In Millard Mall Service, Inc. v. Bolda, a woman filed a lawsuit against the owner of a shopping mall after she sustained an injury in a March 2011 slip and fall accident. In support of her case, the woman requested certain documents from the mall owner. As part of a…
South Florida Personal Injury Lawyers Blog
Middle District of Florida Denies Motion for Summary Judgment in Bad Faith Insurance Case
In Taylor v. Geico Indemnity Co., a driver was involved in an at-fault motor vehicle collision with a motorcyclist. Following the traffic wreck, the biker was treated for numerous broken bones. The motorcyclist elected to receive compensation from his own motor vehicle insurer, which would then seek subrogation from the at-fault…
Order Denying Florida Workers’ Compensation Benefits Advance Request is a Final Order for Purposes of Appeal
In Shannon v. Cheney Bros., Inc., a man suffered a workplace back injury in October 2010. The man’s employer accepted liability for the injury and authorized the employee to seek medical treatment. Later, the employee was involved in a traffic collision that was not related to work. As a result…
Northern District of Florida Rules Bad Faith Insurance Case Was Filed Prematurely
In Mann v. Taylor, a woman was hurt in a traffic collision that was allegedly caused by another driver. As a result of her accident, she filed a negligence lawsuit against the at-fault motorist in a Florida court. The injured woman also sought uninsured motorist benefits from her own automobile…
Florida Court Reminds Plaintiffs General Maritime Law Does Not Recognize a Loss of Consortium Cause of Action
The Southern District of Florida has dismissed a breach of contract and loss of consortium claim that was filed against a cruise ship company. In Friedhofer v. NCL Ltd., two women apparently suffered damage to their hair while traveling aboard a cruise ship. As a result, the women and their…
Order Providing Discounted Benefits for Pre-Existing Condition Overturned in Florida Workers’ Compensation Case
In City of Fort Pierce v. Spence, an employee was hurt in a 2012 work-related car accident. Following the collision, the man’s employer admitted that his claim was compensable. An authorized physician recommended that the worker undergo a number of procedures on his back, including facet injections and orthopedic surgery.…
Appellate Court Holds Negligent Security Plaintiff’s Status is Relevant in Lawsuit Against Florida Apartment Complex
A Florida appeals court has found that a negligent security plaintiff’s status on the land is relevant. In Nicholson v. Stonybrook Apartments, LLC, a woman was shot while attending a party in the common area of an apartment complex. Following the incident, the woman filed a negligence lawsuit against the complex…
Florida’s Second District Reverses Over Trial Court’s Erroneous PIP Offset Ruling
In Moody v. Dorsett, a man was hurt in a motor vehicle collision that a jury determined was caused by another driver. As a result, jurors returned a verdict of about $11,000 against the negligent woman. Prior to trial, the man received approximately $5,500 in personal injury protection (“PIP”) benefits…
Southern District of Florida Holds UIM Benefits Case Must be Adjudicated Before Bad Faith Insurance Claim May be Considered
In Shapiro v. Government Employees Insurance Co., a couple was seriously injured in a Florida automobile accident that was caused by an uninsured motorist. At the time of the collision, the hurt individuals maintained an uninsured and underinsured motorist (“UIM”) policy on each of their vehicles. Following the automobile crash,…
Appellate Court Affirms Legal Fees Award for Plaintiffs in Florida Medical Malpractice Case
In Duong v. Ziadie, a woman filed a medical malpractice lawsuit on behalf of her incapacitated son against his doctor, the practice where the doctor was employed, and other defendants. According to the woman’s complaint, the physician’s negligent care caused her son to become permanently paralyzed. In her lawsuit, the…