South Florida Personal Injury Lawyers Blog

Florida Appeals Court Examines Apportionment Due to Preexisting Injuries in Workers’ Compensation Case

Published on: November 13, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Frankel v. Loxahatchee Club, Inc., a 68-year-old Florida man apparently injured his spine while moving a heavy piece of furniture at work. Following the incident, the man’s employer accepted compensability for the injury. At a workers’ compensation hearing before a judge of compensation claims (“JCC”), the employee admitted that he hurt his right shoulder 15-20 years before the workplace incident occurred. The man also stated he received no further treatment following rotator cuff surgery and post-surgery therapy.

MRI images taken following the 2013 workplace injury showed the employee had degenerative arthritis in his shoulder bones. According to the worker’s treating physician, the arthritis was typical for someone who had reached the man’s age. At the workers’ compensation hearing, the man testified that he never sought treatment for the arthritis.

Appeals Court Orders New Trial in Florida Car Accident Case

Published on: November 10, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Maniglia v. Carpenter, two men were involved in a nighttime car accident on Interstate 95 in Florida in 2009. The accident was purportedly caused when the left front portion of one car struck the right rear corner of another vehicle while changing lanes. Although the driver who was changing lanes and his passenger asserted that the collision was minor, the other driver complained that it was a serious accident.

Following the crash, the allegedly hurt motorist sought chiropractic treatment for neck and back pain. An x-ray showed no injuries except for “normal wear and tear.” As a result, the chiropractor did not place any work restrictions on the injured driver. About one month later, the injured man collided with a car while driving a golf cart. The man was apparently thrown to the ground as a result. He was also arrested following an altercation with law enforcement authorities who responded to the incident. Despite this, the injured driver apparently failed to disclose the subsequent accident to his chiropractor. The hurt man also sought treatment from a surgeon, who suggested the man undergo surgery after examining magnetic resonance images taken following the golf cart incident.

Appeals Court Rules Florida Car Accident Victim’s PIP Benefits Subject to Contracted-For Deductible

Published on: November 6, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Mercury Insurance Co. v. Emergency Physicians of Central Florida, a Florida woman was injured in a car accident. At the time of the traffic wreck, the woman carried $10,000 in personal injury protection (“PIP”) benefits that she purchased from her auto insurer. As part of the PIP policy, the woman elected a $500 deductible. Following the collision, the woman sought medical treatment from an emergency clinic. Within 30 days of the accident, the clinic submitted a bill for $191 to the woman’s PIP insurer. After that, no further bills were received by the insurance company.

More than two months later, the emergency clinic submitted a statutory demand letter seeking payment for the care it provided to the insured woman to her insurance company. The insurer ignored the demand letter, and the clinic filed a lawsuit against the company in a Florida county court. According to the insurance company, it was not required to pay the medical bill because the amount was well below the deductible provided for in the PIP policy.

Florida Appellate Court Remands Defective Drug Case for Personal Jurisdiction Determination

Published on: November 3, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Teva Pharmaceutical Industries v. Ruiz, a Florida man who apparently suffered serious personal injuries after using a contaminated pharmaceutical product filed a negligence and strict liability lawsuit against an Israeli drug manufacturer in Florida. In response, the drug manufacturer filed a motion to dismiss the case for lack of personal jurisdiction.

A state court always has personal jurisdiction over residents of the state. For a court to have personal jurisdiction over a non-citizen, however, a defendant must have sufficient minimum contacts with the forum, such as conducting business within the state in which the lawsuit was filed. This requirement was established in order to protect a defendant from being required to litigate a case in a distant forum.

Southern District of Florida Allows First-Party Bad-Faith Action Against Insurer to Proceed

Published on: October 30, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Levesque v. Government Employees Insurance Co., a Florida woman sustained serious injuries in a car accident that was caused by an uninsured motorist. Following the crash, the woman sought uninsured motorist (“UM”) benefits from her automobile insurance provider. Since the insurance company failed to provide the woman with the full policy limits of $100,000 within 60 days of being provided with a Civil Remedy Notice of Insurer Violation, the woman filed a lawsuit against the company in a Florida state court. The insurer admitted the woman was entitled to recover the full policy limits and moved for entry of final judgment.

After procuring a final judgment against the auto insurer, the woman filed a statutory bad-faith case against the company under Section 624.155 of the Florida Statutes. In her lawsuit, the woman sought damages for the full value of her injuries from the insurance company. The insurer responded to the hurt woman’s complaint by filing a motion to dismiss or stay the case. According to the company, the woman’s action was premature because she failed to establish her total damages in her underlying UM lawsuit.

