Aug 25, 2016 by
The Florida Supreme Court recently ruled on an issue in conflict between two District Courts of Appeal in Chirillo v. Granicz (No. SC14-898). Both district courts weighed which legal duty should be applied in wrongful death cases when a patient commits suicide while under the care of a physician or psychotherapist. In Florida, the first stage of an appeal after a circuit court trial is one of five district court of appeals. If these ... [Read More]
Aug 18, 2016 by
In all Florida personal injury cases, the jury must decide whether to believe some or all of the version of events put forth by the plaintiff, or some or all of the version of events put forth by the defendant. Formally, they are tasked with determining any genuine issues of material fact. Case law places this task firmly in the hands of a jury. Judges, on the other hand, are ... [Read More]
Aug 11, 2016 by
In Florida personal injury and car accident cases, there are always four elements for an injured person or persons to prove: 1) a duty created by law directing the at-fault party to act in a certain way, 2) a breach of that duty, 3) an injury resulting from that breach, and 4) damages incurred from the injury. Often, appellate cases assess an error concerning one of the first three elements. ... [Read More]
Aug 4, 2016 by
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]
Jul 27, 2016 by
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]
Jul 20, 2016 by
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]
Jul 13, 2016 by
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]
Jul 6, 2016 by
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]
Jun 30, 2016 by
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]
Jun 21, 2016 by
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]
