Florida’s First District Court of Appeal has found that a bad-faith medical malpractice insurance case should go to trial. In Samiian v. First Professionals Insurance Co., a doctor performed plastic surgery on a patient who remained at his clinic following the procedure. After visiting with the patient at the end…
South Florida Personal Injury Lawyers Blog
Middle District of Florida Remands Negligence Lawsuit Back to State Court
The Middle District of Florida in Fort Myers has remanded a car accident case back to state court after the defendants failed to establish that the amount in controversy exceeded the federal diversity jurisdiction requirements enumerated in 28 U.S.C. § 1441(a). In Bess v. Day, a Florida man was apparently injured…
Florida Appeals Court Affirms Summary Judgment in Fatal Pedestrian Accident Case
Florida’s Second District Court of Appeal has affirmed a trial court’s order granting summary judgment in a fatal pedestrian accident case. In Panzera v. O’Neal, a man was unfortunately struck by a semi-truck while attempting to cross Interstate 75 on foot in 2011. Following the crash, the man’s estate filed…
Appellate Court Reverses Order Denying Costs in Florida Workers’ Compensation Case
Florida’s First District Court of Appeal has reversed a Judge of Compensation Claims’ order denying an injured employee’s request for stipulated costs in a workers’ compensation case. In Gobel v. American Airlines, a Florida worker successfully pursued medical benefits payments from his employer following a workplace accident. After that, the…
Middle District of Florida Holds Bad Faith Insurance Claim Should be Decided by a Jury
The Middle District of Florida has denied a defendant’s motion for summary judgment in a bad faith insurance lawsuit. In Hines v. Geico Indemnity Co., a Florida woman apparently caused a motor vehicle collision while driving a car that was owned by her husband. At the time, the vehicle carried liability…
Florida Appeals Court Overturns Unsupported Additur Award in Traffic Wreck Case
Florida’s Fourth District Court of Appeals has overturned an additur award after the trial court failed to provide its findings in support of the additional damages. In Ferrer v. La Serna, a woman was apparently injured when her vehicle was struck by another car in Florida. A few days after the…
Tampa Court Holds Woman Entitled to Receive UM Auto Accident Benefits
In Tibbetts v. State Farm Mutual Automobile Ins. Co., a Florida woman sought uninsured motorist (“UM”) benefits from her parents’ automobile insurer following a September 2014 traffic wreck. At the time of the collision, the woman was living with her parents and riding as a passenger in one of the…
Southern District of Florida Refuses to Dismiss Negligence Claim Filed Against Cruise Ship Company Following Passenger’s Snorkeling Excursion Drowning
In Pucci v. Carnival Corp., a woman set sail on a seven-day cruise with her family. While on board the ship, the woman purchased a snorkeling excursion that was marketed and sold on the vessel using brochures and television advertisements. The cruise ship company also marketed the excursion on its…
Court Rules Light Duty Work Not Sheltered Employment in Florida Workers’ Compensation Case
In Moore v. Servicemaster Commercial Services, a commercial housekeeper apparently hurt her right shoulder at work. As a result of her workplace harm, the woman underwent surgery. Following her surgical procedure, the housekeeper was authorized to return to work with restrictions after about one week of recovery time. The woman’s…
Insurance Company Ordered to Pay Legal Fees and Costs After Denying Benefits to Insured Florida Driver Following Collision
In Explorer Insurance Co. v. Cajusma, a Florida man obtained liability coverage from an insurance company. Later, the man and his passengers were involved in a traffic wreck with another vehicle that was carrying two individuals. Following the accident, the man and his passengers each sought chiropractic care from a…