In Lugo v. Carnival Corp., a family of four departed on a cruise vacation in February 2015. While on board the ship, the two children slept on elevated bunk beds. In order to access the bunk beds, the children were required to utilize a removable ladder that did not fully…
South Florida Personal Injury Lawyers Blog
Miami Court Examines Factors to Consider When Reviewing a Motion to Transfer Venue Following Unfortunate Car Accident
In Morrissey v. Subaru of America, Inc., a couple was injured when the vehicle one spouse was driving unexpectedly accelerated and collided with a stone fence in the United States Virgin Islands. Sadly, the wife was left permanently paralyzed as a result of the crash. Following the incident, the couple…
Workers’ Compensation Benefits Denied Because Florida Man’s Need for Treatment was Caused by a Preexisting Condition
In Ceristaff, Inc. v. Owen, a worker who was employed as a gas appliance technician apparently hurt his shoulder when he fell at work in December 2013. Following the man’s workplace accident injury, the worker’s employer accepted compensability for the incident. As a result, the employee was authorized to seek…
Orlando Federal Court Remands Child’s Premises Liability Claim Back to Florida State Court
In A.Z. v. Bonnet Creek Resort Vacation Condominium Assoc., Inc., a minor was apparently injured when she tripped and fell while visiting a Florida condominium complex. The Georgia resident later filed a lawsuit against the property owner in Orange County, Florida Circuit Court. In response to the purportedly injured child’s…
Florida Appeals Court Orders New Trial Following Multi-Million Dollar Judgment Against Tobacco Companies
In RJ Reynolds Tobacco Co. v. Calloway, several tobacco companies filed an appeal following a multi-million dollar judgment that was entered against them in Florida. In the case, the defendants faced claims of negligence, strict liability, fraudulent concealment, and conspiracy to commit fraud, brought by the estate of a man who…
Appeals Court Overturns Denial of Compensation Advance in Broward County Workers’ Compensation Case
In Mathis v. Broward County School Board, a woman apparently hurt her foot while working in Broward County. Unfortunately, the workplace injury resulted in a serious infection that required her to be hospitalized for a lengthy period. Although the woman’s employer initially accepted compensability for her harm, the employer refused…
Jury’s Pain and Suffering Award Upheld Following Miami-Dade County Car Accident
Florida’s Third District Court of Appeal has reinstated a jury’s award in a traffic accident case. In Ortega v. Belony, a Florida man suffered a broken neck in a Miami-Dade County automobile collision. Following the car accident, the man was hospitalized for eight days and wore a medical halo device…
Florida Appeals Court Remands Wrongful Death Lawsuit Filed Against Ship Owners for a New Trial
In Soto v. McCulley Marine Services, Inc., a man tragically drowned near Longboat Pass on July 4, 2009 when he fell from a jet ski and was sucked underneath a moored barge while wearing a life preserver. At the time of the unfortunate drowning, a nearby dock was being used…
Appellate Court Issues Ruling Regarding Psychiatric Care and Resulting Temporary Disability in Florida Workers’ Compensation Case
In Boley Centers, Inc. v. Vines, a Judge of Compensation Claims (“JCC”) awarded an employee temporary total disability and psychiatric benefits following a workers’ compensation hearing. In response to the JCC’s ruling, the worker’s employer appealed the judge’s decision to Florida’s First District Court of Appeal. According to the employer,…
Southern District of Florida Refuses to Dismiss Negligence Claims Following Cruise Ship Death
In Cordani v. NCL (Bahamas) Ltd., a man’s estate filed a wrongful death lawsuit against a cruise ship company and its medical staff after the man died of an illness he suffered while on board a passenger vessel. In a seven-count complaint, the estate sought damages from the company and…