Personal Injury Case Law

Published on: February 25, 2016

Little League Association Found Not To Be Liable for Injury Occurring on Baseball Field

Earlier this month, another state’s supreme court issued a written opinion in a case brought by a parent injured while attending her son’s little league baseball game. The case was brought by the parent against the little league association, claiming that the association was negligent for failing to maintain the field. The court ultimately dismissed the case against the association, based on the court’s determination that the association did not owe the plaintiff a duty to keep the field safe.

Carlson v. Towne of South Kingstown: The Facts of the Case

The plaintiff was the mother of a boy who was competing in a baseball game organized by the defendant. The defendant, however, did not own the field. The injury occurred shortly after the game was over, between the dugout and right field. The plaintiff was walking out to meet her son when she stepped in a divot in the grass, breaking her leg in three places. The woman filed a lawsuit against the little league association, as well as the town. At issue in this case was the lawsuit against the little league association only.

After pre-trial discovery was complete, the association asked the court to dismiss the case. The association argued that since it did not own the field, it did not have a duty to inspect and maintain it prior to using it. The lower court agreed with the defendant and dismissed the case. The plaintiff appealed.

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Published on: January 28, 2016

Punitive Damages in Florida Personal Injury Cases

By Cecere Santana, PA

When a Floridian is injured in an accident caused by another’s negligence, that accident victim usually will be entitled to seek compensation for their injuries through a Florida negligence lawsuit. There are several different types of damages awards that may be appropriate in any given situation, depending on the type of conduct that led to the accident, the severity of the victim’s injuries, and the effect the injuries will have on the victim’s life moving forward.

The most common type of personal injury damages award is called economic damages. These damages are meant to compensate the victim for the out-of-pocket expenses they incurred as a result of being involved in the accident. For example, economic damages in Florida include past and future medical expenses, lost wages, and decreased earning capacity.

Another type of damages award, which is also quite common, is non-economic damages. These awards are designed to help compensate for the less tangible but equally real injuries and losses they suffered as a result of the accident. For example, damages that seek to compensate an accident victim for their pain and suffering fall under this category.

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Published on: October 20, 2015

Florida Supreme Court Holds Accident Victim’s Future Medical Payments Through Medicare and Medicaid Not Admissible at Trial

By Cecere Santana, PA

Earlier this month, the Supreme Court of Florida decided a case that may have wide-ranging implications in many Florida personal injury lawsuits. In the case, Joerg v. State Farm Mutual Automobile Insurance Company, the court held that the defendants were not entitled to introduce evidence of future medical payments that the injured party may receive through Medicare or Medicaid at the trial.

The Facts of the Case

In the case, the plaintiffs were the family of a developmentally disabled man named “Luke,” who was entitled to reimbursement for his medical expenses and medical bills through Medicare and Medicaid. Back in 2007, Luke was struck by a vehicle while riding a bicycle. Luke’s family filed suit against the driver of the vehicle as well as against State Farm, their own uninsured motorist carrier. Prior to proceeding to trial, the case against the driver was withdrawn, and the case went forward with regard to State Farm only.

Before the trial began, the plaintiffs filed a pre-trial motion to exclude any evidence of Medicare or Medicaid payments that Luke may receive in the future. After considering both parties’ arguments, the court allowed the defendant to introduce evidence of “future medical bills for specific treatment or services that are available . . . to all citizens regardless of their wealth or status.” However, the court did not allow State Farm to present evidence of Luke’s potential future Medicare or Medicaid benefits.

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