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South Florida Personal Injury Lawyers Blog

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Northern District of Florida Dismisses Defective Design Case Over Lack of Supporting Evidence

In Witt v. Howmedicall Osteonics Corp., a woman had a medical device surgically implanted into her knee in 2008.  The following year, she had the allegedly defective device removed and underwent total knee replacement surgery. After her second surgical procedure, the woman filed a strict liability and negligence lawsuit against the…

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Florida Court Holds Workers’ Compensation Case May be Time-Barred

In Limith v. Lenox on the Lake, an employee was injured in a Florida workplace accident.  As a result, she filed a petition for benefits in 2011.  A Judge of Compensation Claims (“JCC”) later dismissed the petition but reserved jurisdiction over the employee’s claim for legal fees and costs.  In…

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$1 Million Florida Jury Verdict Overturned After Irrelevant and Prejudicial Evidence Admitted in Car Accident Case

In Hurtado v. DeSouza, a man filed a personal injury claim against another driver after the motorist allegedly struck his stopped vehicle from behind at a traffic light.  Following the apparently minor crash, the man filed a personal injury action in a Florida court against the driver who hit his…

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Florida Appeals Court Refuses to Overturn Jury Verdict in Wrongful Death Lawsuit Where Decedent Was Not Wearing a Seat Belt

In Jones v. Alayon, a Florida driver was hit from behind by an off-duty police officer in a rear-end automobile collision. As a result of the impact, the man’s automobile struck a guard rail and rolled.  The motorist was ejected from his car, and he landed on the roadway.  Tragically,…

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Florida Appeals Court Overturns Denial of Legal Fees in Workers’ Compensation Case

In Cuenca v. Nova Southeastern University, a Florida dental assistant was injured when she suffered a serious allergic reaction at work in 2013. According to the worker’s petition for benefits (“PFB”), the woman’s injury resulted after she came into contact with an adhesive spray during the course of her employment.…

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Southern District of Florida Rules Cruise Ship Passenger Failed to Establish Negligence Following Injury Accident

In Poole v. Carnival Corp., a woman was allegedly injured while traveling aboard a cruise ship. According to the woman, she suffered serious harm when she walked into a glass door. Although the woman claimed she did not know if the door she walked into had a frame on it,…

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Florida Court Refuses to Dismiss First-Party Bad-Faith Claim Filed Against Auto Insurer

In Baham v. Property & Casualty Insurance Co. of Hartford, a motorist was involved in a traffic wreck that was apparently caused by another driver. At the time of the crash, the at-fault driver carried $25,000 in bodily injury liability insurance. Since this amount was allegedly insufficient to cover the…

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Florida Appeals Court Holds Policy History is Irrelevant Where PIP Insurance was Cancelled for Nonpayment

In Government Employees Insurance Company v. Kisha, a Florida couple purchased automobile insurance from an insurer for a designated policy period of December 2010 through June 2011. In lieu of making one premium payment, the couple opted to make recurring monthly payments to the company. After the couple failed to…

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Florida Appellate Court Overturns Order Denying Temporary Total Disability Workers’ Compensation Benefits

In Perez v. Southeastern Freight Lines, Inc., a Florida man was injured in a workplace accident. After the incident occurred, the man’s employer stipulated that his injury was compensable under state workers’ compensation laws. Despite this, a Judge of Compensation Claims (“JCC”) denied the injured worker’s request for temporary total…

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Appeals Court Overturns Jury Verdict in Florida Failure to Warn Lawsuit

In Trek Bicycle Corp. v. Miguelez, a Florida man apparently sustained personal injuries when the road bicycle he was riding suddenly stopped after an unspecified object became caught in the spokes. As a result of his harm, the man filed a failure to warn, products liability, and defective design and…

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