South Florida Personal Injury Lawyers Blog

Florida’s Rule of Evidence Regarding Witnesses’ Inconsistent Statements

Published on: January 19, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In the initial aftermath of a Florida car accident, everyone’s adrenaline is pumping, and people are not often thinking about the consequences of what they say. Over time, memories tend to fade, and biases may creep into a witness’ thought process. Thus, there is an argument to be made that statements made in the immediate aftermath of an accident are the most reliable. In fact, it is not uncommon for a witness’ testimony at trial to differ from the statement they provided to police in the moments after an accident.Normally, hearsay evidence is prohibited during a trial. Hearsay evidence is an out-of-court statement that is being offered to prove what the statement says. For example, a witness’ statement to police describing how an accident occurred is generally considered inadmissible hearsay. The proper way to get this testimony in would be to call the witness to testify at trial. But what happens when a witness’ testimony changes from the time of the accident to trial?

The Florida Rules of Evidence address this very issue in Rule 90.614. Under Rule 90.614, a party is entitled to cross-examine a witness regarding any prior inconsistent statements they made. Rule 90.614 acts as an exception to the general prohibition on hearsay. Thus, if a witness takes the stand and testifies to something different from what they told police in an accident report, that witness can be questioned about the inconsistency. A recent car accident case illustrates this concept.

Tenant’s Failure-to-Repair Case Against Landlord Permitted to Proceed Toward Trial

Published on: January 16, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Florida landlords are required to take certain precautions when it comes to the safety of the homes they lease to tenants. When a landlord fails to make necessary repairs to a residence or fails to warn a tenant about a known hazard on the property, the landlord may be held financially liable for the tenant’s injuries through a Florida premises liability lawsuit.Earlier this month, a state appellate court issued a written opinion in a personal injury case involving injuries sustained by a tenant as she was entering the residence that she had leased from the defendant landlord. The case presented the court with the opportunity to discuss whether the lower court was correct in dismissing both of the plaintiff’s claims. Ultimately, the court concluded that there was conflicting evidence as to whether the landlord conducted necessary repairs, so the plaintiff’s failure-to-repair claim should not have been dismissed.

The Facts of the Case

The plaintiff rented a home from the defendant. After about 18 months of living in the home, the plaintiff tripped and fell when the heel of her shoe got caught in a crack between the front patio and the top step leading up to the patio.

Court Requires Insurance Company to Extend Coverage to Out-of-State Student in Recent Car Accident Case

Published on: January 12, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, an appellate court issued a written opinion in a Florida car accident case involving an out-of-state student who was listed as a driver on her parents’ Florida insurance policy. The case required the court to determine if the insurance company’s refusal to cover the accident was proper under the insurance contract. Ultimately, the court parsed the language of the insurance policy and determined that the plaintiff should be covered under her parents’ policy.

The Facts of the Case

The plaintiff was originally a resident of Florida but attended college out of the state. Although she had moved away, the plaintiff remained as a listed driver on her parents’ insurance policy. The policy covered both parents as well as the parents’ relatives. As many contracts do, the policy defined the term “relative” to mean either a related person who lived with the parents or an unmarried and un-emancipated minor who is away at college.

While away at school, the plaintiff was involved in a car accident. The accident was undisputedly the fault of the other motorist. However, that motorist did not have car insurance. Thus, the plaintiff filed a claim with her parents’ insurance policy under the uninsured motorist protection clause.

Florida Court Rejects Accident Victim’s Lost Wages Argument as Speculative

Published on: January 9, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, an appellate court issued a written opinion in a Florida car accident case illustrating when certain types of damages are appropriate. The case presented the court with the opportunity to discuss a jury’s verdict that awarded a plaintiff compensation for both future medical expenses as well as lost wages. However, the court concluded that the jury’s verdict insofar as it related to the plaintiff’s lost wages was contrary to the evidence.

The Facts of the Case

The plaintiff was involved in a car accident with the defendant. The defendant admitted that he was responsible for causing the accident, but he argued that the plaintiff’s injuries were not caused by the accident. Thus, the case went to trial on the issue of damages only.

The jury heard evidence from the plaintiff’s expert witness, who testified that the plaintiff would need palliative care. The expert also recommended that the plaintiff undergo a cervical surgery to improve her quality of life. Depending on how the cervical surgery went, the plaintiff may also need a lumbar surgery, although it was too early to tell if such a surgery would be needed. The expert estimated that the costs were as follows:

Court Finds Question of Whether Defendant Had Knowledge of Dangerous Condition Was a Matter for the Jury, Rejecting Defendant’s Motion for Summary Judgment

Published on: January 5, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Before most Florida personal injury cases reach trial, the court hears a motion for summary judgment from at least one of the parties. A motion for summary judgment asks the court to consider all of the uncontested evidence presented by both sides and make a legal ruling in favor of the moving party. Importantly, summary judgment motions can save an immense amount of time if properly filed and litigated. However, it is important to keep in mind that when there is a material issue of contested fact involved in a case, a motion for summary judgment is not appropriate.A recent case illustrated a court’s unwillingness to grant summary judgment to the defendant in a premises liability case when there was a question whether the defendant had knowledge of the dangerous condition causing the plaintiff’s injury.

The Facts of the Case

The plaintiff was visiting the defendant fast-food restaurant with some family members. After placing his order, the defendant began to walk back to the area of the restaurant where the tables were. As he was walking, he thought he heard a restaurant employee call his name. The plaintiff turned around and tripped on the leg of a high chair that was protruding out into the walkway. The plaintiff filed a premises liability lawsuit against the restaurant, arguing that the restaurant’s negligent placement of the high chair resulted in him tripping, falling, and sustaining serious bodily injuries.

