The judge plays an extremely important role in any Florida personal injury case. Among the major duties of the judge during a trial is to make all evidentiary rulings. These may come up in a pre-trial motion in limine or throughout...
Continue reading →
Florida Court Discusses the Prohibition against Stacking Inferences in Recent Car Accident Case
Recently, a state appellate court issued an opinion in a Florida car accident case discussing circumstantial evidence as well as its limits. The case required the court to explain the rule against stacking inferences based on circumstantial evidence. The Facts...
Continue reading →
Continue reading →
Florida Court Explains a Plaintiff’s Comparative Negligence Is Irrelevant in Recent Intentional Tort Case
Earlier this month, a state appellate court issued a written opinion in a Florida personal injury case discussing the doctrine of comparative negligence as it pertains to allegations involving an intentional tort. Ultimately, the court concluded that a court is...
Continue reading →
Continue reading →
Florida Court Considers a Case Discussing the Substitution of a Party After the Named Defendant Died
A recent opinion by a Florida appellate court considered whether a case was properly dismissed after the plaintiff substituted the defendant’s estate after the defendant’s death. The plaintiff initially filed a complaint naming a man as the defendant; however, the...
Continue reading →
Continue reading →
Who is Liable When Injured by Heavy Machinery?
Recently, the state’s supreme court issued a written opinion in a Florida personal injury case discussing an interesting aspect of Florida law that allows for an accident victim to hold the owners of dangerous instrumentalities liable for their injuries under...
Continue reading →
Continue reading →
Florida Court Discusses Medical Malpractice Pre-Suit Requirement
In a recent case, a state appellate court issued an opinion in a Florida personal injury case requiring the court to discuss the state’s medical malpractice pre-suit requirement and whether the plaintiff’s case was required to comply with that requirement....
Continue reading →
Continue reading →
Hardware Store’s Motion for Summary Judgment Denied in Recent Florida Premises Liability Case
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...
Continue reading →
Continue reading →
Florida Roller Coaster Derails, What are the Victims Rights?
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...
Continue reading →
Continue reading →
Florida Supreme Court Discusses When a Case Must Comply with the State’s “Onerous” Medical Malpractice Requirements
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...
Continue reading →
Continue reading →
Court Finds Plaintiff’s Acceptance of Risks Involved in Volunteering at Dog Park Does Not Prevent Her from Filing a Personal Injury Case
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...
Continue reading →
Continue reading →
