Published on:

Earlier this month, a state appellate court issued a written opinion in a Florida premises liability lawsuit requiring the court to determine if the lower court was correct to grant the defendant hardware store’s motion for summary judgement. The court ultimately concluded that each of the plaintiff’s two theories was sufficiently supported by the evidence such that they should proceed toward trial. Thus, the appellate court reversed the lower court’s decision to dismiss the plaintiff’s case.

Knee InjuryThe Facts of the Case

The plaintiff was shopping at the defendant hardware store when an object fell from a shelf behind him and struck him behind the knee. The plaintiff later filed a two-count personal injury lawsuit against the store.

The plaintiff testified that he did not see the item before it struck him. However, he could see it out of the corner of his eye as it was falling from the shelf. After the accident, the plaintiff testified that a store employee showed the plaintiff a trailer hitch and told him that it was the object that had struck him. A representative for the hardware store testified that large, heavy items are not stored on the upper shelves; however, the plaintiff claimed to have seen other trailer hitches up on the top shelf immediately after the incident.

Continue reading →

Published on:

Earlier this month, six people were hospitalized after a car on the Sandblaster rollercoaster in Daytona Beach’s Mardi Gras Fun Center derailed. According to a local news report, the coaster was carrying ten people in three separate cars when the front car derailed and fell off the tracks.

RollercoasterThe front car that derailed fell to the ground, leaving the other two cars dangling over 30 feet in the air. Emergency responders rushed to get the remaining occupants down safely. In all, six people were hospitalized, two with serious injuries.

Another news article interviewed one of the victims who was riding in one of the rear cars, who opened up about her experience. She explained the sensation of dangling from the coaster as she watched her co-worker fall over 30 feet to the ground below. The woman, a mother of two, told reporters that she was in an extreme amount of pain and thought that she was going to die. She suffered nine broken ribs and spinal injuries as a result of the derailment.

Continue reading →

Published on:

All Florida personal injury cases must follow certain procedural rules in order to be properly heard by a court. In most cases, court procedural rules are jurisdictional, meaning that a party’s failure to comply with a rule deprives the court of the jurisdiction – or power – to hear the case. Thus, when certain rules are not followed, Florida courts have little discretion but to dismiss the case.

AgreementOne of the most troublesome procedural rules in Florida personal injury cases is the statute of limitations. Essentially, a statute of limitations sets the time by which a plaintiff’s claim must be filed. While there are certain exceptions, in Florida, most personal injury cases must be filed within four years of the plaintiff’s injury. For Florida medical malpractice cases, the case must be filed within four years of the alleged act of negligence.

Of course, there are exceptions to these general rules that can extend the amount of time an accident victim has to file their claim. For example, if a plaintiff’s injury is not discovered until a later date, the statute of limitations may be determined to have begun at the time the plaintiff discovered their injury, rather than at the time the injury occurred.

Continue reading →

Published on:

Earlier this month, a state appellate court issued a written opinion in a Florida premises liability case brought by a woman who slipped and fell while in a Whole Foods grocery store. The case presented the court with the opportunity to discuss whether the plaintiff’s evidence was sufficient to survive a summary judgment challenge regarding the store’s knowledge of the hazard that caused the plaintiff’s fall.

Grocery Store AisleUltimately, the court concluded that the plaintiff did present sufficient evidence to give rise to a material issue of fact. Thus, the court held that summary judgment was not proper.

The Facts of the Case

The plaintiff was shopping in a Whole Foods grocery store when she slipped and fell near the self-service food section. The plaintiff, through an interpreter, explained that she was not in a rush at the time and did not see the substance prior to her fall. She claimed that she stepped on a dirty, greasy area of the floor, which caused her to fall. The plaintiff also explained that it seemed as though other people had stepped in the substance. The plaintiff’s son testified as well, consistently with his mother.

Continue reading →

Published on:

Last month, a state appellate court issued a written opinion in a Florida car accident case involving the issue of whether the lower court was proper to grant a new trial on all of the damages categories after finding that the jury’s award for future medical expenses was excessive. The court ultimately determined that, under Florida Statutes section 768.043(1), only the category found to have been excessive should be subject to a retrial.

Crushed CarThe Facts of the Case

The plaintiff was injured in a car accident with an uninsured motorist. Since the other driver did not have insurance, the plaintiff was forced to file a claim with her own insurance company, under the uninsured motorist (UIM) clause. Generally speaking, when a UIM clause is included in an insurance contract, the insurance company agrees to stand in the place of the uninsured driver. Thus, if the claim cannot be settled, the insurance company may be named as a defendant in a personal injury lawsuit filed by the plaintiff.

