South Florida Personal Injury Lawyers Blog

Accidents Involving Popular Ride-Share Services May Not Be Covered by Insurance

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

The exploding popularity of the ride-share apps Lyft and Uber, as well as similar services, has created a gray area in insurance coverage that could put some drivers and passengers at increased risk in the event they are involved in an accident with someone who is working as a driver for a ride-share service. Although the most popular ride-share companies provide insurance for passengers once they are in the vehicle, the coverage is not absolute, and other accidents involving a ride-share driver may not be covered by any insurance whatsoever.

Personal Versus Commercial Auto Insurance Coverage

The recent boom in the popularity of ride-share services comes in part from the ease with which people can become drivers and support themselves using only their personal vehicle and the services provided by the app. Most ride-share drivers, however, only carry personal insurance coverage for their vehicles, and they may not be covered for any accidents or incidents that occur while they are engaged in business activities, such as driving a passenger for a fee though the app. According to a recently published national news report, the most popular ride-share services, Lyft and Uber, offer insurance that covers passengers and other vehicles both while a passenger is in the vehicle and while the driver is traveling to pick up the passenger after receiving a call. Passengers, pedestrians, and other drivers who are injured by a ride-share vehicle during these times should be covered for damages by making a personal injury claim against the ride-share driver.

There is No Coverage for Accidents That Occur While the Driver Is Waiting on a Fare

According to the article, there is a gray area that exists in which accident victims may not be covered by any insurance in the event of a crash with a ride-share operator. If a driver is waiting for a notification to pick up a passenger while driving around, they are technically engaged in commercial activity, although the insurance that is provided by the ride-share companies is not in effect. Since the driver is seen as a commercial driver, their personal auto insurance may not offer coverage in the event of an accident. Ride-share operators are encouraged to obtain coverage for these situations, although it is common for them to continue operating a ride-share vehicle with no insurance coverage for these situations.

Appellate Court Reverses Defense Verdict Based on Contradicting Testimony

Published on: May 16, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of Indiana recently released a ruling in which they reversed the granting of summary judgment to the defendants in a medical malpractice lawsuit filed on behalf of the surviving family members of a deceased woman who allegedly died as a result of the defendants’ negligence and refusal to offer the woman life-sustaining treatment in spite of the family’s request to do so. As a result of the high court’s ruling, the case will proceed toward a trial or settlement in the district court.

Defendant Hospital Overrides Family’s Request for Life-Sustaining Treatment

The plaintiffs in the case of Siner v. Kindred Hospital were the children of a woman who was admitted to the defendant hospital as an 83-year-old in 2007, while suffering from pneumonia. According to the facts as recited in the court’s opinion, the plaintiffs had power of attorney over their mother’s medical care and requested that she be classified by the hospital in a manner that would allow her to receive any and all life-sustaining care and interventional treatment in the event her condition became immediately life-threatening.

The defendant hospital’s ethics review board overrode the Siners’ decision, finding that the woman’s condition was not likely to improve, and classified their mother in a manner that would prevent life-sustaining treatment, should the need arise. After hearing of the hospital’s refusal to follow their medical instructions, the plaintiffs decided to move their mother to another hospital where she could receive the life-sustaining treatment they requested. After moving to the new hospital, Ms. Siner’s condition worsened, and she died approximately one month after her arrival. The plaintiffs filed a medical malpractice and wrongful death lawsuit against the first hospital, alleging that they failed to follow the standard of care to which the woman was entitled and that they negligently contributed to her death.

State Supreme Court Reverses Judgment for Defendant in Wrongful Death Claim

Published on: May 12, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of Idaho recently released an opinion reversing a lower court’s dismissal of a wrongful death by medical malpractice claim. The district court had ruled that the plaintiffs’ claim against the hospital where a family member died from an anesthesiologist’s alleged negligence could not proceed, since the medical provider was an independent contractor rather than an employee of the hospital. The state supreme court disagreed with the district court’s findings, holding that the plaintiff adequately made a claim against the hospital based on the apparent authority they had over the medical provider, and the claim should not have been dismissed. Based on this most recent ruling, the plaintiffs’ case will be reheard by the district court and could proceed toward a possible trial or settlement.

