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…
South Florida Personal Injury Lawyers Blog
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…
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…
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…
$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…