ford Sanford, a Florida Limited Partnership (the Dealership). Ryan Matthews, the general manager…
South Florida Personal Injury Lawyers Blog
Florida Appeals Court Reverses Lower Court Decision in Medical Malpractice Case
In a recent case, the Fourth District Court of Appeals in Florida issued an opinion in an appeal involving a nonfinal order granting the appellee, a patient, an amended motion for leave to amend her complaint to state a claim for punitive damages against the appellant, a doctor. In the…
Florida Appeals Court Reverses Lower Court Decision in Housekeeper’s Workers’ Compensation Case
In a recent case, the First District Court of Appeals in Florida issued an opinion in an appeal involving a benefits dispute between a housekeeper and an employer. The appellee filed a petition for benefits and alleged injury while “house keeping” for the appellant. The appellant moved for a summary…
Eleventh Circuit Reverses Lower Court Decision Involving the Definition of a “Land Motor Vehicle
In a recent case, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a dispute regarding the definition of a land motor vehicle in an insurance policy. The plaintiff, State Farm Mutual Automobile Insurance Company (State Farm), sued the defendant, an individual…
Florida Legislature Enacts Sweeping Personal Injury Reforms
On March 24, 2023, Florida Governor Ron DeSantis signed a far-reaching tort reform bill into law. The new law enacts several major changes to the Florida negligence liability system, the standard for bad-faith insurance claims, and the use of contingency-fee multipliers when calculating attorneys’ fees. Each of these changes directly…
District Court Summary Judgement Case Reversed by Eleventh Circuit Over Genuine Dispute of Material Fact
In a recent appeals case, the United States Court of Appeals for the Eleventh Circuit produced an opinion for an appeal involving a summary judgment ruling in a negligence case in Florida. The plaintiff-appellant was injured when she slipped on a grape in a Wal-Mart store and she subsequently sued…
Florida Appeals Court Overturns Lower Court in Negligence Claim Due To Pleading-Stage Procedural Posture
In a recent case, the Fourth District Court of Appeals in Florida issued an opinion in an appeal involving a direct negligence claim and a vicarious liability claim by the appellant, the plaintiff, the appellees, a corporation, and its supervising employees. The plaintiff’s claim arose from a crash he suffered…
Eleventh Circuit Reverses Lower Court Decision in Bad Faith Insurance Claim
In a recent case, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a bad faith claim in an insurance case under Florida law. The plaintiff-appellant was injured in a car accident and subsequently sued the defendant-appellee, USAA General Indemnity Company, for…
One Killed in Fatal Florida Double Semi Truck Collision
Automobile accidents involving trucks and trailers are extremely dangerous. According to a report by the U.S. Department of Transportation, more than 4,100 people were killed in large truck crashes last year. The Federal Motor Carrier Safety Administration has found that there were more than 500,000 crashes nationwide involving large trucks,…
Increased Risks Associated with E-Bike Accidents
E-bike accident levels have continued to rise as e-bike usage climbs throughout the nation and Florida. Nationally, the sale of e-bikes has rapidly increased, with roughly 804,000 sold in 2021, up from only about 152,000 in 2016, according to the National Bicycle Dealers Association. E-bikes are a popular vehicle option…