In Government Employees Insurance Company v. Kisha, a couple purchased a motor vehicle insurance policy that included uninsured motorist coverage (“UIM”). Both members of the couple were named insureds on the automobile policy. After the couple was involved in a traffic wreck, each claimed UIM benefits under the policy. The…
South Florida Personal Injury Lawyers Blog
Court Overturns Summary Judgment in Florida Premises Liability Case
In Cook v. Bay Area Renaissance Festival of Largo, Inc., a visitor to a festival apparently parked in an overflow lot after being directed to do so by an event volunteer. While leaving the festival, the woman reportedly tripped on an exposed pipe while walking on a patch of unpaved…
Florida Court of Appeals Overturns Denial of Workers’ Compensation Benefits Related to Employee’s PTSD
In CVS Caremark Corp. v. McIntosh, a Florida pharmacy worker sought workers’ compensation benefits for her purported post-traumatic stress disorder (“PTSD”) following a work-related incident. Although the worker’s employer initially authorized the employee to seek psychiatric treatment, it later challenged the worker’s request for temporary total disability and inpatient psychiatric…
Florida Court of Appeal Orders Juror Interview Following Car Accident Verdict
In Barrios v. Locastro, two women were involved in a motor vehicle collision in Florida. As a result, one of the drivers apparently suffered a neck injury. Following two surgeries designed to correct her neck harm, the hurt woman filed a personal injury action against the other driver in a…
Florida Appeals Court States Causation Standard Fixed at Time of Workplace Accident
In Broadspire v. Jones, a paper mill employee suffered orthopedic and psychological injuries after he was hurt in a 1981 workplace explosion. After receiving medical care for many years, the man eventually asked to collect attendant care payments for his recently retired wife. The man’s employer denied his request, based…
Florida Supreme Court Rules a Timely Objection to a Jury’s Inconsistent Verdict Must be Made in a Products Liability Case or the Issue is Waived
The Florida Supreme Court has held that a party to a products liability action must make a timely objection to an inconsistent jury verdict before jurors are discharged or the issue is waived. In Coba v. Tricam Industries, Inc., a Florida man was killed after he fell 13 feet from an…
Florida Court Holds Insurer Has No Duty to Defend Rental Car Lessee’s Permitee Following Car Accident
In Allstate Fire and Casualty Ins. Co. v. Paolino, an automobile insurance company issued a liability policy to a couple beginning in July 2011 and terminating on December 25, 2011. The policy listed four motor vehicles and provided bodily injury coverage up to $250,000 for each person and $500,000 per…
Southern District of Florida Grants Summary Judgment in Lawsuit Based on Cruise Ship Excursion Injury
In Wolf v. Celebrity Cruises, Inc., a man apparently suffered an injury while participating in a shore excursion during a cruise to Costa Rica. The man’s wife purchased the cruise ticket from a travel agent before the couple’s departure. Prior to boarding the cruise ship, the man signed a contract…
Appeals Court Overturns Erroneous Decision in Florida Workers’ Compensation Back Injury Case
In Babahmetovic v. Scan Design Florida Inc., a Florida man apparently hurt his back when he lifted a heavy box at work in October 2013. Following his injury, the man’s employer authorized an urgent care facility to provide him with treatment. The facility determined the employee’s back harm was work-related…
Appeals Court Overturns Comparative Negligence Ruling in Florida Premises Liability Case Where Plaintiff Was Wearing High Heels
In Bongiorno v. Americorp, Inc., a Florida woman filed a premises liability claim against a property owner over the injuries she allegedly sustained when she fell on a slippery bathroom floor in the office building where she was employed. In response to the lawsuit, the property owner denied liability for…