In a recent case, a Florida appellate court considered a tragic shooting incident whereby a couple’s 35-year-old son Paul shot and killed his family members at Thanksgiving. Sixteen family members were in attendance. The couple attended every year, but their son didn’t. In fact, the year before, the host had…
Judicial estoppel in Florida may be found where a party has previously maintained an inconsistent claim or position as a preliminary matter or part of a final disposition in a judicial proceeding. A party is “estopped” from maintaining the later inconsistent position. In a recent case, a Florida husband and…
In a recent case, a Florida appellate court considered a personal injury case in which it was alleged the plaintiff had committed a fraud upon the court. The plaintiff had sued the defendant after a car crash in January 2010, claiming injuries to his neck and back. He had a…
Roll-over cases in Florida involving both negligent driving and product defects can be complex and challenging because different standards apply to different aspects of the case. In a 2012 case, a woman tried to recover damages for injuries she suffered in a car accident. She had been hurt in a…
Boating for recreation is common in Florida. If an accident arises while boating, what law applies? Whether maritime law applies depends upon the body of water involved. In a 2009 case a personal representative of a decedent’s estate brought a lawsuit for personal injuries sustained by the decedent in a…
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…