Under Florida common law, a lawsuit that does not have much connection to Florida may be subject to “forum non conveniens,” which is Latin for “inconvenient forum.” It comes up only after a plaintiff is able to effect service of process of a lawsuit on a defendant who is present…
Unfortunately, accidents on the road, whether you’re in a car, scooter, truck or walking around as a pedestrian, are all too common on Florida’s busy streets. One common kind of loss you might experience after a serious accident in which you are injured is lost wages. After an accident you…
Florida is a popular destination for tourists who wish to go on a cruise. The last thing anyone wants to worry about while on vacation is getting into an accident while on the boat. However, accidents do happen on cruise ships. Usually cruise ship attorneys are very experienced at defending…
What happens if a plaintiff’s injuries are so severe, he or she dies during the course of a lawsuit? Does the case get dismissed? Can a spouse or other relative be substituted in as plaintiff? The Florida Supreme Court recently discussed this important issue as it related to a personal…
During trial, it can be difficult for some witnesses to control their emotions, particularly if they believe they’ve been wronged by the other side or their insurer. A recent personal injury case illustrates the importance of controlling one’s emotions in a trial setting, particularly if a judge has expressly ruled…
It is tragic when a student is hurt or killed in an athletic event due to a school’s failure to adequately supervise the student. Florida courts recognize that students owe a duty to students because they stand “partially in place of the student’s parents.” When it comes to sporting events,…
In Florida, Rule 1.540(b)(3) covers the question of fraud or misconduct of an adverse party during a lawsuit. The rule is modeled on a federal rule of civil procedure. Fraud or misconduct “of an adverse party” can include misconduct by either the other party to the lawsuit or his or…
A Florida appellate court recently dealt with the differences between personal injury lawsuits brought against a decedent’s employers versus his coworker who caused his injury/death. In this case, the defendant was a spotter driver who used tractors to move trailers for purposes of loading and unloading merchandise. One morning, he…
A Florida appellate court recently reviewed the issue of when a driver’s personnel file can be compelled for purposes of providing proof in an auto accident case in Walker v. Ruot. That case arose from a car accident in which an employee of Bright House Networks LLC injured the plaintiff…
The recent appellate decision in Howard v. Palmer illustrates that the courts recognize the importance of being able to hire an experienced, savvy personal injury attorney right away. In that case, an employee of Groupware ran a stop sign and crashed into the plaintiff’s car. The plaintiff sued for personal…