Recently, the Florida Supreme Court issued a major decision regarding statutory caps on non-economic damages in medical malpractice cases. The case arose when a 20-year-old pregnant woman, the dependent of someone in the Air Force, was admitted to a government medical center with severe preeclampsia. The doctors induced labor and…
In a recent case, a Florida appellate court considered a tragic shooting incident whereby a couple’s 35-year-old son Paul shot and killed his family members at Thanksgiving. Sixteen family members were in attendance. The couple attended every year, but their son didn’t. In fact, the year before, the host had…
Tragically, many car accident fatalities occur because of drug or alcohol intoxication. Under what circumstances does evidence of drug or alcohol intoxication stay out of a trial proceeding? A recent case illustrates how a defendant can keep evidence of intoxication from the jury by admitting liability. The case arose when…
In a 2010 case, the appellate court considered whether summary judgment was proper in a wrongful death lawsuit. The case arose when a man drowned while a floating dock was being installed at property owned by Walt Disney World. He was employed by a water sports concession located at a…
Interesting questions are presented in cases in which a security guard is negligent, leading to personal injuries or even death. Is the guard responsible for intentional misconduct by another person? In a recent case, a woman was murdered at her home in a gated community by a burglar. The community…
In a recent case an appellate court reviewed a high school’s liability in the death of a student and catastrophic injury of another after consuming excessive alcohol at a private home. The case arose when students received copies of a somewhat unintelligible invitation to an end-of-the-year party at a home…
What happens if a rental car company rents a car to a driver who proves to drive negligent and hurts or kills someone? In a recent appellate case, a man was killed in Florida while riding in a 2008 Corvette that was rented from Hertz and driven by the defendant.…
An interesting wrongful death case regarding the validity and applicability of arbitration agreements arose recently when a nineteen-year-old enrolled at Teen Challenge’s substance abuse facility in Florida. He signed an arbitration agreement that stated he accepted the Bible as the word of God and that God wanted the parties to…
Often plaintiffs must work towards settlement not only with a defense attorney, but also an insurer. One strategic area during a lawsuit is settlement offers. There can be an advantage to trying to settle early. However, offers must be extremely specific. This is why it is critical to secure the…
Usually a Florida landowner or an employer of an independent contractor is not liable for negligent acts of the independent contractor. There are exceptions, among them an exception for work that creates exceptional risks. In a wrongful death case earlier this year, a large tractor was moving along the interstate…