In Okeechobee Aerie v. Wilde, Nos. 4D14-2770 and 4D14-2771, the court of appeals reviewed an appeal stemming from an $11 million verdict awarded to a motorcyclist injured by a drunk driver. The driver had recently left a social club bar that served him alcohol and contributed to his heavy inebriation. The driver’s blood alcohol content was .26 at the time of the accident, and the testimony of servers during the trial ... [Read More]

A series of consolidated appeals in Florida Wellness & Rehabilitation v. Allstate Fire & Casualty Co. (Nos. 3D15-151; 3D14-2688; 3D14-3008; 3D15-149 & 3D15-150) asked whether or not the language in an insurance policy provided notice to the insured that payments would be issued according to Florida Statutes 627.736 (5)(a)(2)(f), which pays medical care providers at a rate of 80% of 200% of the Medicare Part B schedules. Five medical providers, ... [Read More]

Eyewitness testimony in car accident cases can come down to the two parties in the accident, who often provide conflicting accounts of what happened. In these cases, it may be necessary to use an expert witness to help determine what occurred at the time of the accident. A recent decision issued from Florida’s First District Court of Appeals in Boyles v. Dillard’s Inc. (1D14-5276) addressed whether or not the trial court ... [Read More]

In personal injury actions, it is frequently necessary to help the fact-finder understand how the alleged negligence caused the injury to the plaintiff. Often, this is accomplished by expert testimony, which is guided by Florida Statutes and Rules of Civil Procedure (See Fla. Stat. §90.702 and Florida Rule of Civil Procedure 1.390.) The court first determines whether expert testimony is appropriate for the subject matter. This may include an assessment ... [Read More]

Often, personal injury actions involve contract law. For example, in many Florida automobile accident cases, the injured person must deal with either his or her own insurance policy or the policy of the at-fault party. In these types of cases, the terms of the policy are scrutinized to determine whether a clause will either provide or limit benefits to the injured person or persons. For any contract, the terms of the ... [Read More]

When applying for Social Security benefits, it is necessary to show the physical and mental health conditions from which you suffer and how these cause your inability to work. A recent, unpublished decision from the Eleventh Circuit U.S. Court of Appeals, Kent vs. Acting Commissioner of the Soc. Sec. Admin. (No. 15-15059), provides insight into what is required for an award of SSI benefits. In this case, the SSI applicant suffered from ... [Read More]

In Coffey-Garcia v. South Miami Hospital, Inc. (No. 3D15-1966), the appellate court reviewed an order that compelled the mother of a child diagnosed with cerebral palsy to answer deposition questions about any lawyers she consulted related to the medical malpractice action she filed as an individual and on behalf of her daughter. The defendants requested the order from the trial court after the mother acknowledged that she had spoken with ... [Read More]

Florida statute 395.1041 was created by the state legislature to address whether, when, and how patients are transferred from one hospital to another when the original hospital does not have service capabilities to treat the patient. It is also known as the “anti-dumping” statute. In a recent state appellate case, Morejon vs. Mariners Hospital, Inc., (No. 3D15-1711), the District Court of Appeals looked at whether 395.1041 created a duty to ... [Read More]

Florida licensed drivers may be initially surprised to learn who is covered under an insurance policy and when this coverage is available. A driver, depending on the terms of his or her insurance contract, may be covered when he or she drives another vehicle, like a rental car, if he or she gets in an accident while driving an automobile not specifically listed on the policy. The policy may also cover ... [Read More]

Over the many years mandatory car insurance has existed, the state legislature has crafted several laws that guide the process of car accident litigation. One of these laws covers the length of time an at-fault party has to accept a settlement offer proposed by the injured person. Florida Rule of Civil Procedure 1.442(f)(1) provides that a settlement proposal is rejected if it is not accepted within 30 days after service ... [Read More]