Close

Articles Posted in Personal Injury

Updated:

Exception to Statute of Limitations in Florida Sexual Abuse Cases Only Applies to Intentional Torts

The Third District of Florida Court of Appeal recently affirmed a trial court’s ruling for Temple Beth Sholom in a sexual assault lawsuit. Plaintiff Joyce Firestone sought review after the trial court held that her claims against the Temple were filed after the statute of limitations had lapsed.In the early 1970s when…

Updated:

South Florida Federal Court Rules Cruise Operator Had No Duty To Warn Passenger About Open and Obvious Hazards

In Lugo v. Carnival Corp., a family of four departed on a cruise vacation in February 2015. While on board the ship, the two children slept on elevated bunk beds. In order to access the bunk beds, the children were required to utilize a removable ladder that did not fully…

Updated:

Miami Court Examines Factors to Consider When Reviewing a Motion to Transfer Venue Following Unfortunate Car Accident

In Morrissey v. Subaru of America, Inc., a couple was injured when the vehicle one spouse was driving unexpectedly accelerated and collided with a stone fence in the United States Virgin Islands. Sadly, the wife was left permanently paralyzed as a result of the crash. Following the incident, the couple…

Updated:

Florida Appeals Court Orders New Trial Following Multi-Million Dollar Judgment Against Tobacco Companies

In RJ Reynolds Tobacco Co. v. Calloway, several tobacco companies filed an appeal following a multi-million dollar judgment that was entered against them in Florida. In the case, the defendants faced claims of negligence, strict liability, fraudulent concealment, and conspiracy to commit fraud, brought by the estate of a man who…

Updated:

Jury’s Pain and Suffering Award Upheld Following Miami-Dade County Car Accident

Florida’s Third District Court of Appeal has reinstated a jury’s award in a traffic accident case. In Ortega v. Belony, a Florida man suffered a broken neck in a Miami-Dade County automobile collision. Following the car accident, the man was hospitalized for eight days and wore a medical halo device…

Updated:

Florida Appeals Court Remands Wrongful Death Lawsuit Filed Against Ship Owners for a New Trial

In Soto v. McCulley Marine Services, Inc., a man tragically drowned near Longboat Pass on July 4, 2009 when he fell from a jet ski and was sucked underneath a moored barge while wearing a life preserver.   At the time of the unfortunate drowning, a nearby dock was being used…

Updated:

Middle District of Florida Remands Negligence Lawsuit Back to State Court

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…

Updated:

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…

Updated:

Southern District of Florida Refuses to Dismiss Negligence Claim Filed Against Cruise Ship Company Following Passenger’s Snorkeling Excursion Drowning

In Pucci v. Carnival Corp., a woman set sail on a seven-day cruise with her family. While on board the ship, the woman purchased a snorkeling excursion that was marketed and sold on the vessel using brochures and television advertisements. The cruise ship company also marketed the excursion on its…

Updated:

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…

Contact Us