In Frost v. McNeilus, two defendants admitted to liability for a Florida motor vehicle collision that resulted in injuries to a plaintiff. Although the parties came to an agreement regarding the amount of past medical bills the plaintiff was entitled to receive, they disagreed about her future medical expenses as…
Articles Posted in Personal Injury
Florida Supreme Court Says Auto Insurer Issued New Policy When it Changed the Sole Named Insured in UM Benefits Dispute
The Supreme Court of Florida has resolved a conflict between two District Courts of Appeal in an uninsured motorist insurance dispute. In Chase v. Horace Mann Insurance Co., a man purchased motor vehicle insurance with bodily injury liability limits of $100,000 per person and $300,000 per accident from an insurance…
Middle District of Florida Denies Motion for Summary Judgment in Bad Faith Insurance Case
In Taylor v. Geico Indemnity Co., a driver was involved in an at-fault motor vehicle collision with a motorcyclist. Following the traffic wreck, the biker was treated for numerous broken bones. The motorcyclist elected to receive compensation from his own motor vehicle insurer, which would then seek subrogation from the at-fault…
Appellate Court Holds Negligent Security Plaintiff’s Status is Relevant in Lawsuit Against Florida Apartment Complex
A Florida appeals court has found that a negligent security plaintiff’s status on the land is relevant. In Nicholson v. Stonybrook Apartments, LLC, a woman was shot while attending a party in the common area of an apartment complex. Following the incident, the woman filed a negligence lawsuit against the complex…
Florida Appeals Court Orders New Trial in Motorcycle Crash Case
Florida’s Second District Court of Appeals has ordered a new trial in a motorcycle collision case. In Shaver v. Carpenter, a motorcycle carrying a husband and wife was struck by an automobile in an intersection. Following the traffic wreck, the couple filed a negligence lawsuit against the driver who allegedly…
Tampa Federal Court Remands Medical Device Products Liability Case Back to Sarasota County
The Middle District of Florida in Tampa has remanded a products liability case back to state court. In Wier v. DePuy Orthopaedics, Inc., a man was allegedly hurt by a medical device that was surgically implanted in his hip. As a result, he filed a lawsuit against the manufacturer of…
Appeals Court Overturns $5.9 Million Florida Wrongful Death Verdict Against Tobacco Company
In Aycock v. R.J. Reynolds Tobacco Co., a Florida woman filed a wrongful death case in the Middle District of Florida against a tobacco company over her husband’s 1996 lung cancer death. In her complaint, the woman sought both compensatory and punitive damages from the company that manufactured the cigarettes…
Fort Myers Federal Court Refuses to Remand Car Accident Case Back to Lee County
In Jackson v. St. Jude Medical Neuromodulation Division, a man was injured in a rear-end collision while riding as a passenger in an automobile. About one year later, the man filed a lawsuit in Lee County, Florida seeking damages from both the driver and the owner of the vehicle that…
Orlando Court Refuses to Dismiss Couple’s Negligence Lawsuit Against Cruise Ship Owner
In Shore v. Magical Cruise Co., Ltd., a couple set sail on a themed cruise ship. While aboard the vessel, the wife apparently suffered a staphylococcal infection following a treatment in the ship’s spa. In addition, the husband allegedly became ill as well. After the couple returned from their cruise,…
Florida Appeals Court Refuses to Limit Discovery Regarding Doctor’s Relationship With Law Firm in Car Accident Negligence Case: Brown v. Mittelman
In Brown v. Mittelman, a plaintiff who was injured in a car accident sought medical treatment from a physician following the collision. The plaintiff’s attorney apparently referred the plaintiff to the medical provider. In addition, the doctor reportedly treated the plaintiff under a letter of protection agreement. Such an agreement…