Car Accident

State Supreme Court Agrees Landowner is Not Responsible for Auto Accident Caused by Tenant’s Escaped Horse

Published on: April 4, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of the state of Vermont recently released a decision affirming a lower court’s ruling that the owner of a piece of property would not be held legally responsible for injuries that were caused in an auto accident after a horse escaped from the owner’s property and was hit by a driver. The plaintiff in the case of Deveneau v. Weilt was injured one night after he was unable to avoid a collision with the animal on a road adjacent to the property from which the horse had escaped. The plaintiff filed a negligence lawsuit against both the owner of the property and the owner of the horse, who was a tenant of the property owner, and sought damages to compensate him for his injuries and other costs that were incurred in the accident.The Horse Owner’s Agreement with the Property Owner to Pasture the Horses

The agreement between the property owner and the tenant concerning the pasturing of horses on the land was an important factor in the court’s decision in this case. According to the Court’s written ruling, the property owner agreed to allow the tenant to pasture two horses on the rented land “on the condition that [the tenant] take responsibility for all care of the horses and maintain a fence to keep them enclosed.” The tenant constructed a temporary electric fence to keep the horses enclosed, which was electrified through solar power, but the owner had no knowledge of the design or construction of the fence. Although the functionality of the fence was not a controlling factor in the court’s decision regarding the landowner’s liability, it had not been determined if the fence was electrified at the time of the collision.

Defense Verdict Reversed in Road Rage Case Based on Withheld Information

Published on: March 15, 2016 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a West Virginia appellate court issued an opinion in a case that arose after a hated exchange between two motorists caused a truck driver to crash. In the case, Phillips v. Stear, the lower court entered a verdict in favor of the defense. However, on appeal that verdict was reversed based on the defendant’s failure to disclose information about his driving history.

A Road Rage Situation Culminates in a Crash

The plaintiff was driving on a West Virginia highway when another motorist pulled in front of him, gave him the “finger,” and then slammed on his brakes. In an attempt to avoid what he thought would be a certain collision, the truck driver also slammed on his brakes. However, this caused him to lose control of the truck and an accident ensued.

The other motorist sped off. However, a witness to the accident followed the motorist and called police, giving authorities the car’s license plate information. Eventually police were able to locate the driver, who was cited for improper lane change. The plaintiff filed a lawsuit against the other driver.

Florida Accident Victim’s Bad-Faith Claim Against Insurance Company Results in $1 Million Verdict

Published on: March 11, 2016 | by Friedman Rodman Frank & Estrada, P.A.

Insurance companies can be difficult to deal with. Whether it is an aggressive representative trying to get an accident victim to settle a case for a low-ball amount or a claims adjuster denying a seemingly valid request for compensation, insurance companies are not known for their customer service. In fact, in many cases people have to turn to the courts to enforce their own insurance policy against the insurance company. That is exactly what happened in a recent case in front of the Florida Supreme Court.In the case, Fridman v. Safeco Insurance Company of Illinois, the plaintiff was hit by an underinsured motorist and turned to his own insurance company, Safeco, for help. However, Safeco denied the plaintiff’s claim. After continuing to try and get a response for several years, the plaintiff finally filed a lawsuit against Safeco, compelling them to deal with the claim. The lawsuit was filed pursuant to a statute that allowed for recovery in excess of the policy limit.

Shortly after the lawsuit was filed, Safeco sent the plaintiff a check for $50,000 in an attempt to pay out the claim. However, at this point the plaintiff rejected the check, and opted to have a jury determine how much he was entitled to. The case proceeded to trial, where a jury awarded the plaintiff $1 million. Safeco appealed to the intermediate appellate court, which reversed the lower court’s opinion, and held that the $50,000 check given to the plaintiff was, in effect, a settlement that prevented the case from proceeding toward trial. The plaintiff then appealed to the Florida Supreme Court.

Tampa Court Declines to Dismiss Class Action Lawsuit Filed Over Car Accident Victim PIP Payments

Published on: March 4, 2016 | by Friedman Rodman Frank & Estrada, P.A.

In AA Suncoast Chiropractic Clinic, PA v. Progressive America Ins. Co., a group of Florida chiropractic clinics filed a class action lawsuit against an insurance company, claiming the insurer breached its contract when it failed to reimburse the medical providers for the care each provided following various motor vehicle collisions.

Under Florida law, motorists are required to carry no-fault personal injury protection (PIP) coverage of $10,000 in order to pay for emergency medical treatment. According to the group of chiropractic clinics, the insurer reclassified the treatment each insured person at issue received as non-emergency care after the insureds were treated. As a result, the insurance company allegedly opted to reduce the PIP policy limits to $2,500, pursuant to Section 627.736 of the Florida Statutes. After doing so, the insurer denied full payment to the clinics. In their complaint, the group of clinics sought both declaratory and injunctive relief.

Miami Court Examines Factors to Consider When Reviewing a Motion to Transfer Venue Following Unfortunate Car Accident

Published on: January 26, 2016 | by Friedman Rodman Frank & Estrada, P.A.

