The United States District Court for the Southern District of Florida has overturned a jury’s award of approximately $15.8 million in non-economic damages in a wrongful death lawsuit. In Wisekal v. Laboratory Corp. of America Holdings, a laboratory processed two cancer screening tests for a Wellington woman over the course…
South Florida Personal Injury Lawyers Blog
11th Circuit Says Florida Workers’ Compensation Laws Apply to Temporary Driver Injured in Dump Truck Crash: Wesco Insurance Co. v. Casto
In Wesco Insurance Co. v. Casto, a man sued a Florida company in federal court for personal injuries he allegedly suffered in a collision while driving a dump truck that was owned by the company. In response to the lawsuit, the company sought defense and indemnity from its motor vehicle insurer.…
Orlando Court Rules on Evidentiary Issues in Bad Faith Insurance Case: Soto v. GEICO Indemnity Co.
The Middle District of Florida in Orlando has refused to allow an automobile insurance company to introduce certain evidence in a bad faith insurance lawsuit. In Soto v. GEICO Indemnity Co., two drivers were involved in a motor vehicle accident in Volusia County, Florida. At the time of the crash,…
Florida Court Dismisses Slip-and-Fall Case Against Cruise Line: Torres v. Carnival Corp.
The Southern District of Florida has dismissed a slip-and-fall case against a cruise ship operator. In Torres v. Carnival Corp., a passenger on a cruise ship filed a negligence and failure to warn lawsuit against the company that owns the vessel on which she traveled, seeking damages for the injuries…
Tampa Court Dismisses Case Against Insurer’s Parent Company: Patoo Enterprises, Inc. v. Landmark American Ins. Co.
The United States District Court for the Middle District of Florida in Tampa has dismissed a lawsuit that was filed against the parent company of an insurer. In Patoo Enterprises, Inc. v. Landmark American Ins. Co., a licensed transportation broker purchased a commercial liability insurance policy from Landmark American Insurance.…
Florida Appeals Court Affirms Jury Decision in Wrongful Death Case Against Tobacco Companies: Philip Morris USA Inc. v. Buchanan
Florida’s First District Court of Appeals has affirmed a wrongful death judgment entered against two tobacco companies. In Philip Morris USA Inc. v. Buchanan, the personal representative of a deceased man sued both Philip Morris and the Liggett Group over her husband’s wrongful death. After jurors entered judgment against the…
Florida Federal Court Discusses Constructive Notice in Premises Liability Case: Feliciano v. Target Corp.
In Feliciano v. Target Corp., a woman was allegedly injured when she slipped and fell on a clear liquid while visiting an Estero department store. According to the woman, she failed to notice the notebook-sized pool of liquid on the floor because she was looking ahead, and it was obscured…
Florida Appeals Court Refuses to Order Neurological Exam Absent Good Cause in Negligence Case: Gray v. Richbell
In Gray v. Richbell, a woman was killed when her automobile was rear-ended by another car as she passed a tractor-trailer. The force of the impact apparently caused the woman to lose control of her vehicle and drive into oncoming traffic, where she collided head-on with a truck. Following the…
Florida Appeals Court Affirms Workers’ Compensation Benefits for Sheriff’s Deputy Injured in a Semi-Truck Crash While Commuting: Levy County Sheriff’s Office v. Allen
Florida’s First District Court of Appeal has affirmed an order granting workers’ compensation benefits to a sheriff’s deputy who was hurt on his way to work. In Levy County Sheriff’s Office v. Allen, a deputy employed by the Levy County Sheriff’s Office for more than 41 years was traveling to…
Federal Court in Tampa Remands Bad Faith Auto Insurance Case Back to Pinellas County Court
The United States District Court for the Middle District of Florida in Tampa has remanded a personal injury and bad faith automobile insurance case back to state court. In Hall v. State Farm Mutual Automobile Insurance Co., a woman filed a lawsuit in Pinellas County Circuit Court against her automobile…