In L.E. Myers Co. v. Young, a business contracted with a Florida utility company to install several new power poles in Manatee County, Florida. As part of the contract, the business was tasked with installing four 85-foot-long concrete poles that weighed about 21,000 pounds each along a Bradenton street in compliance…
South Florida Personal Injury Lawyers Blog
Not All Evidence is Admissible in a South Florida Car Accident Case
In Frost v. McNeilus, two defendants admitted to liability for a Florida motor vehicle collision that resulted in injuries to a plaintiff. Although the parties came to an agreement regarding the amount of past medical bills the plaintiff was entitled to receive, they disagreed about her future medical expenses as…
Florida Supreme Court Says Auto Insurer Issued New Policy When it Changed the Sole Named Insured in UM Benefits Dispute
The Supreme Court of Florida has resolved a conflict between two District Courts of Appeal in an uninsured motorist insurance dispute. In Chase v. Horace Mann Insurance Co., a man purchased motor vehicle insurance with bodily injury liability limits of $100,000 per person and $300,000 per accident from an insurance…
First District Court of Appeal in Florida Overturns Summary Judgment in Favor of Auto Insurer Despite That Applicant Made Material Misrepresentations
In Echo v. MGA Insurance Co., Inc., a Florida woman purchased an automobile using another individual’s name. Despite doing so, she obtained a motor vehicle insurance policy on the vehicle in her own name. In her application, the woman stated she was the owner of the insured vehicle and the…
Florida Appeals Court Holds Employer May Select Different UIM Policy Limits for its Insureds
In Germany v. Darby, a Florida man was hurt in a work-related motor vehicle collision that was caused by an uninsured driver. At the time of the traffic wreck, the man was driving a car that was owned by his employer. The employer carried an underinsured and uninsured motorist (“UIM”)…
Florida’s Fourth District Holds Information Prepared in Anticipation of Litigation is Not Discoverable in Slip and Fall Case
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…
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…