South Florida Personal Injury Lawyers Blog
The Third District of Florida Court of Appeal recently affirmed a trial court’s ruling for Temple Beth Sholom in a sexual assault lawsuit. Plaintiff Joyce Firestone sought review after the trial court held that her claims against the Temple were filed after the statute of limitations had lapsed.In the early 1970s when she was a minor student at Temple Beth Sholom (the Temple), Firestone was sexually assaulted by Barak Yaron, a teacher employed by the Temple. Firestone sued the Temple approximately 40 years later in 2013. Her claim was based on two primary theories: (1) the Temple was vicariously liable for Yaron’s actions under the doctrine of respondeat superior; and (2) the Temple violated its fiduciary duty to Firestone.
Florida Court Upholds Dismissal for Inconvenient Forum in Cruise Accident Case
The Florida Court of Appeal for the Third District recently upheld a lower court’s dismissal of a lawsuit related to a cruise accident, reasoning that Italy would be a more appropriate forum.The appeals court consolidated two cases – Abeid-Saba and Scimone II – brought by passengers aboard an Italian cruise ship, the Concordia. Both suits alleged that in January 2012, the Concordia’s captain deviated from the cruise’s planned course to perform a trick called a “bow.” During this maneuver, the Concordia struck an underwater reef, causing damage to the hull and requiring the evacuation of 3,206 passengers.
Florida Appellate Court Holds Damage Caps Unconstitutional in Medical Malpractice Suit
The Florida Court of Appeals for the Fourth District held that a Palm Beach County trial court erred in applying statutory caps to the noneconomic damages award in a medical malpractice case.Appellant Dr. Jeanne Go and a colleague were sued for medical malpractice resulting from their treatment of Dens Pierre, which caused permanent brain injury to the child. A jury found Dr. Go 75% liable and awarded Pierre and his mother roughly $28.5 million in damages. However, the reward was reduced pursuant to section 766.118(2) of the Florida Statutes. Dr. Go appealed, and Pierre and his mother cross-appealed. The appellate court rejected Dr. Go’s arguments on appeal and reversed with respect to the trial court’s reduction of damages.
South Florida Federal Court Rules Cruise Operator Had No Duty To Warn Passenger About Open and Obvious Hazards
In Lugo v. Carnival Corp., a family of four departed on a cruise vacation in February 2015. While on board the ship, the two children slept on elevated bunk beds. In order to access the bunk beds, the children were required to utilize a removable ladder that did not fully reach the cabin floor. On the last night of the cruise, however, the father slept on one of the top bunks. In the morning, the father apparently fell head first off the ladder while attempting to climb down from the upper bunk in the dark.
According to the man, he lost consciousness as a result of his fall. The father apparently remained in the family’s cabin for some time before seeking treatment from the ship’s medical team. A ship physician ultimately diagnosed the man with a broken rib.
Miami Court Examines Factors to Consider When Reviewing a Motion to Transfer Venue Following Unfortunate Car Accident
In Morrissey v. Subaru of America, Inc., a couple was injured when the vehicle one spouse was driving unexpectedly accelerated and collided with a stone fence in the United States Virgin Islands. Sadly, the wife was left permanently paralyzed as a result of the crash. Following the incident, the couple filed a lawsuit in the Southern District of Florida against the Japanese automobile manufacturer, the company’s U.S. distributor, and the dealership that sold the vehicle to its original owners.
In the couple’s complaint, they accused the defendants of negligence per se, failure to warn, negligently designing and manufacturing the vehicle, strict liability, and breach of warranty. The husband also sought damages for his loss of consortium.
Workers’ Compensation Benefits Denied Because Florida Man’s Need for Treatment was Caused by a Preexisting Condition
In Ceristaff, Inc. v. Owen, a worker who was employed as a gas appliance technician apparently hurt his shoulder when he fell at work in December 2013. Following the man’s workplace accident injury, the worker’s employer accepted compensability for the incident. As a result, the employee was authorized to seek medical treatment. After the worker was examined by a physician, however, the employer denied further workers’ compensation benefits due to the employee’s purported preexisting condition. According to the man’s treating doctor, the worker suffered from both osteoarthritis and rotator cuff arthropathy prior to his workplace accident.