In Morrissey v. Subaru of America, Inc., a couple was injured when the vehicle one spouse was driving unexpectedly accelerated and collided with a stone fence in the United States Virgin Islands. Sadly, the wife was left permanently paralyzed as a result of the crash. Following the incident, the couple filed a lawsuit in the Southern District of Florida against the Japanese automobile manufacturer, the company’s U.S. distributor, and the dealership that sold the vehicle to its original owners.

In the couple’s complaint, they accused the defendants of negligence per se, failure to warn, negligently designing and manufacturing the vehicle, strict liability, and breach of warranty. The husband also sought damages for his loss of consortium.

Jury’s Pain and Suffering Award Upheld Following Miami-Dade County Car Accident

Published on: January 7, 2016 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s Third District Court of Appeal has reinstated a jury’s award in a traffic accident case. In Ortega v. Belony, a Florida man suffered a broken neck in a Miami-Dade County automobile collision. Following the car accident, the man was hospitalized for eight days and wore a medical halo device for about three months. The man also refused to undergo the neck surgery that was recommended by his treating doctors.

While recuperating, the injured man apparently moved into a relative’s home, where he received assistance with his daily needs from his brother. According to the man, he suffered from sleeping difficulties and was forced to return to the hospital in order to have his halo adjusted. After the medical device was removed, the man reportedly suffered from mild neck discomfort and residual back pain. Despite this, the man’s physicians did not recommend further treatment for his traffic wreck injuries.

Middle District of Florida Remands Negligence Lawsuit Back to State Court

Published on: December 14, 2015 | by Friedman Rodman Frank & Estrada, P.A.

The Middle District of Florida in Fort Myers has remanded a car accident case back to state court after the defendants failed to establish that the amount in controversy exceeded the federal diversity jurisdiction requirements enumerated in 28 U.S.C. § 1441(a). In Bess v. Day, a Florida man was apparently injured in a car accident that was allegedly caused by a Canadian citizen. Following the crash, the hurt man filed a negligence complaint against the driver and his spouse in a Florida court. The defendants then removed the case to the Middle District of Florida based on diversity of citizenship. Under federal law, diversity jurisdiction exists when the parties to a lawsuit are citizens of different states and the amount of damages exceeds $75,000.

In response to the defendants’ removal, the injured man filed a motion for remand back to state court. According to the man, the defendants failed to establish that the amount in controversy in the case was more than $75,000. The federal court stated removal statutes must be narrowly construed by courts, and any ambiguities are required to be resolved in favor of remanding a case back to state court. In addition, the Middle District said the party who seeks to remove a lawsuit to federal court bears the burden of establishing that removal is appropriate.

Florida Appeals Court Affirms Summary Judgment in Fatal Pedestrian Accident Case

Published on: December 11, 2015 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s Second District Court of Appeal has affirmed a trial court’s order granting summary judgment in a fatal pedestrian accident case. In Panzera v. O’Neal, a man was unfortunately struck by a semi-truck while attempting to cross Interstate 75 on foot in 2011. Following the crash, the man’s estate filed a negligence lawsuit, seeking damages from the truck driver and the supermarket chain that employed him. In response, the defendants filed a motion for summary judgment.

In general, a motion for summary judgment asks a court to rule that there are no material facts in dispute and declare that the moving party is entitled to judgment as a matter of law. When reviewing such a motion, a court is required to view all information offered in the most favorable light for the non-moving party. If a material fact is in dispute, a motion for summary judgment should not be granted.

Middle District of Florida Holds Bad Faith Insurance Claim Should be Decided by a Jury

Published on: December 4, 2015 | by Friedman Rodman Frank & Estrada, P.A.

The Middle District of Florida has denied a defendant’s motion for summary judgment in a bad faith insurance lawsuit. In Hines v. Geico Indemnity Co., a Florida woman apparently caused a motor vehicle collision while driving a car that was owned by her husband. At the time, the vehicle carried liability coverage with bodily injury limits of $25,000 per person and $50,000 per incident. Following the car accident, the wife was arrested for driving while intoxicated.

After the crash, the other motorist retained a lawyer to represent her in the case. The driver’s attorney then offered to settle her claim against the couple and their insurance company for the bodily injury policy limits of $25,000. The attorney also submitted medical and other evidence in support of the driver’s request for damages. The couple’s insurer responded by stating the driver’s personal injury protection coverage already paid her $10,000. In addition, the insurance company offered to pay the injured motorist $3,500 to resolve her claim.

Florida Appeals Court Overturns Unsupported Additur Award in Traffic Wreck Case

Published on: December 1, 2015 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s Fourth District Court of Appeals has overturned an additur award after the trial court failed to provide its findings in support of the additional damages. In Ferrer v. La Serna, a woman was apparently injured when her vehicle was struck by another car in Florida. A few days after the traffic collision, the woman sought medical treatment from her physician. The doctor diagnosed the woman with a neck injury and found that the woman’s spine was afflicted with a degenerative condition. According to the physician, although the crash did not cause the degenerative condition, it did cause the woman to begin suffering symptoms.

The woman’s doctor recommended that she refrain from receiving chiropractic care for her car accident injuries. According to the physician, such adjustments could potentially aggravate her underlying spinal condition. Against the advice of her doctor, the woman purportedly saw a chiropractor several times per week for multiple months.