South Florida Personal Injury Lawyers Blog

Order Providing Discounted Benefits for Pre-Existing Condition Overturned in Florida Workers’ Compensation Case

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

In City of Fort Pierce v. Spence, an employee was hurt in a 2012 work-related car accident. Following the collision, the man’s employer admitted that his claim was compensable. An authorized physician recommended that the worker undergo a number of procedures on his back, including facet injections and orthopedic surgery. In a deposition, however, the doctor stated a degenerative spinal condition that was diagnosed prior to the accident was about 70 percent responsible for the worker’s need for the facet injections. The doctor also said the condition was normal for a man who was the worker’s age. Following a hearing before a Judge of Compensation Claims (“JCC”), the man received a discounted award related to the facet injections. In addition, the JCC denied the man’s orthopedic surgery claim.

On appeal, Florida’s First District stated the medical evidence offered in the case suggested that the man’s pre-existing degenerative condition was the major cause of his need for the facet injections. The court held that the JCC misapplied the law when she took into account the physician’s statement that the man’s back disorder was normal given his age. According to the appellate court, the relevant inquiry was whether the underlying condition independently required treatment before the employee was hurt at work. Since the medical evidence suggested it did, the District Court of Appeal of Florida, First District overturned the JCC’s award for the facet injections and affirmed her decision on all other counts.

Appellate Court Holds Negligent Security Plaintiff’s Status is Relevant in Lawsuit Against Florida Apartment Complex

Published on: January 29, 2015 | by Friedman Rodman Frank & Estrada, P.A.

A Florida appeals court has found that a negligent security plaintiff’s status on the land is relevant. In Nicholson v. Stonybrook Apartments, LLC, a woman was shot while attending a party in the common area of an apartment complex. Following the incident, the woman filed a negligence lawsuit against the complex in a Florida court. According to the woman’s complaint, the apartment complex failed to provide adequate security or maintain the premises in a safe manner. In response, the complex countered that the woman was trespassing on the property when she was shot. Because of this, the complex argued that its duties related to the woman’s safety were extremely limited.

Prior to trial, the woman sought to exclude all evidence related to her status on the property at the time of the shooting. In addition, the woman argued that whether she was a trespasser was irrelevant because she did not file a premises liability case against the apartment complex. The trial court ruled that the woman’s status to the land at the time of her injury was important because it had an effect on the duty the apartment complex owed to her. Because of this, the trial court instructed the jurors to determine whether the injured woman was a trespasser or an invitee when she was shot.

Florida’s Second District Reverses Over Trial Court’s Erroneous PIP Offset Ruling

Published on: January 26, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Moody v. Dorsett, a man was hurt in a motor vehicle collision that a jury determined was caused by another driver. As a result, jurors returned a verdict of about $11,000 against the negligent woman. Prior to trial, the man received approximately $5,500 in personal injury protection (“PIP”) benefits from his automobile insurer. After the jury returned its verdict, the negligent driver asked the court to offset the award by the amount of PIP benefits that were received by the injured man. The trial court refused, and the woman filed an appeal with Florida’s Second District Court of Appeal.

In the State of Florida, drivers must maintain $10,000 in PIP insurance protection. This coverage allows a motorist or other individual to collect up to $10,000 in order to pay for any immediate medical expenses regardless of fault. In order to recover under a PIP policy, current Florida law requires an individual who was injured in a motor vehicle collision to seek medical care within two weeks of the traffic wreck. A PIP policy will typically pay for 80 percent of an accident victim’s medical costs up to the policy’s limit of liability. A Florida motorist may increase that coverage to 100 percent of his or her accident-related medical expenses by purchasing an optional extended PIP policy.

Southern District of Florida Holds UIM Benefits Case Must be Adjudicated Before Bad Faith Insurance Claim May be Considered

Published on: January 22, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Shapiro v. Government Employees Insurance Co., a couple was seriously injured in a Florida automobile accident that was caused by an uninsured motorist. At the time of the collision, the hurt individuals maintained an uninsured and underinsured motorist (“UIM”) policy on each of their vehicles. Following the automobile crash, the couple sought financial compensation from their UIM insurer. Unfortunately, the insurance company refused to pay the couple damages for the harm each sustained in the traffic wreck. As a result, the couple filed a claim for UIM benefits in Broward County. The couple also sought a declaratory judgment under Sections 86.011 and 86.111 of the Florida Statutes and accused their UIM insurer of committing bad faith.

In response to the couple’s complaint, the insurance company removed the lawsuit to the United States District Court for the Southern District of Florida, based on diversity of citizenship. After that, the company filed a motion to dismiss the couple’s bad faith claim as well as their request for a declaratory judgment.

Appellate Court Affirms Legal Fees Award for Plaintiffs in Florida Medical Malpractice Case

Published on: January 19, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Duong v. Ziadie, a woman filed a medical malpractice lawsuit on behalf of her incapacitated son against his doctor, the practice where the doctor was employed, and other defendants. According to the woman’s complaint, the physician’s negligent care caused her son to become permanently paralyzed. In her lawsuit, the mother sought damages related to her son’s medical bills, pain and suffering, and loss of earning capacity. She also asked the court to award his minor children financial compensation for their loss of parental services and other damages.

