South Florida Personal Injury Lawyers Blog

Court Orders New Trial in Medical Malpractice Case After Jury Returns Zero-Dollar Damages Award for Plaintiff’s Pain and Suffering

Published on: May 22, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this year, a state appellate court issued a written opinion that raised an interesting issue that comes up in Florida personal injury cases from time to time. The case presented the court with the opportunity to discuss under which circumstances a jury’s zero-dollar damages award is insufficient as a matter of law and must be rejected.

The Facts of the Case

The plaintiff woke up one evening with an excruciating headache, the worst she had ever experienced. She began to vomit and was also nauseous. Her symptoms did not subside after two days, and at that point, she went to the defendant hospital, thinking she had a bad case of food poisoning.

Despite telling the nurses that she had a terrible headache, that fact was not documented in the plaintiff’s chart. Instead, the plaintiff’s chart contained notes of gastrointestinal symptoms. The plaintiff was eventually released from the hospital without a diagnosis and was instructed to follow up with a primary care doctor in the near future.

Court Rejects Underinsured Motorist Claim Following Horse-Drawn Carriage Accident

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

Recently, a state appellate court issued a written opinion in a personal injury case involving an interesting insurance issue that can come up in many Florida car accident cases. The case required the court to determine if the defendant insurance company was proper to deny the plaintiffs’ claims arising from a rear-end accident involving a horse-drawn carriage.Ultimately, the court concluded that one plaintiff’s claims could proceed to trial for a determination of whether coverage existed, while the other plaintiff’s claims were insufficient as a matter of law.

The Facts of the Case

The plaintiffs were the driver and passenger of a horse-drawn carriage that was rear-ended after participating in a Christmas parade. The passenger-plaintiff was injured in the collision and filed a claim against the driver-plaintiff. That claim is not the subject of this case.

Florida’s Recreational-Use Statute May Prevent Some Victims from Recovering Compensation for Their Injuries

Published on: May 15, 2018 | by Friedman Rodman Frank & Estrada, P.A.

As a general rule, landowners have a duty to make sure that their property is safe for those whom they invite onto their land. If someone is injured due to a landowner’s negligence, the injured party can pursue a Florida premises liability lawsuit against the landowner.However, Florida lawmakers have established certain exceptions to this general rule. One such exception is contained in Florida Statutes section 375.251, also known as Florida’s recreational-use statute. The recreational-use statute grants immunity to certain landowners who open up their land for the free recreational use of the public. Specifically, the statute explains that qualifying landowners do not make any assurances that the land is safe, do not incur a duty of care to those who use the land, and will not be liable to anyone for injuries caused by their own negligence while on the land.

That being said, even a qualifying landowner is not immune from liability for deliberate, willful, or malicious actions that result in injuries.

Court Permits Slip-and-Fall Plaintiff to Proceed with Her Claim Against Large Retailer

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

Earlier this month, a state appellate court issued a written opinion in a personal injury case that raises interesting and important issues for Florida slip-and-fall accident victims. The case required the court to determine if the plaintiff’s case against Walmart should proceed toward trial when there was no actual evidence that the store was aware of the puddle that caused the plaintiff’s fall. Ultimately, the court concluded that Walmart’s “failure to educate” itself regarding a third party’s rental display gave rise to a potential theory of liability, and the plaintiff’s case should proceed toward trial.

The Facts of the Case

The plaintiff slipped and fell in a Walmart store near a Rug Doctor rental station. The rental station contained several carpet cleaning machines that Walmart shoppers could rent for the day. Pursuant to the agreement between Rug Doctor and Walmart, the rental kiosk was entirely self-sufficient, and no Walmart employees were trained on how to operate the kiosk or the machines.

A video of the period shortly before the plaintiff’s fall showed another customer rent a machine and struggle to get the machine into her cart. The video showed the customer tipping the machine back and forth, potentially causing water to spill; however, due to the quality of the video, no water can actually be seen. After the customer leaves, at least one Walmart employee is seen walking by the rental kiosk. A few minutes later, the plaintiff approaches the area and slips.

Recent Appellate Opinion Highlights the Importance of Truthfulness in Personal Injury Cases

Published on: May 8, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued a written opinion dismissing a plaintiff’s complaint against the defendant, based on the fact that the plaintiff concealed prior injuries that he had suffered. The case is important for Florida car accident victims because it illustrates the importance of being truthful in all statements to the court.

The Facts of the Case

The plaintiff was involved in an accident that he alleged was caused by the defendant. After the accident, the plaintiff claimed that he suffered injuries to his head, lower back, and shoulder. The plaintiff filed a personal injury lawsuit against the defendant, seeking compensation for his injuries.

The case proceeded to the discovery phase, at which the parties were to exchange relevant requested information. As a part of discovery, the plaintiff was asked about his prior medical conditions in a set of written questions. In these questions, the plaintiff indicated that he had no prior back, neck, or shoulder injuries. However, when the defendant asked the plaintiff to sign a release to obtain his medical records, the plaintiff refused.