Hospital Patient Undergoes Surgery but Never Wakes Up

The plaintiffs in the case of Navo v. Bingham Memorial Hospital are the surviving family members of a man who visited the defendant hospital in December 2008, suffering from an infection in his ankle that was caused in part by a metal rod that had been implanted to treat a previous injury. The patient agreed to undergo surgery to have the metal rod removed, and he completed an anesthesia release form. The plaintiffs’ claim alleges that the provider of the anesthesia negligently administered the drugs, and nurses were unable to revive the patient after the procedure was complete. Ten days later, the patient died.

Plaintiffs’ Wrongful Death Lawsuit against Hospital Is Rejected, and Plaintiffs Appeal

After the patient’s death, his surviving family members filed a wrongful death lawsuit against the provider of the anesthesia, as well as the hospital where the procedure took place. Based on the consent and release forms signed by the patient and the status of the anesthesiologist as an “independent contractor” of the hospital rather than a direct employee, the district court rejected the plaintiffs’ claim against the hospital, finding that it could not be held legally responsible for the man’s death.

State Supreme Court Rules in Favor of Plaintiff in Dram Shop DUI Wrongful Death Case

Published on: May 9, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of Massachusetts recently released an opinion affirming a district court’s ruling that a plaintiffs’ lawsuit against a restaurant regarding the DUI-related death of their family member could proceed. The defendant had argued that the plaintiffs submitted an insufficient affidavit to make a claim against a provider of alcoholic beverages, but both courts disagreed with the defendant’s arguments, and the case will continue to be heard.

Plaintiffs’ Family Member Dies after Allegedly Being Served an Excessive Amount of Alcohol by the Defendant

According to the plaintiffs’ complaint, their family member died in a single-car DUI accident after he had spent hours at a restaurant and bar operated by the defendant. The plaintiffs claim that an employee of the defendant repeatedly served the driver alcoholic beverages, knowing that he was extremely intoxicated and that he would be driving home. The claim, made under a state law known as the Dram Shop Act, is allowed against third parties who knowingly serve alcohol to a visibly intoxicated patron who later causes an injury or death while driving drunk. Several states have various forms of dram shop laws, which have been enacted to discourage dangerous serving practices at restaurants and bars across the country.

The Defendant’s Request to Dismiss the Case Is Rejected

Once the plaintiffs’ case was filed, the defendants asked the court to dismiss it, arguing that an affidavit attached to a Dram Shop Act claim must be based on personal knowledge rather than simply information and belief. Both the district court and the Massachusetts Supreme Court ruled that an affidavit based on knowledge and belief is sufficient to prevent the claim from being dismissed, and any irregularities or discrepancies in the facts can be decided by a judge or jury at a later point in the case. Based on the rulings, the plaintiffs’ claim will be allowed to proceed toward a trial or settlement.

State Supreme Court Dismisses Claim Against City for Failure to Meet Filing Deadline

Published on: May 5, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Maine Supreme Court recently released a decision that emphasizes the importance of following procedural requirements in filing a personal injury lawsuit, especially in cases in which the defendant is a governmental entity. The case of Deschenes v. City of Sanford was filed by the plaintiff after he fell down an allegedly dangerous staircase at the Sanford city hall and was injured from the fall.The plaintiff filed a premises liability lawsuit against the city, although he did not give them a formal notice of claim until over 180 days after the injury occurred. Although the plaintiff had given the city oral notice of his injury, the city asked the court to rule in their favor and deny the plaintiff’s claim, based on the state requirement that plaintiffs must file a lawsuit against a government entity in Maine within 180 days of the alleged negligence.

