South Florida Personal Injury Lawyers Blog

Florida Supreme Court Rules a Timely Objection to a Jury’s Inconsistent Verdict Must be Made in a Products Liability Case or the Issue is Waived

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

The Florida Supreme Court has held that a party to a products liability action must make a timely objection to an inconsistent jury verdict before jurors are discharged or the issue is waived. In Coba v. Tricam Industries, Inc., a Florida man was killed after he fell 13 feet from an apparently faulty ladder. After the fatal accident, the personal representative of the man’s estate sued the ladder manufacturer and distributor for both negligence and strict liability in a Florida court.

During trial, the plaintiff offered testimony from two of the deceased man’s relatives who witnessed his unfortunate fall. In addition, the plaintiff provided contested evidence regarding an alleged design defect included in the ladder. After the evidence was presented, jurors were given instructions regarding the standard for finding a design defect under both strict liability and negligence theories. In addition, the jury received instructions about the standard for finding negligence based on the distribution and sale of an allegedly defective ladder. Without objection from either party, the court also provided jurors with special interrogatories about the ladder’s purported design defect.

Florida Court Holds Insurer Has No Duty to Defend Rental Car Lessee’s Permitee Following Car Accident

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

In Allstate Fire and Casualty Ins. Co. v. Paolino, an automobile insurance company issued a liability policy to a couple beginning in July 2011 and terminating on December 25, 2011. The policy listed four motor vehicles and provided bodily injury coverage up to $250,000 for each person and $500,000 per occurrence. The accident policy also stated the insurer would defend the named insureds in the event of a collision in a covered motor vehicle. The accident policy specifically excluded coverage for any bodily injury or property damage that arose out of the use of a substitute vehicle that was being driven by an individual who was not a named insured or a resident of the insured’s household.

At some point, the husband apparently rented a car from an agency and allowed the couple’s housekeeper to operate the vehicle solely for his benefit. At all other times, the vehicle was parked in a garage at the couple’s home. While the housekeeper was returning from a shopping trip that was requested by the couple, she was apparently involved in a traffic wreck. After that, the driver of the vehicle the housekeeper allegedly struck filed a personal injury case against the couple, their housekeeper, and the couple’s auto insurer in a Florida Court.

Southern District of Florida Grants Summary Judgment in Lawsuit Based on Cruise Ship Excursion Injury

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

In Wolf v. Celebrity Cruises, Inc., a man apparently suffered an injury while participating in a shore excursion during a cruise to Costa Rica. The man’s wife purchased the cruise ticket from a travel agent before the couple’s departure. Prior to boarding the cruise ship, the man signed a contract acknowledging that any companies offering shore excursions to him while aboard the vessel were independent contractors. The contract also stated the passenger agreed to participate in any on-shore activities at his own risk.

After departing from the cruise terminal, the man purchased a zip-line shore excursion from the Shore Excursion Desk that was located aboard the ship. The ticket stated the excursion would be operated by a third party that was an independent contractor. It also said the owner of the cruise ship would not be held liable for any injuries sustained by a passenger who elected to participate in the activity. In addition, the man signed a waiver that released the cruise company of all liability associated with the shore excursion.

Appeals Court Overturns Erroneous Decision in Florida Workers’ Compensation Back Injury Case

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

In Babahmetovic v. Scan Design Florida Inc., a Florida man apparently hurt his back when he lifted a heavy box at work in October 2013. Following his injury, the man’s employer authorized an urgent care facility to provide him with treatment. The facility determined the employee’s back harm was work-related and referred him to another physician for follow-up care.

In November 2013, the worker’s treating physician determined the employee suffered from both a workplace injury and a pre-existing degenerative disk condition. Although he indicated the worker’s harm was work-related on a treatment form, the physician sent a letter to the man’s employer stating only 40 percent of his back pain was caused by lifting the heavy box at work. About two weeks later, the man’s employer denied all benefits and stated the workplace incident was not a major contributing cause (“MCC”) of the worker’s need for medical care. According to the employer, the company was permitted to deny all compensability even though it previously authorized medical treatment within 120 days under Section 440.20(4) of the Florida Statutes.