Jury Rejects Plaintiff’s Expert Witness’ Testimony in Recent Florida Car Accident Case

Published on: January 2, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, an appellate court issued an opinion in a Florida car accident case requiring the court to determine if a jury was within its right to refuse to award future medical expenses to the plaintiff when the defendant failed to provide contradicting expert testimony. Ultimately, since the plaintiff’s expert’s testimony was “far-from-conclusive,” the court determined that the jury was free to make the decision it did.

The Facts of the Case

The plaintiff was injured in a Florida car accident that was caused by another driver. The at-fault driver either did not have insurance or had insufficient insurance to cover the plaintiff’s injuries, so the plaintiff filed an underinsured/uninsured motorist claim with her own insurance company. The extent of the plaintiff’s injuries were not conclusively established, but it was determined by her neurosurgeon that she suffered from degenerative disc disease.

The insurance company did not contest that the other driver caused the accident, but it claimed that the plaintiff’s injuries were not caused by the accident. In support of its position, the insurance company attempted to present three expert witnesses. However, the court prevented the jury from considering the experts’ testimony.

Court Rejects Plaintiff’s Medical Malpractice Case Against Pharmacy Following Medication Error

Published on: December 26, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, an appellate court in Georgia issued an opinion in a personal injury case that discusses principles that often arise in Florida medical malpractice cases and other personal injury cases. The case required the court to determine if the plaintiff’s evidence gave rise to a case of medical malpractice against the defendant pharmacist in the wake of a medication error. Ultimately, the court concluded that the plaintiff’s testimony failed to establish that the pharmacy violated any professional duty of care, and thus the medical malpractice claim was dismissed.The Facts of the Case

The plaintiff suffered from serious medical issues requiring that he take certain medication. One day, the plaintiff’s wife went to pick up her husband’s prescription from the defendant pharmacy. The plaintiff’s wife was provided a single bag with two bottles inside. Neither bottle had the plaintiff’s name on it, and neither contained the proper medication.

The plaintiff’s wife, not noticing the error, gave the medication to her husband. Later that evening, she found the plaintiff on the floor near the front door to their home. The plaintiff’s wife did not notice anything that could have caused her husband to trip, and she concluded that he fell on his own. The pharmacy error was later discovered, and the couple subsequently filed a personal injury case.

Florida Court Rejects Plaintiff’s Slip-and-Fall Case Due to Lack of Evidence Showing Business’ Knowledge of Hazard

Published on: December 22, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, an appellate court issued a written opinion in a Florida premises liability lawsuit involving a plaintiff who slipped and fell as she was entering the defendant store. Ultimately, the court concluded that the plaintiff’s case should be dismissed because there was no evidence showing that the business owner had actual or constructive knowledge of the hazard causing the plaintiff’s fall.

The Facts of the Case

The plaintiff was accompanying a neighbor to a nearby big-box retail store. As the two arrived, they went to get a shopping cart under the awning immediately outside the store’s entrance. As the plaintiff started to walk toward the store’s entrance, she felt her right leg give out from under her, and she fell on her left knee. The plaintiff was then taken to the hospital and subsequently filed a premises liability lawsuit against the store.

The plaintiff later testified that she did not see the liquid before she fell, that there were no store employees around the liquid at the time of the fall, and that she was not sure what the liquid was or how long it had been there. The store filed a motion for summary judgment, arguing that there was insufficient evidence to find that it had knowledge of the liquid.

South Florida Slip-and-Fall Accidents

Published on: December 19, 2017 | by Friedman Rodman Frank & Estrada, P.A.

As a general rule, Florida landowners have a duty to those whom they invite onto their property to ensure that the property is reasonably safe for their visitors. While the specific level of the duty owed depends on the relationship between the parties as well as the purpose of the visit, in general, landowners must remedy known dangers and warn visitors of those dangers that cannot be fixed.When a visitor is injured on another party’s property, they may be entitled to compensation for their injuries through a South Florida premises liability lawsuit. In order to be successful, a plaintiff must establish that the landowner owed them a duty of care that was breached somehow by the landowner’s conduct, or by the landowner’s failure to take remedial actions. Additionally, a plaintiff must establish a causal link between the landowner’s alleged negligence and the plaintiff’s injuries. A recent case illustrates the type of analysis that courts conduct when viewing premises liability lawsuits.

The Facts of the Case

The plaintiff dropped a trailer off at the defendant tire shop with her brother. The two entered the building, arranged for the repairs, and left without incident. However, upon returning later that afternoon, the plaintiff fell outside the shop as she stepped off the pavement and onto a slightly sloped strip of gravel that ran alongside the edge of the shop. The gravel was placed alongside the building to allow water to drain away from the shop. As a result of the fall, the plaintiff broke a bone in her leg.

Court Holds Jury Should Decide Issue Whether Insurance Company Is on the Hook for Plaintiff’s Future Medical Expenses

Published on: December 15, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing when summary judgment is appropriate in a car accident case involving the payment of future medical expenses. The case illustrates an important concept that is applicable in all Florida car accident cases when the at-fault driver’s insurance company disputes some aspect of the claim.In this case, the court determined that the expert witness testimony presented by the insurance company gave rise to a material issue as to whether the plaintiff’s continued medical care was a result of the accident. As a result, the court reversed a lower court’s decision granting summary judgment in the plaintiff’s favor.

The Facts of the Case

The plaintiff was involved in a car accident with a driver who was insured by the defendant insurance company. The insurance company acknowledged that the other driver was at fault and agreed to pay the plaintiff’s medical expenses in advance. In total, the insurance company covered approximately $53,000 of the plaintiff’s medical expenses.