Florida Appeals Court Reverses Workers’ Compensation Award On Legal Fees Issue

Published on: October 27, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Edmond v. Avis Budget Group, Inc., a rental car company worker sought workers’ compensation benefits payments after he was hurt at work in Florida. According to the employee, he was rendered temporarily disabled as a result of the workplace accident. Following a workers’ compensation hearing, a Judge of Compensation Claims (“JCC”) ordered the rental car business to pay the injured man more than $1,300 in temporary disability benefits and about $267.00 in legal fees. After that, the hurt worker filed an appeal with Florida’s First District Court of Appeal.

On appeal, the employee raised two constitutional claims and argued the JCC committed error by failing to issue an award for reasonable attorney’s fees for the work performed by his counsel in order to demonstrate the man’s entitlement to legal fees under Section 440.34 of the Florida Statutes. After filing his appeal, the court requested that the worker show cause why the court’s 2013 decision in another case was not controlling. Next, the employee admitted the case at issue controlled his two constitutional claims. The First District then turned to the man’s inadequate legal fees, or “fees on fees,” argument.

PIP Benefits Not Due When Insurer Lacked Notice in Florida Pedestrian Injury Case

Published on: October 23, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In State Farm Mutual Automobile Insurance Company v. Gonzalez, a pedestrian was apparently struck by a car in Florida in May 2001. Following the incident, the injured woman was treated at a local emergency room. The woman’s health care insurer later paid the hospital $685 for the woman’s treatment. The hospital did not send a bill to the woman’s auto insurer.

More than six months later, the pedestrian’s attorney sent a letter of representation and a copy of the accident report to the woman’s liability insurer. The lawyer also requested certain insurance information from the company. Despite the correspondence, the woman’s counsel failed to include a hospital bill or request payment from the auto insurer. After that, the insurance company allegedly made numerous unsuccessful attempts to contact the injured pedestrian’s lawyer regarding her harm. The insurer ultimately closed the woman’s claim in August 2004.

Appeals Court Rules Summary Judgment Was Not Merited in Florida Negligence Case

Published on: October 20, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Peterson v. Flare Fittings, Inc., a man was apparently struck in the head by a 10-foot balloon that was tethered to a tree while he was attending a sporting event and trade show on a piece of property owned by a major theme park. According to the man, the balloon suddenly descended due to a gust of wind. As a result, the man reportedly became dazed and suffered pain.

After he was injured, the man reported the incident to a member of the event staff, who then brought the balloon down. A theme park manager allegedly told the man that the company would pay for any injuries he sustained due to being struck by the balloon. The manager also supposedly advised the man to seek medical treatment. Later that day, the injured man received x-rays and pain medication at a nearby hospital.

Florida Liability Insurer Held Jointly and Severally Liable for Costs in Car Accident Case

Published on: October 15, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In New Hampshire Indemnity Co. v. Gray, a Florida driver was sued following a catastrophic auto accident. Throughout the case, the man’s insurance company provided a defense to the motorist, pursuant to the terms of his liability insurance policy. At the close of the trial, a jury awarded the plaintiff about $2.3 million in damages.

After a final judgment was entered against the driver, the injured plaintiff sought tax costs against the insurance company. The plaintiff also sought to join the insurer in the judgment. The company opposed the injured plaintiff’s request and argued it could not be held responsible for costs under the terms of the liability policy. Additionally, the insurer claimed it could not be joined in the judgment because the plaintiff failed to comply with the procedural requirements enumerated in Section 627.4136(4) of the Florida Statutes. After the plaintiff complied with the terms of the law, but before the insurance company received notice, the trial court held the company jointly and severally liable for over $135,000 in costs.

Appeals Court Elaborates on Definition of Compensable Injury Under Florida Workers’ Compensation Law

Published on: October 15, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Babametovic v. Scan Design Florida, Inc., a Florida man apparently injured his back while lifting a heavy box at work in October 2013. After complaining to his employer, the man was authorized to seek treatment at an urgent care facility. The medical facility diagnosed the worker with radiculitis and indicated the injury was work-related. The facility also referred the employee to another doctor for follow-up treatment.

About one month later, the employee was examined by the follow-up physician, who then diagnosed him with a lumbar muscle sprain and a preexisting degenerative disc disorder. Although the doctor also indicated the man’s injury was work-related, he sent the employer a letter stating the worker’s harm was only 40 percent related to his work injury. The physician stated the man’s back issues were 60 percent caused by his preexisting condition.