South Florida Personal Injury Lawyers Blog

Workers’ Compensation Immunity in Questionable Florida Employment Situation

Published on: February 7, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In a recent case, a woman appealed form summary judgment entered in favor of a general contractor for whom her husband had worked. The case arose when the general contractor was managing a project at a processing plant in Miami. A plumbing company and its supplier was also on the job. A plumbing supply deliveryman delivered a steel pipe there one day in 2008.

At the site, a plumbing employee told him to take the steel pipe upstairs. He took it up to the second level. As he was walking back toward the lift, he stepped on a false ceiling and fell twenty feet to the ground. The deliveryman was left in a persistent vegetative state. His wife was appointed his guardian and sued the construction company and the plumbing company for negligence and loss of consortium.

Before she filed the lawsuit, the wife received workers’ compensation benefits from the workers’ compensation insurer for the plumbing company and the supplier. All defendants asserted workers’ compensation immunity. In Florida, workers’ compensation is the exclusive remedy for employees hurt on the job. This means employers are immune from lawsuit by their employees based in tort.

Insurer’s Liability for Dog Bites to Two People in Florida

Published on: February 4, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In a recent case an insurer filed a motion for rehearing on a dog bite case. The case arose out of a living situation in which a woman and her two sons lived with the woman’s boyfriend and his two dogs.

One day as the woman was dressing one of her sons, she and her boyfriend heard the other son screaming. One of the dogs was biting the other son in the spare bedroom. They tried to get the dog to let go, but when the dog let go of the boy, she bit the woman in the face, injuring her too.

The boyfriend’s home was insured under a homeowner’s policy. The policy offered personal liability coverage to the boyfriend for $100,000 per occurrence “Occurrence” was defined as an accident that resulted in bodily or property injury.

Slip and Falls in Landscaped Areas in Florida

Published on: January 28, 2014 | by Friedman Rodman Frank & Estrada, P.A.

While landowners in Florida have a responsibility to maintain their property in a safe condition or warn of nonobvious dangers, this duty may not apply if you are walking someplace on the property you are not supposed to be, such as landscaped areas, when other options are available.

In a recent case, a man went to the store Sam’s Club to buy something. He parked in their parking lot, which was landscaped with dirt, trees and grass that was not bounded with curbs. It had walkways that permitted people to walk from one landscaped area to the next without stepping onto the landscaped area. No signs told people to use these walkways.

The man left his car and tried to move through the landscaped area towards the store entrance. He knew there were walkways, but he chose to walk through the landscaping because it presented a shorter distance from the car to the entrance. His foot caught on a tree root and the man fell on a parking stop. He had to be taken to the hospital.

Stacking of Inferences in Florida Personal Injury Cases

Published on: January 24, 2014 | by Friedman Rodman Frank & Estrada, P.A.

Stacking inferences is impermissible in Florida personal injury cases, but a defendant may not frame a single inference as multiple inferences in order to defeat a plaintiff’s claim. In a recent case that illustrates this point, a Florida appellate court considered a single-vehicle accident that happened on a part of Interstate 95 that a construction company was contracted to resurface.

The case arose from an accident at dusk. It had been raining most of the day and was raining at the time of the accident. Another driver witnessed the accident, which started in the far left passing lane. The witness thought the plaintiff’s car, which was traveling in that lane, was going too fast for the rainy weather. The witness saw a sheet of water on the road and saw the car go sideways in the air. When he was cross-examined on this point, he stated he wasn’t sure whether there were puddles. The plaintiff’s car landed in the grass by the right lane.

A few minutes after the accident, a state trooper arrived. The plaintiff was taken to the hospital. Later the trooper testified at a deposition that there was standing water in the far right lane. His report included a diagram, which suggested the plaintiff lost control of the car when it touched standing water.

Wrongful Birth Lawsuits in Florida

Published on: January 21, 2014 | by Friedman Rodman Frank & Estrada, P.A.

Wrongful birth is a type of medical malpractice in which parents argue that negligent advice took away their chance to stop conception or terminate the pregnancy. In a recent wrongful birth case, an obstetrics and gynecology group and doctor appealed a final judgment in a medical malpractice action in which the plaintiffs were awarded $2.5 million in damages.

The case arose after a child was born with significant birth defects. During the mother’s pregnancy she had experienced bleeding and had to be examined using ultrasound technology. Her first report indicated the anatomy was mostly normal, but the view was limited based on the fetal position and there were other abnormalities.

The mother was referred to genetic counseling and had to undergo a more detailed ultrasound. She was also given the option for amniocentesis, but declined that option. The second ultrasound also had a limited view, but noted that the anatomy that could be seen looked normal and growth was appropriate.

