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…
South Florida Personal Injury Lawyers Blog
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…
Appeals Court Says Employer Who Failed to Comply With Florida Workers’ Compensation Laws Must Reimburse Hurt Employee
In Fortune v. Gulf Coast Tree Care, Inc., a Florida man’s shoulder became dislocated after he was assaulted while making a work-related delivery to a customer in 2011. Following the incident, the man was treated in an emergency room at a local hospital. After realigning his shoulder, the treating physician…
Appeals Court Overturns $5.9 Million Florida Wrongful Death Verdict Against Tobacco Company
In Aycock v. R.J. Reynolds Tobacco Co., a Florida woman filed a wrongful death case in the Middle District of Florida against a tobacco company over her husband’s 1996 lung cancer death. In her complaint, the woman sought both compensatory and punitive damages from the company that manufactured the cigarettes…
Florida Appeals Court Overturns Denial of Benefits in Miami-Dade Workers’ Compensation Case
Florida’s First District Court of Appeal has reversed a decision denying an advance in workers’ compensation benefits that was rendered by a Judge of Compensation Claims (“JCC”). In Bonner v. Miami Dade Public Schools, an employee who was out of work for about 18 months due to a work-related injury…