South Florida Personal Injury Lawyers Blog

State High Court Reverses Ruling Against Plaintiff in Roadside Accident Lawsuit

Published on: January 16, 2017 | by Friedman Rodman Frank & Estrada, P.A.

A state appellate court recently published an opinion that allowed a plaintiff’s wrongful death case to proceed. Based on this latest ruling by the highest state court and its ultimate authority over questions of state law, the plaintiff may yet receive compensation for his negligence claim.The plaintiff in the case of Hain v. Jamison is the husband of a woman who was struck and killed by one of the defendants in a roadside accident that occurred one evening when the decedent exited her car on a rural road to assist a day-old calf owned by another of the defendants that had escaped its enclosure and was walking on the roadway. The plaintiff sued the other driver for negligence, as well as the owner of the farm that allowed the calf to escape.

The farm denied legal responsibility for the woman’s death, arguing that the negligent acts of the other driver and the decedent herself were intervening causes that prevented the farm from being liable for the death, even if a jury did find that the farm had negligently allowed the calf to escape.

State Appellate Court Reverses Jury Verdict, Granting Immunity to City in Wrongful Death Case

Published on: January 12, 2017 | by Friedman Rodman Frank & Estrada, P.A.

A panel of the California Court of Appeals recently published an opinion reversing a jury’s verdict in favor of the plaintiffs after a trial was held over a fatal auto-pedestrian accident that occurred in 2010. The jury had decided that the city was 100% responsible for the death of the plaintiffs’ loved one, a pedestrian who was hit in an intersection by a driver making a left turn. The city’s claim to be protected from liability by “design immunity” was rejected by the trial court because the city approved changes to the intersection where the accident occurred in 2004 but never followed through with the construction, leaving a gap in their immunity. Unfortunately for the plaintiff, the state court of appeals interpreted the law differently from the trial court, ultimately granting the city immunity from the plaintiff’s claim.The Jury Finds the City Liable After a 15-Day Trial

The plaintiffs in the case of Gonzalez v. City of Atwater are the surviving family members of a 72-year-old woman who was struck and killed in an intersection administered by the defendant while on foot in December 2010. The driver who hit the woman was making a left-hand turn into a shopping center and stated that she didn’t see the woman walking with the right of way across the crosswalk before she was hit. The plaintiffs sued both the driver and the city, alleging that the city had notice of the danger presented to pedestrians by that specific intersection and had approved modifications to the traffic lights to address the problem, but the changes were never put into effect.

Appellate Court Reverses Ruling in Favor of Defendant in Slip-and-Fall Case

Published on: January 9, 2017 | by Friedman Rodman Frank & Estrada, P.A.

The Michigan Supreme Court recently published an opinion reversing an appellate court decision that had overturned a trial court’s granting of summary judgment to the defendant in a slip-and-fall lawsuit filed after the plaintiff fell outside the defendant’s restaurant on a snowy night. The high court determined that the trial court was initially correct to determine that to be awarded summary judgment on the plaintiff’s claim, the defendant did not need to affirmatively prove they did not have notice of the dangerous condition causing the plaintiff’s fall. Based on the most recent decision, the plaintiff will not be compensated for her injuries, regardless of whether the defendant actually knew of the hazard that caused her injuries.

The Plaintiff Slips on a Staircase Outside the Defendant’s Bar

The plaintiff in the case of Lowery v. Woody’s Diner was a woman who was having drinks with friends at the defendant’s bar on a snowy night when she fell in front of the restaurant. According to the facts discussed in the appellate opinion, the plaintiff fell and broke two bones while she was standing outside the restaurant having a cigarette with a friend.

After she was injured, the plaintiff filed a premises liability lawsuit against the defendant, alleging that the defendant failed to maintain safe premises by allowing hazardous conditions to develop, specifically a slippery staircase.

Plaintiff in Defective Tire Wrongful Death Case Will Not Have Evidence Excluded for Spoliation

Published on: January 4, 2017 | by Friedman Rodman Frank & Estrada, P.A.

The plaintiff in a wrongful death case that had been filed after the death of her husband received some good news last month when an appellate court affirmed a district court’s ruling not to bar the plaintiff from introducing certain evidence at trial. Because of the recent appellate ruling, the case will be remanded to the district court to proceed toward a settlement or trial.

