South Florida Personal Injury Lawyers Blog

Florida Appeals Court Refuses to Overturn Jury Verdict in Wrongful Death Lawsuit Where Decedent Was Not Wearing a Seat Belt

Published on: April 16, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Jones v. Alayon, a Florida driver was hit from behind by an off-duty police officer in a rear-end automobile collision. As a result of the impact, the man’s automobile struck a guard rail and rolled. The motorist was ejected from his car, and he landed on the roadway. Tragically, the driver was also hit by other vehicles after he landed on the pavement. As a result of the collision, the driver suffered an untimely death.

Following the fatal accident, the allegedly at-fault driver apparently fled the scene of the traffic wreck. He also reported that his vehicle was stolen before later admitting he was driving at the time of the deadly crash. The man was later incarcerated over the incident.

Florida Appeals Court Overturns Denial of Legal Fees in Workers’ Compensation Case

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

In Cuenca v. Nova Southeastern University, a Florida dental assistant was injured when she suffered a serious allergic reaction at work in 2013. According to the worker’s petition for benefits (“PFB”), the woman’s injury resulted after she came into contact with an adhesive spray during the course of her employment. As a result, the employee sought reimbursement for her resulting medical care and certain prescription medications.

After the worker filed her PFB, her employer changed servicing insurers. The employer also notified the woman that the previous insurance servicer had no further responsibility for her claim and the new insurer would handle her PFB going forward. In an order filed about two months after the dental assistant sought workers’ compensation benefits, a Judge of Compensation Claims (“JCC”) approved the employer’s change in servicing insurers.

Southern District of Florida Rules Cruise Ship Passenger Failed to Establish Negligence Following Injury Accident

Published on: April 9, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Poole v. Carnival Corp., a woman was allegedly injured while traveling aboard a cruise ship. According to the woman, she suffered serious harm when she walked into a glass door. Although the woman claimed she did not know if the door she walked into had a frame on it, a handle installed, or a sticker strip to increase visibility, the woman admitted that the area where she was hurt was well lit. A representative for the ship’s owner offered testimony that the glass door at issue had a metal handle and door frame installed. In addition, the representative claimed the door also included a sign that read “push” and a sticker strip across the width of the door installed at waist level. The cruise ship security officer who investigated the woman’s injury accident also stated there was a sticker strip installed in the middle of the door at the time of the incident.

Florida Court Refuses to Dismiss First-Party Bad-Faith Claim Filed Against Auto Insurer

Published on: April 8, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Baham v. Property & Casualty Insurance Co. of Hartford, a motorist was involved in a traffic wreck that was apparently caused by another driver. At the time of the crash, the at-fault driver carried $25,000 in bodily injury liability insurance. Since this amount was allegedly insufficient to cover the motorist’s injuries and lost wages, the man filed a request for the full amount of his uninsured motorist (“UM”) policy limits of $200,000 from his own automobile insurer. The man’s insurer denied coverage and claimed his accident injuries did not exceed the limits of the at-fault driver’s bodily injury policy.

Next, the hurt motorist filed a Civil Remedy Notice of Insurer Violation (“CRN”) with his insurance company and the Florida Department of Financial Services. According to the man, the insurer refused to settle his valid claims. In response, the insurance company stated the evidence it received did not support the hurt man’s claim and requested any additional information that was available in order to continue to evaluate the insured’s claim. About two years later, the insurer agreed to pay the man $100,000 in UM benefits and stated the amount constituted the insured’s full UM policy limits. After that, the injured motorist filed a second CRN as well as a lawsuit against his insurance company seeking the remaining $100,000 in UM benefits he believed he was entitled to.

Florida Appeals Court Holds Policy History is Irrelevant Where PIP Insurance was Cancelled for Nonpayment

Published on: April 2, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Government Employees Insurance Company v. Kisha, a Florida couple purchased automobile insurance from an insurer for a designated policy period of December 2010 through June 2011. In lieu of making one premium payment, the couple opted to make recurring monthly payments to the company. After the couple failed to pay their March 2011 premium, the insurer mailed them a notice of cancellation for nonpayment effective April 20. In addition, the notice stated the company would not cancel the couple’s auto policy if the past due premium was received or postmarked by this date.

The husband apparently wrote a check to the couple’s insurer on April 17, but the past due payment did not reach the postal service until April 25th. On May 8th, both members of the couple were apparently hurt in a rear-end car accident. Following treatment, each filed a claim for personal injury protection (“PIP”) benefits from the auto insurance company. Next, the insurer sent each member of the couple a reservation of rights letter stating they lacked motor vehicle insurance coverage on the date of the collision due to nonpayment. In response, the wife filed a lawsuit against the auto insurer.