Published on:

Earlier this month, the National Transportation Safety Board (NTSB) opened up an investigation following a fatal Florida car accident involving a Tesla vehicle that killed two teenagers. According to a recent news article discussing the tragic accident and subsequent investigation, the vehicle was traveling southbound on Seabreeze Boulevard in Fort Lauderdale when it left the roadway and crashed into a concrete wall. The vehicle then immediately caught fire.

Tesla Charging StationThe driver and front-seat passenger were both pronounced dead in the accident. The rear-seat passenger was ejected from the vehicle and sustained major injuries but is expected to live. Police believe that speed may have been a factor in the fatal accident.

Following the accident, the NTSB opened an investigation, focusing not on the autopilot feature that has been a matter of recent concern but instead on the vehicle’s electric battery and the possibility that it was responsible for the fire.

Continue reading →

Published on:

Earlier this month, a state appellate court issued a written opinion in a Florida wrongful death case requiring the court to determine, among other things, if the plaintiff qualified as a “surviving spouse.” Ultimately, the court concluded that, although the plaintiff was not married to the accident victim at the time of his injury, the relevant inquiry was whether they were married at the time of death.

Crowded HighwayThe Facts of the Case

The plaintiff was driving with her fiancé when a car pulled out in front of them. The plaintiff’s fiancé swerved to avoid a collision, but in so doing lost control of the vehicle. The car rolled once or twice before coming to a rest in a roadside ditch.

The plaintiff was not injured in the accident. However, her fiancé was immediately rendered a quadriplegic. Her fiancé filed a personal injury lawsuit against the driver, as well as the pizza-delivery chain for which he was working at the time of the accident. A few months later, the plaintiff and her fiancé were married. Before the plaintiff’s fiancé’s case concluded, he died due to injuries related to those that he sustained in the accident.

Continue reading →

Published on:

While the thought of fleeing the scene of an accident is completely foreign to most motorists, the fact remains that there are over 33,000 hit-and-run accidents across the country each year. In many Florida hit-and-run accidents, an accident victim’s injuries are worsened by the fact that they were not able to receive the medical treatment they need in a timely manner. The result is that many hit-and-run accident victims suffer serious injuries.

Fiery CrashAfter someone has been involved in a hit-and-run accident, they may be entitled to monetary compensation from a variety of sources. If police are able to locate the hit-and-run driver, the accident victim can pursue a Florida car accident lawsuit against the responsible driver. However, in some cases, the at-fault driver eludes authorities.

When police are unable to locate a hit-and-run driver, the accident victim may still be able to recover for their injuries through their own insurance policy. Under a policy’s underinsured/uninsured motorist provision, a hit-and-run accident victim can file a claim against his own insurance company as though it was the at-fault driver. Of course, the insurance company may reject the victim’s claim, in which case the victim can then file a personal injury lawsuit in hopes of getting a court to compel the insurance company to pay out on the victim’s claim.

Continue reading →

Published on:

In Florida, lawmakers have determined that lawsuits bringing claims of medical malpractice must comply with additional requirements that are not necessary in Florida personal injury cases bringing claims under a traditional theory of negligence. In so doing, lawmakers put courts in the position of determining which cases should be classified as “medical malpractice cases” and thus be subject to the additional requirements.

Knee X-RayA recent decision issued by the Florida Supreme Court provides some much-needed guidance for how courts should sort out personal injury cases that lie on the line between traditional negligence and medical malpractice.

The Facts of the Case

The plaintiff was the aunt of a student at a school for the deaf. The student was seriously injured when she was placed in a hold by staff and taken to the ground after staff determined that she was being non-compliant. As a result of her injuries, the student’s left leg was amputated below the knee.

Continue reading →

Published on:

Earlier this month, a Florida auto accident between a car and a dump truck claimed the life of a mother and her eight-year-old daughter. According to a local news report, the accident occurred on John Young Parkway at around 3:50 in the morning.

Dump TruckEvidently, the mother was traveling northbound on the Parkway when she entered the right-turn lane. However, as she did so, she ran into the rear of a dump truck carrying a load of asphalt that had been parked on the road shoulder but was partially extending into the lane of traffic. No one was in the truck at the time, and it has not yet been determined why the vehicle was left partially obscuring a lane of traffic.

Tragically, the young mother was pronounced dead at the scene of the accident. The child was transported to a nearby hospital, but doctors were unable to save her life. The accident is still under investigation.

Continue reading →

Contact Information