In a 2012 case, a plaintiff appealed a final judgment that entered a defense verdict for a hospital in her wrongful death case. The case arose when her husband went in for back surgery and died the next day from cardiac arrhythmia. After that, the plaintiff sued the hospital for…
South Florida Personal Injury Lawyers Blog
Establishing Constructive Knowledge in Florida
In a recent case, a man appealed a grant of summary judgment as to one of the causes of action in his slip and fall case. The case arose at a country club where the man was an invitee. There was a slippery substance on the dance floor and the…
Causation in Medical Negligence Cases in Florida
In a 2012 case, a medical center appealed after it was found liable for medical and nursing negligence that had caused a patient’s death. It argued that the plaintiff failed to show its nursing staff was negligent or that if the negligence had not happened, the woman more likely than…
Slip and Fall at a Florida Gas Station
In a recent case, a couple appealed a final summary judgment in a travel center’s favor. They had also wanted to amend the complaint to include punitive damages, but were denied. The case arose when a man slipped on diesel fuel that had spilled at a service station. He sued…
Releases for Dangerous Activities in Florida
In a recent case, a man whose wife drowned while scuba diving in 2010 appealed the court’s granting of summary judgment in favor of the recreational diving operation Key Dives. The wife had drowned at the start of an advanced open water dive to an underwater wreck. It was Key…
“Stand Your Ground” and Personal Injury Cases
In a recent case, a roofing company defendant and Jose Alvarez asked the appellate court to review an order denying a motion to dismiss a civil action brought under the provisions of the Florida Stand Your Ground Law. The trial court denied the motion without holding an evidentiary hearing to…
Birth Injuries in Florida
In a recent case the parents of a child with birth defects sued an ob-gyn and the woman’s health clinic where she worked for medical malpractice. The child had severe birth defects that the parents believed were caused by a drug the woman had stared taking again in order to…
Employer Liability for Rental Car Accident in Florida
In a recent case the Florida plaintiffs were injured in a car accident involving a rental car. The rental car was paid for by the employer Bell Partners and authorized for its employee to drive for business purposes. However, at the time of the accident it was driven by the…
Negligence Per Se in Florida Escalator Injury Case
In a 2010 case, a woman appealed from a judgment entered after directed verdict in a personal injury case. The woman had sued an elevator corporation and Miami Dade County after she fell on an escalator at the airport. She claimed the escalator had stopped abruptly. She had fallen. The…
Can a Florida Co-Owner of a Car Avoid Vicarious Liability for an Accident?
In a recent case, the Florida Supreme Court answered a certified question on the question of whether a co-owner of a car could avoid vicarious liability by claiming he didn’t intend to be owner of the vehicle and had relinquished control to a co-owner. Robert Christensen paid for a Chrysler…