Both Courts Agree that Oral Notice Is Not Sufficient to Comply with the Procedural Requirements

The plaintiff’s argument at the district court and on appeal was that he gave the city oral notice of his injury after it occurred, and he requested compensation for his injuries in person within 180 days of the accident. Both the district court and the Maine Supreme Court found that an official notice of claim needed to be provided in writing by the man or his attorney to comply with the state sovereign immunity act, and that the plaintiff’s oral request for compensation was not sufficient under the act. Based on the court’s decision to uphold the lower court’s decision, the plaintiff will not be compensated for his medical bills and injuries based on the alleged negligence of the city.

Court Upholds $575,000 Damages Award to Woman Ejected From Public Bus After Collision With Fire Truck

Published on: May 2, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of Nebraska recently released a decision that affirmed a lower district court judgment awarding over $575,000 to a personal injury plaintiff in her lawsuit against a Nebraska city. The woman received the award as compensation for injuries she sustained when the bus she was riding on was hit by a vehicle operated by the city’s fire department. The defendant had appealed the ruling to the state supreme court because they were not permitted to subpoena records from a physician who treated the plaintiff’s injuries, but the high court agreed with the district court that the requested records were not relevant to the case. As a result of the Nebraska Supreme Court’s ruling, the plaintiff will be able to collect compensation for her injuries caused by the negligence of the city employee.The plaintiff in the case of Moreno v. City of Gering was injured in a car accident in January 2011, when the county bus she was riding in was hit by a fire department vehicle. After the impact, the woman was ejected from the bus and landed on the pavement, and she was subsequently taken to a local hospital by ambulance with serious injuries. In the course of her treatment, the patient’s doctor determined that an existing back injury was aggravated by the crash, and she would require spinal fusion surgery to fully recover from the accident. A surgery was performed on the plaintiff in June 2011.

The City Admits Liability for the Crash But Challenges the Propriety of the Spinal Surgery

The plaintiff filed a claim against the City of Gering under the state’s Political Subdivisions Tort Claims Act in November 2012 and sought damages to compensate her for the expenses and losses related to the accident. The city accepted responsibility for the negligence of the employee who caused the accident and waived any immunity they may have had as a municipality. However, the city challenged the plaintiff’s claimed damages, arguing that the spinal surgery was not necessary or helpful to her condition. The city’s defenses were not successful, however, and the district court judge made a finding that the surgery was in fact a necessary part of her treatment, which was affirmed by the higher court on review.

The Importance of a Thorough Accident Investigation in South Florida

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

South Florida accident and personal injury cases often involve two or more conflicting stories, and it can be up to a judge or jury to decide who is telling the truth. Plaintiffs and defendants in a Miami personal injury lawsuit must offer evidence to prove their side of the story. In some instances in which one party appears more believable than another but conceals the facts, the truth of what happened can be hidden from the judge or jury, resulting in an accident victim being denied compensation even when another driver was in fact negligent and caused the alleged injuries.

The Investigation: The First Step in a Successful Personal Injury Claim

Florida accident victims may wonder what the process entails in making an injury claim in state or federal court, and an experienced attorney can shed light on how a claim for damages should proceed. One of the first steps to collecting damages in a South Florida personal injury lawsuit is for the plaintiff’s attorney to ensure that a full investigation is performed into what exactly happened to cause their client’s injuries. It’s not that lawyers don’t believe their client’s side of the story. The investigation is necessary because experienced injury attorneys know the strategies that defendants and insurance companies may use to avoid liability. Only by having a qualified investigative team perform a full investigation of an accident can a Miami injury lawyer begin to construct the best case for their client to receive a fair damages award after an accident.