What Happens If You Don’t Settle With All Defendants in a Florida Personal Injury Case?

Published on: January 17, 2014 | by Friedman Rodman Frank & Estrada, P.A.

Sometimes settlement with one defendant in a case is appropriate while settlement with another defendant cannot be reached. In those cases, a plaintiff can proceed to trial against one of the defendants while settling with the other and dismissing him or her. One concern a plaintiff may have in such a case is whether the remaining defendant can blame the other defendant when the case goes to trial.

In a recent case, the Florida District Court of Appeal considered the issue of whether a defendant could introduce evidence that one of the witnesses had previously been a defendant in the case, too. The case arose out of a three-car crash at an intersection.

An injured driver sued the other drivers and the owners of the vehicles they had ben driving. Before trial, the injured plaintiff settled her claim against one driver and the owner of the car he had been driving. She proceeded to trial against the other defendants. The plaintiff filed a motion before trial trying to prevent the introduction of any evidence regarding the dismissed driver’s earlier appearance in the suit and the settlement.

Evidence of Drug Use in Florida Wrongful Death Cases

Published on: January 14, 2014 | by Friedman Rodman Frank & Estrada, P.A.

Tragically, many car accident fatalities occur because of drug or alcohol intoxication. Under what circumstances does evidence of drug or alcohol intoxication stay out of a trial proceeding? A recent case illustrates how a defendant can keep evidence of intoxication from the jury by admitting liability.

The case arose when a city employee was standing at the rear of a city vehicle parked in a median area of the road, and was hit by a truck driver who crashed into him. The employee died immediately.

The deceased’s representative sued the other driver for wrongful death and asked the court for compensatory damages for the man’s widow and both compensatory and punitive damages for the estate. The final judgment against the other driver was more than $6 million. The other driver/defendant appealed.

Notice to Multiple Defendants in Florida Medical Malpractice Cases

Published on: January 10, 2014 | by Friedman Rodman Frank & Estrada, P.A.

Medical malpractice cases in Florida can be complicated and it’s important to retain an attorney with experience to help make sure you meet all the requirements, including the notice requirement. In a recent case, a married couple challenged the trial court’s order granting summary judgment to a doctor and radiologist in their medical malpractice case. The case arose when the wife was taken to the hospital because of pain and vomiting.

In the ER, multiple tests were performed, including a CT scan. A doctor in Switzerland read the scan and prepared a report for the hospital indicating the scan was unremarkable. Nonetheless, the wife was admitted to the hospital and a magnetic resonance angiogram (MRA) was performed.

The MRA results showed a filing defect in an artery. Emboli were suspected. Different personnel found problems on the CT scan not found by the Swiss doctor. An hour later, surgeons operated on the wife to remove a blood clot.

Privacy Concerns During the Discovery Phase

Published on: January 8, 2014 | by Friedman Rodman Frank & Estrada, P.A.

If you are thinking about filing a personal injury lawsuit in Florida, you may be wondering what happens after the complaint is filed. Unlike what happens in legal dramas seen on television, personal injury lawsuits can take a long time to be resolved.

During the course of the lawsuit, after a complaint is filed, the lawyers engage in a process called “discovery.” The discovery phase of the lawsuit allows both parties to ask each other questions, seeking out relevant information or information that could be relevant at trial to prove their case. Some forms of discovery are: interrogatories, requests for admission, requests for production, subpoenas, and depositions.

Interrogatories are questions one side asks the other. The answers must be signed under oath. If one party objects and fails to produce answers, the other party can file a motion to compel the answers. The court will determine whether the first party’s objections are appropriate.

Medical Malpractice Statute of Limitations in Florida

Published on: January 3, 2014 | by Friedman Rodman Frank & Estrada, P.A.

Under section 95.11(4)(b) of the Florida Statutes, a plaintiff must bring his or her action for medical malpractice within 2 years from the time of the incident that gave rise to the lawsuit or within 2 years from the time the incident was discovered if due diligence were exercised. In a recent case, a plaintiff appealed a final judgment in favor of a doctor and hospital. The court had granted summary judgment in their favor on the basis of a statute of limitations defense.

The doctor performed hip replacement surgery on the plaintiff in 2004. The next day the plaintiff told the doctor that his leg was numb and he had a foot drop. The doctor and staff told him these symptoms would go away after physical therapy. The plaintiff continued treatment with the doctor, but his symptoms didn’t improve.

In 2005, the plaintiff went to see a neurologist who advised him he had a permanent neurological deficit. In 2007, the plaintiff filed a notice of intent as required by statute and then the malpractice action.