The Plaintiff’s Husband Dies from a Tragic Accident

The plaintiff in the case of Cooper v. Koch is a woman whose husband died in the intensive care unit of a hospital from injuries he suffered about three months before in a single-vehicle accident that was allegedly caused by a catastrophic tread separation involving tires made by the defendant. The vehicle driven by the plaintiff’s husband was totaled. It was towed from the scene of the accident by a towing company that was storing the vehicle for a daily fee. The plaintiff agreed to give the vehicle to a scrapyard after removing the blown tire to keep for evidence in the event of legal action against the defendant. The three other tires and remaining parts of the vehicle were broken up and scrapped or destroyed. At the time, the plaintiff had not filed a case against the defendant.

Court Affirms Judgment Against Plaintiff for Failing to Properly Join and Name All Defendants Before Statute of Limitations Expired

Published on: January 2, 2017 | by Friedman Rodman Frank & Estrada, P.A.

The Rhode Island Supreme Court recently published an opinion affirming a judge’s decision to grant summary judgment to a defendant condominium association in a slip-and-fall lawsuit that was filed by a woman who was injured outside the condominium. The condo consisted of two connected units owned jointly by two couples and an unincorporated association they had formed. According to the appellate opinion, the plaintiff intended to sue both the individual owners and the association, but she failed to properly name the association in her original complaint. The plaintiff eventually amended the complaint with all of the correct parties over one year after the statute of limitations for her claim had expired.

The Plaintiff Claims Confusion with True Identity of the Defendant Prevented Her Timely Filing

In seeking leave to file the amended complaint, the plaintiff explained that she intended to sue the association as well as the owners, but her investigation was unable to determine the actual organization holding ownership of the complex when the original complaint was filed. The plaintiff used a fictitious name (XYZ Condo Association) until she could file an amended complaint with the actual party name included. Since she sought to amend the complaint over three years from the date of her injury, she requested that the statute of limitations be extended to allow the amended complaint to proceed as if it were filed when the initial complaint against XYZ Condo Association was filed.

Rejection of Plaintiff’s Slip-and-Fall Case Affirmed by Appellate Court on Review

Published on: December 28, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Seventh Circuit U.S. Court of Appeals recently published an opinion affirming a lower federal district court’s judgment in favor of the defendant in a negligence lawsuit filed by a plaintiff after she was injured in a fall. The plaintiff was a woman who was seriously injured after she slipped on rocks in a parking lot that was adjacent to and operated by the defendant, a national hardware store chain. Both the district court and the Seventh Circuit ruled that the woman presented insufficient evidence to support her negligence claim and that she was not entitled to plead her case for damages to a jury or judge at a trial. As a result of the appellate court ruling, the woman will not be compensated for her claim or the damages she suffered as a result of the fall.

The Plaintiff Is Injured After Slipping on Rocks Used and Sold by the Defendant

According to the appellate court’s discussion of the plaintiff’s initial complaint, the injuries resulting in the case of Piotrowski v. Menard, Inc. were caused when the plaintiff slipped on two or more rocks that were in the parking lot of the defendant’s store near the exit. The plaintiff claimed that the rocks on which she tripped were similar or identical to rocks that the defendant used in a decorative planter near the site of her fall. The rocks were also sold by the defendant inside the store as decorative river rock.

After she fell in the parking lot, she was transported by ambulance to a local hospital and treated for several broken bones and torn ligaments. Within one year of the fall, the plaintiff had been hospitalized four additional times and undergone three surgeries as a result of the injuries she suffered in the fall.

State Supreme Court Rules Against Condominium Association in Slip-and-Fall Accident Case

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

The Illinois Supreme Court recently released an opinion affirming a lower appellate court’s decision not to grant immunity to a condominium association after the plaintiff was injured after slipping and falling on an ice patch and filed a premises liability lawsuit. The plaintiff’s case alleged that the defendant property management company negligently maintained the condominium complex where the plaintiff resided, resulting in her fall.During the early case proceedings, the trial court applied a state statute concerning liability for improper snow and ice removal to find the defendant immune from liability for the plaintiff’s claim, granting summary judgment to the defendant. On appeal, the higher courts ruled that the plaintiff’s claim did not trigger the immunity statute and reversed the trial court. As a result of the recent rulings, the plaintiff’s case will return to the trial court and proceed toward a trial or settlement.

The Plaintiff Suffers an Injury After Slipping on the Sidewalk Outside Her Home

The plaintiff in the case of Murphy v. Lieberman Management Services is a Illinois woman who resided in a condominium complex that was managed by the defendant. About 10 days after a severe winter storm covered the area in over a foot of snow, the woman fell on a patch of ice that had accumulated in the parking lot near her apartment. The woman claimed that her fall was a result of the design of the parking lot and clogged gutters that were supposed to drain rainwater and snowmelt from areas where residents and visitors would be walking. Alleging that the property management company was responsible for ensuring the residents’ safety but failed to adequately design drainage and snowmelt management systems, the woman sued the defendant in state court for negligence and sought compensation for her injuries and loss.