Admission of Seat Belt Non-use Evidence in Auto Accident Cases on the Rise

Published on: April 25, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of Arkansas recently released an opinion that overturned an Arkansas law that had made evidence of seat belt non-use inadmissible to prove a plaintiff’s comparative negligence in a personal injury claim. The statute had been designed to prevent defendants from avoiding responsibility for injuries resulting from their negligence because a plaintiff was not wearing a seat belt. Since seat belt use has become mandatory in 49 states and is widely accepted as an important safety precaution, laws in several states that have prevented non-use evidence at trial are being weakened or eliminated.

The Arkansas Case and the State Supreme Court’s Ruling

The case of Mendoza v. Washington Inventory Services was filed by a woman who was a back seat passenger and was injured in a rear-end accident while riding in a vehicle that was being driven by an employee of the defendant. Alleging that the driver of the vehicle negligently caused the accident, the plaintiff filed a personal injury lawsuit against the driver’s employer, seeking compensation for her injuries. As the case progressed, the defendant sought to introduce evidence that the plaintiff’s own negligence contributed to her injuries because she was not wearing a seat belt at the time of the crash. The district court rejected the defendant’s request, citing the Arkansas law that specifically prohibited the admission of such evidence for that purpose.

Judgment in Favor of County Fair Association Affirmed after Plaintiff Injured During Free Fireworks Display

Published on: April 21, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The North Dakota Supreme Court recently released an opinion that affirmed a lower court’s granting of summary judgment to the defendant, a county fair association, in a case that was filed by a woman who was injured during a fireworks display that was put on at the county fair. The court found that the defendant was protected from liability by what is known as “recreational land use immunity,” which is contained in the North Dakota state code. Based on the appellate ruling, the plaintiff will be unable to collect compensation for the injuries that she suffered due to the alleged negligence of the county fair association.

Plaintiff Is Allegedly Injured by Improperly Maintained Grandstand Equipment

The plaintiff in the case of Woody v. Pembina County Annual Fair and Exhibition Association was a woman who attended the county fair to watch a fireworks exhibition. According to the facts expressed in the appellate opinion, the plaintiff stepped on a rotten board while looking for a seat in the grandstand and fell to the ground, suffering serious injuries.

After the case was filed, the defendant moved for judgment in their favor, arguing that as a non-profit entity that was offering the fair and fireworks exhibition free of charge, they were not liable for negligence under the recreational use immunity statute. The plaintiff disagreed, claiming that the defendant was operating the event for commercial purposes, and their non-profit status was not relevant to the determination of immunity.

State Supreme Court Finds that Children Under Five Years Old Cannot Be Held Accountable for Negligence

Published on: April 18, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Utah Supreme Court recently released an opinion holding that as a matter of law, children under the age of five cannot be held accountable for their own negligence. The decision was handed down after the parents of a four-year-old boy appealed a district court decision that allowed a negligence case against their son to proceed. The plaintiff in the case of Nielsen v. Bell was made permanently blind in one eye after the defendant threw a toy at her while she was babysitting him. Based on the Utah Supreme Court’s decision, as well as the lower court’s ruling that dismissed a negligent supervision claim against the boy’s parents, the plaintiff will be unable to receive compensation for her injuries.

The District Court Found the Boy Could Be Held Accountable for Negligence

The plaintiff sued both the four-year-old boy and his parents for negligence after he threw a toy dolphin at her and struck her in the eye while she was babysitting him. Although she later agreed that her claim against the boy’s parents had no merit, the district court accepted her claim that the boy could be held accountable for negligence. On an interlocutory appeal by the boy’s parents, the Utah Supreme Court intervened in the case to settle the law on the minimum age at which a child can be held accountable for negligence.

The Utah Supreme Court elected to adopt a rule that puts a fixed age limit on the capability of children being liable for negligence. Although the defendants argued that the court should not allow claims against any child under the age of seven, the court decided to follow an alternative rule that barred claims against children younger than five. The court determined that children under the age of five have a limited capacity to appreciate how their actions can cause harm to themselves or others and have an inadequate internal ability to control impulses that may lead to injuries. Based on this finding, the court held as a matter of law that children under five can never be liable for negligence.