In a recent case, a woman appealed form summary judgment entered in favor of a general contractor for whom her husband had worked. The case arose when the general contractor was managing a project at a processing plant in Miami. A plumbing company and its supplier was also on the…
In a recent case an insurer filed a motion for rehearing on a dog bite case. The case arose out of a living situation in which a woman and her two sons lived with the woman’s boyfriend and his two dogs. One day as the woman was dressing one of…
While landowners in Florida have a responsibility to maintain their property in a safe condition or warn of nonobvious dangers, this duty may not apply if you are walking someplace on the property you are not supposed to be, such as landscaped areas, when other options are available. In a…
Stacking inferences is impermissible in Florida personal injury cases, but a defendant may not frame a single inference as multiple inferences in order to defeat a plaintiff’s claim. In a recent case that illustrates this point, a Florida appellate court considered a single-vehicle accident that happened on a part of…
Wrongful birth is a type of medical malpractice in which parents argue that negligent advice took away their chance to stop conception or terminate the pregnancy. In a recent wrongful birth case, an obstetrics and gynecology group and doctor appealed a final judgment in a medical malpractice action in which…
Sometimes settlement with one defendant in a case is appropriate while settlement with another defendant cannot be reached. In those cases, a plaintiff can proceed to trial against one of the defendants while settling with the other and dismissing him or her. One concern a plaintiff may have in such…
Tragically, many car accident fatalities occur because of drug or alcohol intoxication. Under what circumstances does evidence of drug or alcohol intoxication stay out of a trial proceeding? A recent case illustrates how a defendant can keep evidence of intoxication from the jury by admitting liability. The case arose when…
Medical malpractice cases in Florida can be complicated and it’s important to retain an attorney with experience to help make sure you meet all the requirements, including the notice requirement. In a recent case, a married couple challenged the trial court’s order granting summary judgment to a doctor and radiologist…
If you are thinking about filing a personal injury lawsuit in Florida, you may be wondering what happens after the complaint is filed. Unlike what happens in legal dramas seen on television, personal injury lawsuits can take a long time to be resolved. During the course of the lawsuit, after…
Under section 95.11(4)(b) of the Florida Statutes, a plaintiff must bring his or her action for medical malpractice within 2 years from the time of the incident that gave rise to the lawsuit or within 2 years from the time the incident was discovered if due diligence were exercised. In…