Court Dismisses Slip-and-Fall Case Based on Plaintiff’s Failure to Provide Specific Location of Injury

Published on: May 4, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, an appellate court issued an opinion in a personal injury lawsuit regarding an issue that often arises in Florida slip-and-fall cases. Specifically, the case deals with the quantum of evidence a plaintiff must provide in order to present a legally sufficient case. Here, the court affirmed the trial court’s dismissal of the plaintiff’s lawsuit, finding that the plaintiff did not provide sufficient notice of the location of her injury.

The Facts of the Case

The case stemmed from an accident that the then-79-year-old plaintiff suffered when she was walking and tripped on a crack in the cement. Shortly after her accident, the woman filed a notice of lawsuit with the state’s city council. About two years after her notice of lawsuit, the plaintiff filed a complaint, alleging the city’s negligence for failing to properly maintain its sidewalk. In the lawsuit, she noted the location was “on or near” an off ramp. The city filed a motion for summary judgment, arguing that the location the plaintiff provided was insufficient to put the city on notice, and since the statute of limitations had passed, the plaintiff should not be granted leave to amend her lawsuit.

Procedural History

In the motion for summary judgment, the plaintiff argued that the city is a “sophisticated entity” and could have found the location of her injury by looking at a map. However, the trial judge granted the motion for summary judgment and agreed that, although the decision was harsh, the plaintiff’s notice was inadequate.

Court Discusses Assumption of the Risk Doctrine in Recent Ski Accident Case

Published on: May 1, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In some Florida personal injury lawsuits, the defendant can claim that the plaintiff should not be able to pursue a claim for compensation based on the fact that the plaintiff assumed the risks involved in participating in the activity that ultimately caused their injuries. This type of defense is common in cases involving skiing, sky diving, jet-skiing, and bungee jumping.In Florida, there are two types of assumption of the risk: express and implied. Express assumption of the risk generally involves a party’s acknowledgement of the risks involved prior to participating in the activity, usually through a release waiver or some other contract. Implied assumption of the risk, however, does not require a signed release waiver, and it can be established through risks that were either known at the time or should have been known.

A recent case illustrates how one federal court of appeals applied the assumption of the risk doctrine to preclude an accident victim’s ability to recover compensation for his injuries.

Court Discusses the Theory of Proximate Cause in Recent Scooter Accident Case

Published on: April 26, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a state appellate court issued an interesting opinion in a case discussing an important issue that often arises in Florida personal injury cases. The case presented the court with the opportunity to discuss the concept of proximate cause, and in which situations a defendant’s negligent actions may be too distant from a plaintiff’s injuries to constitute legal causation.

The Facts of the Case

The plaintiff was the daughter of a man who was killed in a traffic accident as he was crossing the street at a crosswalk on an electric scooter. Six years prior to the fatal accident, the plaintiff’s father was involved in another accident when he was the passenger in a vehicle. That accident occurred when a tire in the vehicle blew out, causing the vehicle to crash into a nearby telephone pole. As a result of the 2005 accident, the man’s mobility was severely limited, and he required an electric scooter to get around.

Prior to the 2011 accident, the man filed a lawsuit against the tire manufacturer. That lawsuit resulted in a defense verdict. However, prior to 2011, the verdict was overturned. The plaintiff’s father, however, never re-filed the case, although he could have done so.

Florida Dram Shop Law Can Help Victims of Drunk Driving Accidents Recover Damages for Their Injuries

Published on: April 23, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In an effort to curb the increasing number of Florida drunk driving accidents, Florida lawmakers have passed a law that allows for the victims of a drunk driving accident to hold the person who sold alcohol to the intoxicated person liable for their injuries. The law, called the Dram Shop Law, is actually an old vestige of the Temperance Movement from back in the early 19th century.Under Florida’s Dram Shop Law, contained in Florida Statutes section 768.125, anyone who serves alcohol “willfully and unlawfully” to either a minor or a person who is “habitually addicted to the use of any or all alcoholic beverages” can be held liable. Florida’s Dram Shop Law is more limited than other states’, many of which provide for liability when someone serves a visibly intoxicated person.

A recent case illustrates how courts apply Dram Shop Laws, as well as the quantum of evidence that must be presented in order for a plaintiff to successfully establish liability.

Verdict in Favor of Patient Reversed by Court Due to Patient’s Failure to Prove Causation

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

Recently, an appellate court issued a written opinion in a case overturning a verdict that initially favored a surgical patient’s medical malpractice case. The reversal of this verdict highlights a primary element that is necessary for Florida medical malpractice plaintiffs. Here, the Supreme Court held that without sufficient evidence to show that a plaintiff’s injury was directly due to a preventable error, there is no way to ascertain causation.

Preventable Injuries in Florida Medical Malpractice Lawsuits

Medical errors are now one of the leading causes of death in the United States and contribute significantly to non-fatal medical injuries as well. Although some differences exist among state-specific medical malpractice laws, the overriding definition is similar among all states.

In Florida, for a plaintiff to have a favorable outcome in a medical malpractice case, the first requirement is evidence that a medical professional was providing services to the patient. Following this, there must be testimony from a medical expert that the medical negligence was a result of a divergence from the standard of care. Most importantly, in Florida, it is necessary to illustrate that this medical negligence was the direct cause of the injury to the patient. If the plaintiff cannot illustrate that the prevention of this medical negligence would have also prevented their injury, the claim remains speculative at best.