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South Florida Personal Injury Lawyers Blog

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Court Rejects Property Owner’s Injury Claim Against Land Survey Company

One state’s supreme court recently published an opinion affirming a lower court’s dismissal of a plaintiff’s personal injury claim that was filed after the plaintiff tripped on a stake that was placed on his property by the defendant while performing a survey. The state high court ultimately determined that the plaintiff…

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Court Ruling Favors Accident Plaintiff Who Initially Sued the Wrong Defendant

One state’s supreme court recently published a decision reversing two lower court rulings that had thrown out a car accident case initially filed against the wrong defendant and later amended by the plaintiff to include the actual driver of the other vehicle, but only after the statute of limitations for a…

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Federal Court Awards Additional Damages to Plaintiff Based On Insurance Company’s Bad Faith

The United States Tenth Circuit Court of Appeals recently published an opinion affirming a federal district court’s ruling awarding a plaintiff triple damages in a breach of contract case filed against his insurance company. The plaintiff sued his insurer after the defendant refused to honor an underinsured motorist claim made…

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State Court Affirms $4 Million Wrongful Death Verdict in Medical Malpractice Case

The Idaho Supreme Court recently published an opinion affirming a $4 million jury verdict in a wrongful death and medical malpractice case filed by the husband of a woman who died after complications from a liposuction procedure performed by the defendant. The award, which includes over $1,250,000 in non-economic damages,…

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State Court Waives Limitations Period for Plaintiff in Underinsured Motorist Claim

The Indiana Supreme Court recently published an opinion affirming a lower court’s ruling to allow a plaintiff’s personal injury claim to proceed against her insurance company. The defendant insurance company had argued that the underinsured motorist claim at issue was filed after the policy’s limitations period for such claims had…

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Filing Error Causes Medical Malpractice Complaint to Be Dismissed

The Idaho Supreme Court recently released an opinion affirming the dismissal of a plaintiff’s medical malpractice claim against a doctor who had not been included in the plaintiff’s lawsuit until after the statute of limitations had expired. The plaintiff’s contention that the court should have used a different date to…

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Blatant Surgical Errors Remain Startlingly Common Despite Technological Advances in Medicine

The technological advances in the medical field over the last 20 to 30 years have resulted in patients receiving improved care when treated for a variety of medical conditions and ailments. However, mistakes and errors by medical providers remain more common than many observers would believe. Although the incorporation of precision…

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State Supreme Court Rules Against Woman Injured in Grocery Store Fall

The Nebraska Supreme Court recently released an opinion affirming a district court’s grant of summary judgment for the defendant in a premises liability lawsuit filed by a woman who was injured in a slip-and-fall accident while at a grocery store that was operated by the defendant. The high court agreed…

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General Motors Faces Appellate Defeat in Ignition Switch Case

The Second Circuit Court of Appeals recently released an opinion that will allow several tort claims against General Motors related to a faulty ignition switch to proceed. According to a New York Times article discussing the recent opinion, the ruling stands in the face of a 2009 bankruptcy court ruling, which…

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Plaintiff’s Medical Malpractice Claim Rejected as Untimely After Transfer from Federal to State Court

The Idaho Supreme Court recently published an opinion that affirmed a state district court’s dismissal of a medical malpractice lawsuit based on the plaintiff’s failure to file the complaint within the state’s two-year statute of limitations. The plaintiff in the case of English v. Taylor had initially filed a complaint…

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