The Middle District of Florida in Fort Myers has remanded a car accident case back to state court after the defendants failed to establish that the amount in controversy exceeded the federal diversity jurisdiction requirements enumerated in 28 U.S.C. § 1441(a). In Bess v. Day, a Florida man was apparently injured…
Articles Posted in Car Accident
Florida Appeals Court Affirms Summary Judgment in Fatal Pedestrian Accident Case
Florida’s Second District Court of Appeal has affirmed a trial court’s order granting summary judgment in a fatal pedestrian accident case. In Panzera v. O’Neal, a man was unfortunately struck by a semi-truck while attempting to cross Interstate 75 on foot in 2011. Following the crash, the man’s estate filed…
Middle District of Florida Holds Bad Faith Insurance Claim Should be Decided by a Jury
The Middle District of Florida has denied a defendant’s motion for summary judgment in a bad faith insurance lawsuit. In Hines v. Geico Indemnity Co., a Florida woman apparently caused a motor vehicle collision while driving a car that was owned by her husband. At the time, the vehicle carried liability…
Florida Appeals Court Overturns Unsupported Additur Award in Traffic Wreck Case
Florida’s Fourth District Court of Appeals has overturned an additur award after the trial court failed to provide its findings in support of the additional damages. In Ferrer v. La Serna, a woman was apparently injured when her vehicle was struck by another car in Florida. A few days after the…
Tampa Court Holds Woman Entitled to Receive UM Auto Accident Benefits
In Tibbetts v. State Farm Mutual Automobile Ins. Co., a Florida woman sought uninsured motorist (“UM”) benefits from her parents’ automobile insurer following a September 2014 traffic wreck. At the time of the collision, the woman was living with her parents and riding as a passenger in one of the…
Insurance Company Ordered to Pay Legal Fees and Costs After Denying Benefits to Insured Florida Driver Following Collision
In Explorer Insurance Co. v. Cajusma, a Florida man obtained liability coverage from an insurance company. Later, the man and his passengers were involved in a traffic wreck with another vehicle that was carrying two individuals. Following the accident, the man and his passengers each sought chiropractic care from a…
Appeals Court Orders New Trial in Florida Car Accident Case
In Maniglia v. Carpenter, two men were involved in a nighttime car accident on Interstate 95 in Florida in 2009. The accident was purportedly caused when the left front portion of one car struck the right rear corner of another vehicle while changing lanes. Although the driver who was changing lanes…
Appeals Court Rules Florida Car Accident Victim’s PIP Benefits Subject to Contracted-For Deductible
In Mercury Insurance Co. v. Emergency Physicians of Central Florida, a Florida woman was injured in a car accident. At the time of the traffic wreck, the woman carried $10,000 in personal injury protection (“PIP”) benefits that she purchased from her auto insurer. As part of the PIP policy, the…
Southern District of Florida Allows First-Party Bad-Faith Action Against Insurer to Proceed
In Levesque v. Government Employees Insurance Co., a Florida woman sustained serious injuries in a car accident that was caused by an uninsured motorist. Following the crash, the woman sought uninsured motorist (“UM”) benefits from her automobile insurance provider. Since the insurance company failed to provide the woman with the…
Florida Liability Insurer Held Jointly and Severally Liable for Costs in Car Accident Case
In New Hampshire Indemnity Co. v. Gray, a Florida driver was sued following a catastrophic auto accident. Throughout the case, the man’s insurance company provided a defense to the motorist, pursuant to the terms of his liability insurance policy. At the close of the trial, a jury awarded the plaintiff…