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…
South Florida Personal Injury Lawyers Blog
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…
Florida Appeals Court Orders New Trial in Motorcycle Crash Case
Florida’s Second District Court of Appeals has ordered a new trial in a motorcycle collision case. In Shaver v. Carpenter, a motorcycle carrying a husband and wife was struck by an automobile in an intersection. Following the traffic wreck, the couple filed a negligence lawsuit against the driver who allegedly…
Jacksonville Court Rules That Jury Verdict Must be Offset in Underinsured Motorist Coverage Case
In Primo v. State Farm Mutual Automobile Insurance Co., a man was allegedly injured when his car was struck from behind by an underinsured motorist. As a result of the collision, the man received a $10,000 settlement from the negligent driver. After that, the injured man filed a lawsuit in…
Tampa Court Holds Diversity Jurisdiction is Proper in Medical Malpractice Case Where Parties Were Fraudulently Joined
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…
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.…