State Appellate Court Sets Aside Dismissal of Injury Case After Attorney Admits to Mistake

Published on: December 20, 2016 | by Friedman Rodman Frank & Estrada, P.A.

A panel of the California Court of Appeals recently published an opinion in which they affirmed a state district court’s decision to set aside the dismissal of a personal injury case, which was previously dismissed after the plaintiff’s attorney failed to pay a change-of-venue fee and did not respond to the defendant’s motion to dismiss or attend the hearing that resulted in the dismissal of the case. On appeal, the defendant argued that the plaintiff’s motion to set aside the initial dismissal was procedurally inappropriate, and she was not entitled to the relief that had been granted. In disposing of the appeal, the appellate court emphasized that procedural rules governing applications for relief or reconsideration of an order or judgment are designed in part to protect litigants from the undeserved harms that can result from attorney mistakes, and to give each person their day in court.

The Plaintiff Is Injured as a Passenger on a Private Bus Line

The plaintiff in the case of Gee v. Greyhound is a woman who was injured when the Greyhound bus on which she was riding was involved in a crash, According to her initial complaint, the bus driver was traveling at an excessive rate of speed and lost control of the vehicle, causing it to crash into other vehicles on the road and resulting in the plaintiff and at least 20 other passengers and commuters suffering serious injuries. After the accident, the plaintiff filed a negligence lawsuit against the operator of the bus line as well as the bus driver, seeking damages as compensation for the expenses and loss she suffered in the crash.

Federal Appeals Court Reverses Judgment Against Plaintiff in Product Liability Claim

Published on: December 19, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The United States Court of Appeals for the Seventh Circuit recently published an opinion partially reversing a district court’s ruling in favor of the defendant in a product liability lawsuit filed by a man who was seriously burned in a fire that ignited while he was using a cleaning product manufactured by the defendant. The plaintiff sued the defendant under several theories of liability, including failure to warn as well as strict product liability and negligence.

The district court entered summary judgment in favor of the defendant on all of the plaintiff’s claims, but the Court of Appeals found that the plaintiff’s claims surrounding the allegedly defective design of the defendant’s product should not have been resolved without a trial. As a result of the recent appellate ruling, the plaintiff’s case will be remanded to the federal district court for further proceedings that may ultimately result in an award of damages for the plaintiff.

The Plaintiff Is Seriously Burned While Cleaning His Basement Floor with the Defendant’s Product

The plaintiff in the case of Suarez v. W.M. Barr & Co. is a man who attempted to clean paint off the floor of his basement with Goof Off, a cleaning product manufactured by the defendant. The main ingredient in the product is acetone, which is a highly flammable chemical that evaporates at room temperature. According to the facts discussed in the appellate opinion, the plaintiff read the warnings on the product label before he poured the product on the floor of his basement floor and started scrubbing the area with a brush in accordance with the instructions. Although the exact cause of ignition was in dispute, a fire broke out and resulted in serious burns to the plaintiff’s head, face, neck, and hands. After suffering the injuries, the plaintiff sued the defendant in federal court, alleging that the warnings on the product label were inadequate and that the product itself was unreasonably dangerous.

School Authorities Received Multiple Complaints About Bus Driver Prior to Tragic Fatal Accident

Published on: December 6, 2016 | by Friedman Rodman Frank & Estrada, P.A.

Parents and families remain devastated by last month’s tragic school bus accident in Tennessee that left six children dead and several others seriously injured when a speeding bus drove off-route and off the road into a tree and rolled on its side. Recent developments in the tragic story are generating more questions than answers and likely aggravating the contentious relationship between school authorities and the parents, who are upset that the bus driver was allowed to continue driving their children after warning signs that many say should have resulted in his being fired or at least investigated. The bus driver has since been arrested and charged with six counts of automobile homicide and reckless endangerment.

Parents Are Upset that Complaints about the Driver Were Not Addressed Before the Crash

According to a national news source, there were several written complaints filed by students, parents, and even school employees concerning the reckless driving of the man who was driving the bus before last month’s deadly accident. One student reported that he believed the man was intentionally trying to hurt the children by driving dangerously, and he told them that he did not care for their safety, causing some students to avoid riding that bus. These warnings did not cause authorities to suspend the driver or otherwise address the issue, leaving some parents angry.