Prior to trial, the mother submitted a formal proposal for the settlement of each person’s claim to the allegedly negligent physician. The woman also stated she would seek sanctions against the doctor if he refused the offer and a jury issued an award against him for at least 25 percent more than her $1 million proposal. The man’s doctor refused to settle the case, and the lawsuit proceeded to trial. After reviewing the evidence, jurors issued an award of approximately $10 million in favor of the plaintiffs. In addition, the jury found that the physician was 75 percent responsible for the incapacitated man’s harm. The jurors also determined that another doctor was 25 percent at fault.

Florida Appeals Court Overturns Order Compelling Medical Exam in Workers’ Compensation Case

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

In Jackson v. Columbia Pictures, a Florida man suffered a traumatic brain injury in 1986 when he fell more than 20 feet at work. Two years later, the brain-damaged worker reached “maximum medical improvement.” Eventually, the hurt man received a workers’ compensation award that included any attendant care benefits that were medically necessary. During the intervening years, the brain-damaged man was incarcerated on two separate occasions.

In 2008, a Judge of Compensation Claims (“JCC”) determined that the injured man required care around the clock during his incarceration. As a result, the JCC entered an order for the amount of services “actually rendered” to the worker. Two years later, the injured man filed a petition seeking payment for the costs associated with the 24-hour attendant care he received while he was in prison.

Appellate Court Refuses to Overturn Discovery Order Compelling Production of Social Media Photos in Florida Slip and Fall Case

Published on: January 12, 2015 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s Fourth District Court of Appeal has refused to overturn a unique discovery order in a premises liability action. In Nucci v. Target Corp., a woman allegedly slipped and fell on a foreign substance while shopping at a Florida department store in 2010. Following the incident, she filed a premises liability lawsuit against the store. In her complaint, the woman sought financial compensation for her resulting physical harm, pain and suffering, medical expenses, lost wages, future impairment, and other damages.

Prior to taking the injured woman’s deposition, counsel for the store reviewed the injured woman’s public Facebook social media profile. During her deposition, the attorney asked the woman to provide him with access to the photos included in her Facebook account. At the time, the woman objected to the company’s request. Two days later, counsel for the store again reviewed the woman’s social media profile and discovered a number of photographs were deleted. After that, the store filed a motion to compel inspection of the woman’s Facebook account. The store also asked the woman to refrain from destroying any further information included in her social media account.

Southern District of Florida Refuses to Dismiss Negligence Claims Against Cruise Ship Over Shore Excursion Accident

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

In Ash v. Royal Caribbean Cruises Ltd., 28 cruise ship passengers were reportedly injured in a bus crash in St. Maarten. Prior to the accident, each individual purchased tickets for a related excursion from a St. Maarten tour provider that contracted with the cruise ship company. The tour provider then contracted with the bus company to offer transportation between the ship and the onshore excursion for the passengers.

Following the bus accident, the injured passengers filed a lawsuit against the cruise ship owner, tour operator, and bus company in the Southern District of Florida’s admiralty court. In their complaint, the passengers accused the defendants of committing negligence and asserted several other related claims. The Florida court dismissed the plaintiffs’ claims against the foreign bus company for lack of personal jurisdiction, and the passengers filed an amended complaint. After that, the remaining defendants filed a motion to dismiss the lawsuit with the federal court. According to the two companies, the cruise ship passengers failed to state a claim upon which relief may be granted.

Appeals Court Says Video Deposition Evidence May be Used During Closing Argument in Florida

Published on: January 5, 2015 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s First District has refused to order a new trial in a truck accident case. In Borden Dairy Co. of Alabama, LLC v. Kuhajda, a woman was apparently hurt in a Florida traffic collision that was caused by the driver of a 30-foot delivery truck. Following the accident, the woman filed a negligence lawsuit against the driver of the truck and his employer in state court. In her complaint, the woman sought financial compensation for the injuries she allegedly sustained in the motor vehicle crash.

The delivery truck driver’s videotaped deposition was admitted into evidence at trial. At the time, neither defendant objected to its inclusion. In addition, the driver testified before jurors that the collision occurred while he was turning left out of a parking lot across a divided highway. The man claimed that another car unexpectedly pulled out of a different parking lot and prevented him from continuing on his intended path. As a result, the driver stated the delivery truck was stopped with the trailer blocking each of the southbound lanes of the roadway when the accident occurred.

First District Appellate Court Affirms Decision Denying Florida Workers’ Compensation Benefits Over Employee Misrepresentation

Published on: December 30, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In Clark v. R&L Carriers, a semi-truck driver was allegedly injured on the job in two separate traffic collisions in 2012. According to the trucker, he suffered serious neck, back, and shoulder injuries in the two accidents. Following the crashes, the man’s employer authorized medical care for both incidents. Later, the employer received a copy of the man’s medical records that predated the 2012 collisions. In the healthcare records, the trucker apparently complained of injuries that were similar to those for which he sought compensation from his employer. Around the same time, the driver’s employer also learned that the man engaged in prior litigation over this harm in another state. As a result, the trucker’s employer refused to compensate him for any further benefits related to the 2012 tractor-trailer accidents, based on the truck driver’s alleged misrepresentation.

Following a hearing on the matter, a Florida Judge of Compensation Claims (“JCC”) ruled that the truck driver committed misrepresentation when he did not alert his physicians to his prior medical history. Because of this, the JCC held that the trucker’s workers’ compensation claims were barred under Florida law. In response, the worker asked Florida’s First District Court of Appeal to review the decision.