In Byrnes v. Small, a Florida woman was allegedly injured in 2006 by a medical product that was implanted into her spine in a manner that was not approved by the nation’s Food and Drug Administration. In 2014, the allegedly injured woman filed a personal injury lawsuit against the company…
South Florida Personal Injury Lawyers Blog
Florida Federal Court Refuses to Dismiss Statutory Bad Faith Claim Arising Out of Broward County Car Accident
In Eads v. Allstate Indemnity Co., a Florida woman was permanently injured when the motor vehicle she was traveling in was struck while stopped at a red light in Broward County. The unfortunate car accident apparently hurt at least seven people. Following the collision, the seriously harmed woman and six…
Florida’s Fourth District Discusses Essential Elements of a Settlement Agreement in Tragic Auto Accident Case
In Thompson v. Estate of Maurice, a young man was unfortunately killed while riding as a passenger in an automobile. Following the collision, the decedent’s parents demanded payment from the liability insurance company that provided coverage for the vehicle. The letter included a settlement offer that expired in one month.…
Appellate Court Holds Videotaped Depositions May be a Reimbursable Litigation Expense Under Florida Workers’ Compensation Statute
In Lane v. Workforce Business Services, Inc., a man sought benefits from his employer under Chapter 440 of the Florida Statutes after he suffered an injury at work. The hurt worker filed a petition seeking a determination regarding his entitlement to workers’ compensation benefits after his employer refused to compensate…
Florida Appeals Court Says Summary Judgment Was Not Proper in Car Accident Dispute
Florida’s Fourth District Court of Appeal has reversed and remanded a trial court’s order granting summary judgment in an insurance dispute. In Allstate Insurance Co. v. Manzo-Pianelli, a woman who was operating an insured motor vehicle with permission was involved in a car accident with another automobile. At the time…
Southern District of Florida Refuses to Dismiss Negligence Lawsuit Filed Against Cruise Ship Company
The Southern District of Florida has refused to dismiss a slip-and-fall case that was filed against a cruise ship company. In Young v. Carnival Corp., a woman filed a negligence lawsuit against the cruise line she traveled with in a Florida federal court. According to her complaint, the woman was…
Florida Supreme Court Answers Two Certified Questions Over Uninsured Motorist Benefits
In Travelers Commercial Insurance Co. v. Harrington, a woman was seriously hurt in a one-car accident while riding as a passenger in her father’s car. The man driving the automobile was not related to the woman, but he was driving the vehicle with her father’s permission. At the time of…
Tampa Federal Court Allows Untimely Expert Testimony in Bad Faith Insurance Case
In Hayas v. GEICO General Insurance Co., a man negligently caused a motor vehicle collision that tragically killed another individual. When the traffic wreck occurred, the man carried liability insurance that was limited to $100,000 per person and $300,000 per incident. Following the fatal crash, the decedent’s estate filed a…
Florida Appeals Court Holds Medical Malpractice Law Does Not Apply Where Organs Were Cremated Following Autopsy
In Winter Haven Hospital, Inc. v. Liles, a 49-year-old Florida woman died after receiving treatment for shortness of breath in an emergency room at a hospital. Following the woman’s death, her daughter signed a form providing the hospital with permission to perform an autopsy. The form stated the institution was…
Tampa Federal Court Remands Medical Device Products Liability Case Back to Sarasota County
The Middle District of Florida in Tampa has remanded a products liability case back to state court. In Wier v. DePuy Orthopaedics, Inc., a man was allegedly hurt by a medical device that was surgically implanted in his hip. As a result, he filed a lawsuit against the manufacturer of…