In a recent case, the Third District Court of Appeals in Florida issued an opinion in an appeal involving a final summary judgment entered in favor of the defendants, appellees the University of Miami, Xue Zhong Liu, M.D. and Rebecca Rodriguez, L.P.N. After going on vacation in Florida, the patient…
South Florida Personal Injury Lawyers Blog
Florida Appeals Court Affirms Lower Court in Premise Liability Case
In a recent case, the District Court of Appeal of the State of Florida Second District issued an opinion in an appeal involving a duty to warn or duty of reasonable care premise liability action between the Appellant, Melanie Chadwell Norris, and the Appellee, Alan Rodriguez. Ms. Norris sustained injuries…
Florida Appeals Court Affirms Lower Court Ruling in Negligence Case, Siding with Plaintiffs
In a recent case, the Third District Court of Appeals in Florida issued an opinion in an appeal involving a negligence case between plaintiffs, Anny K. Berastain and her daughter, Natalie, and the defendant, Miami-Dade County (the County). The plaintiffs filed a negligence action following injuries suffered by Natalie while…
Florida Appeals Court Upholds Compensation Claim, Affirming Lower Court Decision
Recently, the First District Court of Appeals in Florida issued an opinion in an appeal involving a workers’ compensation claim from a worker serving as a firefighter who suffered a heart attack and subsequently received a heart transplant after being diagnosed with COVID-19. According to the record, the firefighter was…
Florida Appeals Court Finds Against Plaintiff in Liability Case, Affirming Trial Court
In a recent case, the District Court of Appeals of the State of Florida Fourth District issued an opinion in an appeal involving a premises liability action arising from a slip-and-fall incident at a restaurant. The suit was between Elizabeth Sentz, the Appellant, and Bonefish Grill, LLC (Bonefish Grill), the…
Multiple People Injured, Including Police Officer, in Suspected DUI Miami-Gardens Crash
From year to year, Florida is consistently one of the states with the most annual traffic accidents. One of the most common ways to measure the risk of fatal car accidents from state to state is the metric of deaths per 100 million miles traveled within a particular state. This…
Appellate Court Reverse Lower Court in Florida Negligence Case, Denying Punitive Damages
Recently, the district court of appeals for the State of Florida Fourth District issued an opinion in an appeal involving a negligence claim by the appellant, Ebsary Foundation Company (Ebsary), against the appellee, Thomas C. Servinsky and Marie L. Servinsky. The Severinskys punitive damages claim is based on the allegation…
Head-On Car Crash Results in Multiple Serious Injuries
Speeding is one of the main causes of car accidents throughout the country. High-speed driving increases both the severity and the likelihood of car crashes. Driving at higher speeds makes it more difficult to react to mistakes on the road from yourself or other drivers, such as quickly stopped cars…
Federal Circuit Court Affirms Lower Court Ruling in Fatal Florida Car Accident Case
Recently, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a negligence and vicarious liability claim by the Plaintiffs-Appellees, the estates of four women who died in a car accident, against the Defendant-Appellant, Discount Rock & Sand, Inc. Following the fatal car…
Florida Supreme Court Partially Affirms Lower Court Decision in Insurance Case, Addressing Settlement Question
In a recent case, the Florida Supreme Court issued an opinion in an appeal involving a certified question about whether a personal injury damages award must be reduced by a payment the plaintiff received to settle a bad faith claim against his uninsured motorist insurance carrier. The two laws at…