After four years of thinking about whether or not to ban texting, the Florida legislature has sent a texting-while-driving ban to Florida Governor Rick Scott this week. The House voted 110-6 to pass the ban, while the Senate voted 39-1 to approve the bill that the House had amended. Critics…
The District Court of Appeal of Florida, Fifth District, recently decided a case involving products liability. The case arose from a 2003 auto accident when a couple’s Ford Aerostar allegedly went from standing still into an acceleration that injured the wife. According to the couple’s lawsuit, Ford knew that the…
A Florida woman was diagnosed with stage 3c breast cancer after her physician failed to report evidence of microcalcifications during a routine breast screening two and a half years before the diagnosis. The injured patient filed suit against the hospital, treating physician, and medical imaging company. She agreed to let…
The Second District Court of Appeal recently ruled in a case regarding personal injuries sustained in a flash explosion on a boat. The case arose when a retailer sold the boat to a couple and later performed repairs. There was a flash explosion on the boat and according to the…
Legislation was recently introduced by a state representative that would require industries to report the chemicals injected into the ground while fracking in Florida. Currently there is no fracking operation in Florida, although there has been recent speculation that fracking would begin in South Florida near other oil and gas…
Eighteen Florida counties allow hospitals to pay for a patient’s care by granting them the ability to take a portion of the patient’s legal judgment or settlement. This is called a hospital lien, or a right to secure a debt. A patient may seek treatment at a hospital for an…
Florida’s Third District Court of Appeals handed down a ruling against a condominium association who failed to repair a buckled section of carpet in a common area of the condominium. The injured plaintiff and other condominium owners had repeatedly complained to the Board of Directors of the Association about the…
The U.S. Supreme Court recently heard arguments regarding whether or not federal law regulating generic drugs preempts New Hampshire’s design-defect law. The case may determine whether or not the injured plaintiff is able to recover from the generic manufacturer. The trial court and lower appellate court found that federal law…
The Florida District Court of Appeal issued an opinion in Howard v. Palmer, granting a new trial to the plaintiff. Defense counsel repeatedly made improper statements during the trial implying the plaintiff’s actions were all centered around suing the defendant. Florida case law has established precedent against statements made during…
Florida’s First District Court of Appeals recently issued two opinions in one case, Villalta v. Cornn Intl., that assessed whether workers’ compensation statutory immunity applied to a contractor and subcontractor. A construction worker was finishing drywall when his ladder slipped into a cutout left by other subcontractors. He fell through…