In Jackson v. Columbia Pictures, a Florida man suffered a traumatic brain injury in 1986 when he fell more than 20 feet at work. Two years later, the brain-damaged worker reached “maximum medical improvement.” Eventually, the hurt man received a workers’ compensation award that included any attendant care benefits that…
South Florida Personal Injury Lawyers Blog
Appellate Court Refuses to Overturn Discovery Order Compelling Production of Social Media Photos in Florida Slip and Fall Case
Florida’s Fourth District Court of Appeal has refused to overturn a unique discovery order in a premises liability action. In Nucci v. Target Corp., a woman allegedly slipped and fell on a foreign substance while shopping at a Florida department store in 2010. Following the incident, she filed a premises…
Southern District of Florida Refuses to Dismiss Negligence Claims Against Cruise Ship Over Shore Excursion Accident
In Ash v. Royal Caribbean Cruises Ltd., 28 cruise ship passengers were reportedly injured in a bus crash in St. Maarten. Prior to the accident, each individual purchased tickets for a related excursion from a St. Maarten tour provider that contracted with the cruise ship company. The tour provider then…
Appeals Court Says Video Deposition Evidence May be Used During Closing Argument in Florida
Florida’s First District has refused to order a new trial in a truck accident case. In Borden Dairy Co. of Alabama, LLC v. Kuhajda, a woman was apparently hurt in a Florida traffic collision that was caused by the driver of a 30-foot delivery truck. Following the accident, the woman…
First District Appellate Court Affirms Decision Denying Florida Workers’ Compensation Benefits Over Employee Misrepresentation
In Clark v. R&L Carriers, a semi-truck driver was allegedly injured on the job in two separate traffic collisions in 2012. According to the trucker, he suffered serious neck, back, and shoulder injuries in the two accidents. Following the crashes, the man’s employer authorized medical care for both incidents. Later,…
Appellate Court Rules Negligence Case Against Hospital is Not Subject to Florida Medical Malpractice Act
Florida’s Fifth Circuit Court of Appeal has refused to grant a hospital’s petition for a writ of certiorari. In Holmes Regional Medical Center, Inc. v. Dumigan, a man was apparently injured by a drug that was used on him during a surgical procedure even though it was previously recalled. As a…
Florida Appeals Court Holds Auto Insurer is Not Liable for PIP Benefits Above the Statutory Maximum Absent Bad Faith
In Geico Indemnity Co. v. Gables Ins. Recovery, Inc., a woman was hurt in a motor vehicle collision. Following the accident, she obtained medical treatment and assigned the personal injury protection (“PIP”) benefits provided by her car insurance company to the business that performed her x-rays. The company then assigned…
Florida’s Fifth District Refuses to Consider Unpreserved Liability Issue in Car Accident Case
In Witherell v. Larimer, a young woman apparently struck a male pedestrian while driving her mother’s automobile. As a result, the man filed a personal injury lawsuit against the driver and her mother in a Florida court. At trial, both parties claimed the other was responsible for the injury accident.…
Florida Appellate Court Reverses Directed Verdict in Favor of Tobacco Company in Negligence and Strict Liability Case
In Whitney v. RJ Reynolds Tobacco Co., a woman filed a strict liability and negligence lawsuit against a tobacco company in a Florida state court over the company’s allegedly defectively designed cigarettes. According to the woman, the design defects made her more apt to become addicted to cigarette smoking. As…
Supreme Court of Florida Holds Deceased Worker’s Estate Cannot Recover Tort Judgment from Employer’s Insurance Company
In Morales v. Zenith Ins. Co., a Florida man was tragically killed in a workplace accident. Following the fatal incident, the decedent’s wife agreed to a workers’ compensation settlement with the man’s employer and the employer’s insurance company. The wife also signed a release stating the settlement was the sole…