Earlier this month, a Florida appellate court issued a written opinion in a Florida medical malpractice case that required the court to determine if the plaintiff’s case was timely under the applicable statute of limitations. Ultimately, the court concluded that...
Continue reading →
Florida Appellate Court Determines Conflicting Evidentiary Rulings Unfairly Hurt Personal Injury Plaintiff’s Case
Earlier this month, Florida’s Fourth District Court of Appeal issued a written opinion in a Florida personal injury case brought by a former smoker who had developed lung cancer and Chronic Obstructive Pulmonary Disease (COPD). The plaintiff’s case was filed...
Continue reading →
Continue reading →
Florida Court Discusses and Limits “Assumption of the Risk” Doctrine
Last month, Florida’s Fifth District Court of Appeals issued a written opinion in a premises liability case brought by a man who tripped and fell on an unsecured cord while rehearsing with a church band. The court had to determine if...
Continue reading →
Continue reading →
Florida Appellate Court Clarifies What Constitutes “Fraud on the Court,” Reversing the Dismissal of Plaintiff’s Car Accident Lawsuit
Earlier this month, a Florida appellate court issued a written opinion in a car accident case that was brought by a man who was rear-ended by a truck while he was stopped on the highway. The case required the court...
Continue reading →
Continue reading →
Florida Appellate Court Determines Water Company May Be Liable for Condition of Pavement Surrounding In-Ground Valve
Earlier this month, a Florida appellate court issued a written opinion in a premises liability case brought by a woman who tripped on a water valve while walking on a public road. The appeal resulted from a lower court decision...
Continue reading →
Continue reading →
Florida Appellate Court Reverses Lower Court’s Decision, Allowing Premises Liability Case To Proceed to Trial
The Second District Court of Appeals recently issued a written opinion in a premises liability case, reversing a lower court’s ruling that had dismissed the plaintiff’s lawsuit based on a lack of evidence that the defendant knew or should have...
Continue reading →
Continue reading →
Florida Courts Continue to Invalidate Improperly Executed Arbitration Contracts in Nursing Home Abuse and Neglect Cases
Earlier this month, the District Court of Appeal for Florida’s Second District issued a written opinion in a nursing home negligence case. The issue the court had to decide was whether the arbitration clause that was signed by the deceased resident’s...
Continue reading →
Continue reading →
Florida Supreme Court Holds Medical Malpractice Plaintiff Is Entitled to Favorable Jury Instruction Where Evidence Suggests a Foreign Object Was Left in the Plaintiff’s Body
Earlier this month, the Florida Supreme Court issued an opinion in a medical malpractice case in which the plaintiff claimed that the defendant negligently left a four-inch piece of drainage tube in his body after a surgery. The court ultimately...
Continue reading →
Continue reading →
Florida Appellate Court Permits Plaintiff’s Slip-and-Fall Lawsuit to Proceed Despite Obviousness of the Hazard that Caused Plaintiff’s Fall
Earlier this month, a Florida appellate court issued a written opinion in a slip-and-fall case, reversing the lower court’s decision to grant the defendant’s motion for summary judgment. The case required the court determine if a plaintiff can still recover...
Continue reading →
Continue reading →
Failure to Follow Procedural Rules May Result in Delay or Dismissal of Florida Personal Injury Cases
There are thousands of cases filed in Florida courts each month. In fact, so many cases are filed in Florida that the system would get bogged down if each case resulted in a jury trial. To help whittle down the...
Continue reading →
Continue reading →