Appeals Court Overturns Comparative Negligence Ruling in Florida Premises Liability Case Where Plaintiff Was Wearing High Heels

Published on: May 1, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Bongiorno v. Americorp, Inc., a Florida woman filed a premises liability claim against a property owner over the injuries she allegedly sustained when she fell on a slippery bathroom floor in the office building where she was employed. In response to the lawsuit, the property owner denied liability for the woman’s harm and asserted the defense of comparative negligence. Following a bench trial, a judge ruled in favor of the woman but found both parties equally negligent for her injuries. According to the judge, the woman was 50 percent responsible for her slip-and-fall harm because she wore four-inch high heels to work. As a result, the hurt woman’s damages award was significantly reduced.

On appeal to the District Court of Appeal of Florida, Fifth District, the woman argued the lower court judge committed error when he found her negligent for wearing high heels to work because there was no evidence offered to support such a conclusion. The building owner countered that women often fall as a result of wearing four-inch high heels, and the plaintiff assumed the risk when she chose to do so. In addition, the property owner claimed the fact that the woman told her doctor she was wearing such shoes at the time of her injury indicated an individual who was wearing so-called “safer footwear” could avoid falling on the supposedly slippery floor.

Northern District of Florida Dismisses Defective Design Case Over Lack of Supporting Evidence

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

In Witt v. Howmedicall Osteonics Corp., a woman had a medical device surgically implanted into her knee in 2008. The following year, she had the allegedly defective device removed and underwent total knee replacement surgery. After her second surgical procedure, the woman filed a strict liability and negligence lawsuit against the manufacturer of the medical device in the Northern District of Florida. According to the woman’s complaint, she suffered personal injuries as a result of the medical product’s defective design.

In response to her lawsuit, the medical device manufacturer filed a motion for summary judgment with the court. In general, a motion for summary judgment may be granted when there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. When considering such a motion, a court must view the facts offered in the light that is most favorable to the non-moving party.

Florida Court Holds Workers’ Compensation Case May be Time-Barred

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

In Limith v. Lenox on the Lake, an employee was injured in a Florida workplace accident. As a result, she filed a petition for benefits in 2011. A Judge of Compensation Claims (“JCC”) later dismissed the petition but reserved jurisdiction over the employee’s claim for legal fees and costs. In 2013, the JCC denied the employer’s request to dismiss the worker’s claim for lack of prosecution. Next, the employee sought a follow-up medical visit related to her workplace injury. Although the JCC denied the worker’s request, he also rejected the employer’s affirmative defense that the statute of limitations enumerated in Section 440.19 of the Florida Statutes had expired. After that, both parties filed an appeal with Florida’s First District Court of Appeal.

$1 Million Florida Jury Verdict Overturned After Irrelevant and Prejudicial Evidence Admitted in Car Accident Case

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

In Hurtado v. DeSouza, a man filed a personal injury claim against another driver after the motorist allegedly struck his stopped vehicle from behind at a traffic light. Following the apparently minor crash, the man filed a personal injury action in a Florida court against the driver who hit his car. Although he initially denied liability, the motorist eventually admitted liability immediately prior to trial. As a result, only the issues of causation and damages were submitted to a jury.

At trial, the court allowed certain irrelevant and prejudicial evidence suggesting the defendant attempted to flee the scene of the crash to be admitted. Over the defendant’s objections, the court also allowed the plaintiff to offer evidence that the defendant’s delay in admitting liability for the accident caused him mental anguish, even though Florida law did not support a claim based on that theory. The court also allowed the plaintiff to testify that the motorist never apologized to him and that he suffered significant financial hardship, including home foreclosure, as a result of his injuries. Next, the trial court refused to declare a mistrial or issue a curative instruction. The following day, however, the court issued a directed verdict on the issue of mental anguish and read a curative instruction to the jury without objection from the plaintiff. Ultimately, the jury issued an award of more than $1 million in favor of the plaintiff.

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.