The Florida Supreme Court recently determined that a plaintiff who undergoes a procedure and has a foreign object left in their body is always entitled to a presumption of negligence. Before this decision, a federal appeals court had decided that a plaintiff was not entitled to the presumption where direct…
Earlier this month, a Florida appellate court issued a written opinion in a personal injury case brought by a motorist who was rear-ended by another driver. The court ultimately affirmed the jury’s verdict in favor of the defendant despite the fact that the defendant driver admitted that he was at…
In a recent case, one state’s supreme court considered whether a high school bus driver could be held strictly liable after she suddenly lost consciousness while behind the wheel. The driver was taking students back from a high school band competition when she experienced a sudden and unforeseeable loss of…
A Florida appellate court recently considered whether a bank could be held liable after a woman fell in a hole in a construction zone on the bank’s property. The woman had driven to the bank to make a deposit. When she arrived, she saw the bank was closed and decided…
Earlier this month, a West Virginia appellate court issued a written opinion in a slip-and-fall case illustrating one of the difficulties plaintiffs may encounter when their injury occurs at a hospital or doctor’s office. The issue in the case was whether the plaintiff’s slip-and-fall case should have been characterized as…
In Florida, as in any other state, all drivers have a duty to drive in a careful and prudent manner so that they can avoid endangering others’ persons or property. If a driver breaches that duty and injures someone, the driver may be held liable for injuries and other damages.…
In a recent case, a state appellate court considered whether a company could be held liable after an employee caused an accident in a company car while driving drunk. According to the facts as laid out in the court’s opinion, the employee received permission to use a company car on…
In a recently decided premises liability case, a woman fell as she was entering a fast food restaurant and later brought a lawsuit against the business. The woman alleged that she tried to open the doors to enter the restaurant but that the doors were difficult to open and that she…
“Better late than never” is not always true in the legal world. Sometimes, failing to object to an issue in a case may mean being barred from raising the issue at a later date. In a recent case, one state’s supreme court found a defendant’s claim that the plaintiff’s affidavits…
Sometimes proving the damages in an accident case is just as important as proving the defendant was at fault. In a recent case, one state’s supreme court upheld a jury’s award of zero dollars after a woman claimed she was injured by another driver in an auto accident. According to…