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South Florida Personal Injury Lawyers Blog

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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.…

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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…

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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…

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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,…

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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…

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Florida Appeals Court Overturns Order Compelling Medical Exam in Workers’ Compensation Case

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…

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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…

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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…

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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…

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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,…

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