After the man’s employer denied his request for additional medical care, the worker underwent an examination by his own designated medical expert. The expert recommended that the worker undergo additional shoulder surgery. According to the physician, the major contributing cause (“MCC”) for the employee’s need for a surgical procedure was his fall accident at work.
Orlando Federal Court Remands Child’s Premises Liability Claim Back to Florida State Court
In A.Z. v. Bonnet Creek Resort Vacation Condominium Assoc., Inc., a minor was apparently injured when she tripped and fell while visiting a Florida condominium complex. The Georgia resident later filed a lawsuit against the property owner in Orange County, Florida Circuit Court. In response to the purportedly injured child’s complaint, the condo association removed the lawsuit to federal court.
Under 28 U.S.C. § 1441, a civil case may be removed to federal court when no federal questions exist if the parties to a lawsuit are citizens of different states, and the amount in controversy exceeds $75,000. At the time of removal, the condominium association also requested discovery concerning the minor plaintiff’s Georgia citizenship. Following removal to federal court, the Middle District of Florida in Orlando ordered the parties to address whether remand back to a Florida state court was appropriate sua sponte, or of the court’s own accord. Generally, a court may take such an action without a request from either party if a case should be transferred to another court due to a conflict of interest, or the court believes it likely does not have jurisdiction over the parties’ dispute.
Florida Appeals Court Orders New Trial Following Multi-Million Dollar Judgment Against Tobacco Companies
In RJ Reynolds Tobacco Co. v. Calloway, several tobacco companies filed an appeal following a multi-million dollar judgment that was entered against them in Florida. In the case, the defendants faced claims of negligence, strict liability, fraudulent concealment, and conspiracy to commit fraud, brought by the estate of a man who died from health complications that were apparently caused by his cigarette addiction. Following trial, the jury ultimately determined the deceased man, who began smoking at age 15, was 20.5 percent responsible for his own death.
On appeal to Florida’s Fourth District Court of Appeal, the defendants claimed a new trial was warranted because the plaintiff’s attorney made repeated inflammatory statements in front of jurors. Additionally, the tobacco companies argued the trial court committed error when it instructed the jury regarding the estate’s fraud claims and entered a joint and several final judgment that potentially held each company accountable for the entirety of the jury award. The defendants also asserted that the jury’s compensatory and punitive damages awards should have been reduced or set aside by the lower court, and their right to due process was violated. In response to the tobacco companies’ appeal, the plaintiff claimed the trial court committed error when it sustained several of the defendants’ objections regarding statements made by the estate’s lawyer.
Appeals Court Overturns Denial of Compensation Advance in Broward County Workers’ Compensation Case
In Mathis v. Broward County School Board, a woman apparently hurt her foot while working in Broward County. Unfortunately, the workplace injury resulted in a serious infection that required her to be hospitalized for a lengthy period. Although the woman’s employer initially accepted compensability for her harm, the employer refused to pay her indemnity benefits about two weeks later because a treating doctor asserted that the employee’s injury was not work-related. The employee then took unpaid leave for about one month before returning to work full-time.
While on unpaid leave, the worker filed a claim for an advance under Section 440.20(12)(c)2. of the Florida Statutes. Under the workers’ compensation law, an injured employee may seek “an advance payment of compensation” of up to $2,000 from a Judge of Compensation Claims (“JCC”). After a JCC denied the woman’s request for an advance, she filed an appeal with Florida’s First District Court of Appeal.
Jury’s Pain and Suffering Award Upheld Following Miami-Dade County Car Accident
Florida’s Third District Court of Appeal has reinstated a jury’s award in a traffic accident case. In Ortega v. Belony, a Florida man suffered a broken neck in a Miami-Dade County automobile collision. Following the car accident, the man was hospitalized for eight days and wore a medical halo device for about three months. The man also refused to undergo the neck surgery that was recommended by his treating doctors.
While recuperating, the injured man apparently moved into a relative’s home, where he received assistance with his daily needs from his brother. According to the man, he suffered from sleeping difficulties and was forced to return to the hospital in order to have his halo adjusted. After the medical device was removed, the man reportedly suffered from mild neck discomfort and residual back pain. Despite this, the man’s physicians did not recommend further treatment for his traffic wreck injuries.