Florida Appellate Court Overturns Order Denying Temporary Total Disability Workers’ Compensation Benefits

Published on: March 25, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Perez v. Southeastern Freight Lines, Inc., a Florida man was injured in a workplace accident. After the incident occurred, the man’s employer stipulated that his injury was compensable under state workers’ compensation laws. Despite this, a Judge of Compensation Claims (“JCC”) denied the injured worker’s request for temporary total disability benefits because he failed to produce objective medical evidence related to his injury. At a hearing, the JCC adopted the test enumerated in Section 440.09(1) of the Florida Statutes which stated the worker’s disability determination must be based on such evidence.

Next, the employee appealed the JCC’s decision to Florida’s First District Court of Appeals. On appeal, the hurt man stated the JCC applied the wrong legal test when considering his worker’s compensation claim. The employee argued that Section 440.09 of the Florida Statutes instead applied to his case because it governed compensability in the workers’ compensation context. Since the worker’s employer stipulated to compensability, the employee claimed the JCC’s order should be overturned.

Appeals Court Overturns Jury Verdict in Florida Failure to Warn Lawsuit

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

In Trek Bicycle Corp. v. Miguelez, a Florida man apparently sustained personal injuries when the road bicycle he was riding suddenly stopped after an unspecified object became caught in the spokes. As a result of his harm, the man filed a failure to warn, products liability, and defective design and manufacture lawsuit against the manufacturer of the bicycle and the store that sold it to him in a Florida court. Although the bicycle manufacturer obtained a directed verdict regarding the hurt man’s other claims, the trial court declined to issue judgment in the company’s favor with regard to the man’s failure to warn cause of action. As a result, the lawsuit proceeded to a jury trial.

At trial, the hurt man claimed he would not have suffered harm if the bike company had placed a warning sticker stating the carbon forks could potentially crack or fail on the device. Following a jury trial, the injured bicyclist was awarded $800,000.00 in damages as a result of the bike manufacturer’s negligent failure to warn. Still, jurors opted not to issue a verdict against the bicycle retailer.

Tampa Federal Court Holds Insurer Did Not Commit Bad Faith Following Motorcycle Accident

Published on: March 18, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Rodriguez v. Integon Indemnity Corp., a motorcycle rider was seriously injured in a motor vehicle collision. At the time of the crash, the at-fault driver carried bodily injury insurance with a liability limit of up to $100,000 per person and $300,000 per incident. The day after the traffic wreck, the insurer was notified about the accident. A few days later, the claims representative who was assigned to the case sent a letter to the hurt biker stating he would be handling the injured man’s claim. In addition, the insurer sent two letters to the hurt motorcyclist’s attorney stating the company would settle the man’s claim for the full policy limits of $100,000. In both letters, the insurance company misstated the injured man’s first name but provided the appropriate claim number and date of loss.

Less than two weeks after the traffic wreck, the at-fault driver’s insurer sent a proposed release form and a check for $100,000 to the motorcyclist’s lawyer. An accompanying letter asked the man to hold the check in trust until an agreed-upon release could be executed. After the insurer unsuccessfully attempted to contact the law firm on multiple occasions, the motorcyclist’s attorney filed a lawsuit against the at-fault driver and the owner of the vehicle that struck the biker.

Florida’s First District Remands Workers’ Compensation Case for Reconsideration of Injured Woman’s Statutory Employee Status

Published on: March 16, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Mitchell v. Osceola County School Board, a Florida woman was working at a veterinary clinic that was being hosted by a non-profit organization and held at an Osceola County high school. While assisting at the clinic, the woman allegedly suffered an injury when she was bitten by a dog. After the incident, the woman filed multiple workers’ compensation benefits claims against both the non-profit organization that employed her and the school board. Eventually, the woman dismissed her claims against the non-profit organization because the group did not carry workers’ compensation insurance coverage.

At a hearing before a Judge of Compensation Claims (“JCC”) the woman argued there was an employer-employee relationship between herself and the school board. In support of her claim, the woman stated the board was her statutory employer under the plain language of Section 440.10(1)(b) of the Florida Statutes. After the JCC rejected the woman’s assertion that she was a school board employee under the law, she filed an appeal with Florida’s First District.

Appeals Court Rules on Attendant Care Payments in Florida Workers’ Compensation Case

Published on: March 11, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In American Airlines v. Hennessey, an employee injured his right leg in a workplace accident. As a result, he was required to undergo several hospitalizations and a lengthy course of antibiotics. Due to the extent of the man’s injuries, his employer authorized him to receive attendant care in his home until he was healed.

About two months after the on-the-job accident, the man sought authorization for attendant care beginning on the date of his harm. In support of his request, the man submitted an undated handwritten note from his doctor stating that the hurt man’s wife took non-professional care of him 24 hours per day since he was injured. Later, the physician clarified that the man’s injuries merited attendant care for at least 12 hours per day for a period of about four months beginning on the date of the workplace accident. This included “bathing, cooking, cleaning, and dressing type functions as well as transportation.”