Articles Posted in Personal Injury Case Law

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:

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 state appellate court issued a written opinion in a Florida dog bite case discussing the single defense to the state’s strict liability dog-bite statute. Ultimately, the court concluded that a warning sign posted outside the dog park where the plaintiff was injured did not bar her recovery against the defendant dog owner.

Snarling DogThe Facts of the Case

The plaintiff had volunteered at a local dog park for three years. Prior to beginning as a volunteer, the plaintiff signed a waiver indicating that she was aware of the dangers involved in being in the dog park and that she accepted those risks. On the entrance gate into the dog park, there was a sign warning visitors of the potential dangers and explaining that all visitors enter at their own risk.

One day, the plaintiff was inside the dog park with the defendant and the defendant’s dog. The defendant’s dog was running around the park when it collided with the plaintiff, causing her to fall and break her leg. The plaintiff filed a personal injury lawsuit against the defendant, arguing that under the state’s strict liability dog-bite statute, the defendant was liable for her injuries.

Continue reading →

Published on:

For many, when anxieties run high, physical symptoms can set in. Commonly, symptoms of heightened anxiety are sweaty palms, heart palpitations, dizziness, or nausea. However, when a triggering event is serious enough – like witnessing a fatal Florida car accident – the symptoms can get much worse.

Fatal AccidentRecognizing this reality, Florida courts have determined that those who suffer physical symptoms as a result of witnessing a psychologically traumatic event may be able to recover for their injuries – both physical and emotional. This claim is called negligent infliction of emotional distress, or NIED.

Interestingly, NIED is not mentioned anywhere in the Florida Statutes. Instead, this cause of action was developed entirely through the court system. Essentially, courts were getting cases in which those who witnessed serious accidents involving a loved one were attempting to recover for the injuries they sustained from the person who caused the accident. Since there was no statute guiding the courts on how to handle these matters, the courts had to decide for themselves what the elements were to substantiate such a claim.

Continue reading →

Published on:

Earlier this month, an appellate court issued a written opinion in a Florida personal injury case that was brought by a woman who suffered worsening symptoms of a pre-existing condition after she received a chemical peel procedure from the defendant spa. The case required the court to determine if the lower court was proper in excluding a defense expert witness and entering judgment in favor of the plaintiff. Ultimately, the court concluded that the lower court was within its discretion and affirmed the verdict below.

Rolled TowelsThe Facts of the Case

The plaintiff arranged to have the defendant spa perform a chemical peel on her face. The plaintiff, who suffered from rosacea, filled out an intake form indicating that she had rosacea. However, the aesthetician failed to read the form before she conducted the peel.

The aesthetician later testified that, had she been aware the plaintiff suffered from rosacea, she would not have performed the peel. The aesthetician admitted that not reading the form was negligent, but she claimed that the plaintiff was also negligent. As it turns out, the plaintiff had not been to see a doctor for her rosacea for two years, and she had stopped taking all prescribed medication for her condition.

Continue reading →

Published on:

If a Florida wrongful death case goes to trial, one party ends up with an unfavorable result. In that case, the losing party may appeal the decision. But if an appeal is made, the party has to have a clear understanding of the issues it can raise—because if it failed to raise the issue before, the issue may be waived, and the party may be stuck with the result.

Cigarette SmokeIn a recent case, a Florida appeals court considered whether an issue could be raised on appeal that the defendants raised before—but not during—the trial. In that case, a man brought a wrongful death claim against two cigarette companies after his wife’s death. The case went to trial, and the jury found in the man’s favor, awarding him $460,000 against each defendant. The defendants appealed the decision, arguing in part that there was improper expert testimony.

The expert testified about the defendant’s use of ammonia in an attempt to increase the addictiveness of cigarettes. The trial court had allowed the expert, a historian, to testify about the history of the defendants’ efforts to increase the addictiveness of cigarettes. The court did not allow the expert to give an opinion on the chemistry of tobacco. However, on appeal, the defendants argued that the expert’s testimony went beyond a historical opinion by testifying that adding ammonia to cigarettes increases their addictiveness.

Continue reading →

Published on:

In most Florida personal injury cases that are tried to a jury, once both parties have concluded their presentation of the evidence, and the jury returns a verdict, that verdict is final. However, Florida lawmakers recognize that jurors can make mistakes, and thus they have provided a mechanism for parties to petition the court in these situations.

Scale and GavelRemittur and Additur

Under Florida Statutes section 768.74, after a jury determines that liability exists and returns a verdict, a party can ask the court to “review the amount of such award to determine if such amount is excessive or inadequate in light of the facts and circumstances which were presented to the [jury].”

If the judge determines that the amount awarded by the jury was inadequate, he or she can order an additur, which increases the amount of the jury’s verdict. Similarly, if the judge finds that the jury’s verdict was excessive, he or she can order a remittur, which reduces the jury’s verdict. If the party asking for review does not agree with the new figure, the judge will then order a new trial on the issue of damages only.

Continue reading →

Published on:

Earlier this month, a court issued a written opinion in a Florida golf cart accident case requiring the court to determine if the plaintiff’s insurance provider was required to cover the accident under the underinsured motorist (UM) provision of the plaintiff’s policy. Ultimately, the court held that the exclusion for accidents involving “non-owned golf carts” was invalid.

Golf CartThe Facts of the Case

The plaintiff was walking on a pathway in Sun City Center when she was struck by a golf cart. As a result of the collision, the plaintiff suffered serious injuries. The operator of the golf cart did not have sufficient insurance coverage to fully compensate the plaintiff for her injuries, so she filed a claim with her own insurance company, under the underinsured motorist provision.

The plaintiff’s insurance policy contained separate language for accidents involving liability insurance and accidents involving UM insurance. Specifically, the plaintiff’s liability policy covered accidents involving “non-owned golf carts,” but accidents involving “non-owned golf carts” were specifically excluded from the UM protection policy. Thus, the insurance company denied the plaintiff coverage.

Continue reading →

Published on:

Being involved in even a minor Florida car accident is a stressful experience, but when an accident victim suffers serious injury in an accident the stress can become overwhelming. initially the physical and emotional recovery consume an accident victim’s time and thoughts, but as the body and mind start to heal, financial worries creep into the picture. What sort of medical treatment is going to be needed in the future? How will it be paid for?

Car AccidentThankfully, Florida accident victims are able to pursue a claim for compensation against the at-fault party through that party’s insurance carrier. Although Florida law requires a base level of coverage, if the at-fault motorist does not have insurance coverage, then an accident victim will likely be able to file a claim with their own insurance policy under the uninsured motorist clause. Similarly, if an accident victim’s injuries amount to a need for compensation in excess of what is available through the at-fault driver’s policy, a claim under the victim’s underinsured motorist protection clause can help fill the gap.

Dealing with insurance companies, however, is rarely an easy experience. Insurance companies operate on a for-profit model, and are often reluctant to approve a claim for what the accident victim deserves. Indeed, in many cases insurance companies look for ways to deny a claim, or approach a motorist with a low-ball offer in hopes of settling the claim quickly and for as little as possible. A recent case illustrates an insurance companies attempt at avoiding financial liability following a Florida car accident.

Continue reading →

Contact Information