Car Accident

Court Discusses Permissible Scope of Liability Release Waiver in Recent Florida Car Accident Case

Published on: January 11, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued a written opinion in a Florida car accident case requiring the court to determine if a liability release waiver signed by the plaintiff prevented her from pursuing a case against the defendant. Ultimately, the court concluded that the scope of the release waiver did not include the specific type of claim brought by the plaintiff.

The Facts of the Case

According to the court’s written opinion, the plaintiff was run over by a pick-up truck while she was attending a race at the Daytona International Speedway. Evidently, before the accident, employees of the speedway instructed the tow-truck driver to back the truck up into the area where the plaintiff was standing.

As a condition of allowing the plaintiff into the raceway, the racetrack asked that she sign a release of liability waiver. In essence, that waiver stated that the plaintiff acknowledged that there were dangers associated with standing on or near the raceway and that she agreed not to pursue any claims if she was injured due to “any negligent” actions of the defendant.

Florida Court Explains the Limits on Circumstantial Evidence in Recent Car Accident Lawsuit

Published on: December 27, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In a recent state appellate decision, a Florida court upheld a jury’s verdict in favor of a plaintiff who was seriously injured after being rear-ended by a van while stopped in traffic on the Buckman Bridge. The case required the court to determine whether the plaintiff’s case improperly relied upon the stacking of multiple inferences in light of the fact that the plaintiff’s evidence was circumstantial in nature. Ultimately, the court determined that the plaintiff’s claim was not reliant upon the improper stacking of inferences and affirmed the jury’s verdict in favor of the plaintiff.

Circumstantial Evidence

There are two types of evidence: direct and circumstantial. Direct evidence is evidence that tends to prove a conclusion without the need for any inference. For example, eyewitness testimony that a driver made a lane change without signaling would be considered direct evidence that the driver changed lanes and did not signal.

On the other hand, circumstantial evidence requires at least one inference to be made before reaching a conclusion. Circumstantial evidence is also known as “smoking gun” evidence. For example, if a man is shot and turns around only to see a woman with a smoking gun in her hand, the man’s observations are circumstantial evidence that the woman shot him. It is not direct evidence because he did not see the woman pull the trigger. However, it can be inferred that the fact the gun was smoking means that it was recently fired.

Court Dismisses Appeal Based on Plaintiff’s Failure to Object at Trial, Illustrating Importance of Properly Preserving Issues in Florida Personal Injury Cases

Published on: December 18, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of taking all steps to properly preserve any issues a party believes a judge decided wrongly in a Florida personal injury case. In this case, the court ultimately dismissed the plaintiff’s appeal because she failed to make a timely objection.

The Facts of the Case

According to the court’s opinion, the plaintiff was rear-ended by the defendant and subsequently filed a personal injury lawsuit against the defendant. Before trial, the plaintiff filed several proposed jury instructions, including an instruction on the doctrine of negligence per se. The case proceeded to trial, and before sending the jury back to deliberate, the judge held a charging conference where the judge discussed how he would instruct the jury and hear arguments from counsel about proposed charges.

Evidently, the charging conference was not memorialized. At the conclusion of the conference, the judge determined the instructions would not include the plaintiff’s proposed instruction on negligence per se. The judge asked the parties if they had anything to add, to which the plaintiff’s attorney responded: “I have no issues with the charge, Your Honor.” The jury was instructed accordingly, and then returned a verdict in favor of the defendant.

Court Declines to Impose Duty on Landowner to Trim Trees Near Intersection

Published on: November 29, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In a recent personal injury opinion, a state appellate court rejected a plaintiff’s claim against the defendant landowner that was based on the landowner’s failure to trim trees that the plaintiff claimed blocked the view of oncoming traffic. The case presents an interesting issue for Florida car accident plaintiffs because it illustrates the concept of landowner liability in a Florida personal injury case. Additionally, given the court’s unique concerns that may not apply in Florida, it is possible that the case may have been decided differently by a Florida court.

The Facts of the Case

According to the court’s opinion, the case arose from a fatal accident that occurred at a rural intersection of two gravel roads. There were no road signs at the intersection. The plaintiff approached the intersection at the same time as another motorist, and the two vehicles collided.

Evidently, a post-accident investigation by law enforcement determined that neither of the drivers had applied the brakes or attempted to avoid the collision. Also, one law enforcement officer explained that it would have been impossible for the motorists to see the other approaching because the trees on the southeast corner of the intersection obscured the motorists’ vision.

Court Determines Plaintiff Was Not Responsible for the Destruction of Relevant Evidence

Published on: November 15, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Last month, a state appellate court issued an opinion in a personal injury case rejecting the defendant’s claim that the plaintiff’s case should be dismissed based on the plaintiff’s failure to preserve relevant evidence. The case is important for Florida personal injury plaintiffs because it illustrates both the importance of preserving evidence that is in the plaintiff’s control, as well as taking expedient action to ensure potential defendants also preserve necessary evidence.

The Facts of the Case

The plaintiff’s wife was killed in a car accident. According to the court’s opinion, the plaintiff’s wife was driving on a highway when her car hydroplaned after encountering a puddle of water. Evidently, the storm drain that should have drained the water from the road was clogged with debris. The plaintiff filed a wrongful death lawsuit against the city responsible for maintaining the road.

After the accident, the plaintiff’s car was taken to a scrap yard. The owner of the scrap yard sent a letter to the plaintiff’s mother’s home, demanding payment of a daily storage fee. The plaintiff later retained counsel, who contacted the scrap yard and asked the vehicle be preserved. The plaintiff’s counsel also requested that all future communication be directed to him, rather than to the plaintiff.

Court Holds That Police Department May Be Liable for Officer’s Failure to Use Due Care While Responding to an Emergency

Published on: November 6, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In a recent personal injury case, a state appellate court issued a written opinion discussing whether a police department could be held liable under the state’s tort claims act for injuries caused while the officer was responding to an emergency call. The case presents an important issue for Florida car accident victims who have been injured due to the negligence of a police officer or other government employee.

The Facts of the Case

According to the court’s opinion, the plaintiff was injured in a car accident when a police officer made a left-hand turn against a red light while responding to an emergency call. There was some evidence suggesting that the police car’s emergency lights were activated at the time the vehicle entered the intersection but that siren was not engaged. A subsequent investigation revealed that the plaintiff was not speeding at the time of the accident, and given the nature of the intersection the plaintiff would not have been able to see the officer’s vehicle approaching.

The plaintiff filed a personal injury lawsuit against the city that employed the officer, claiming that the officer was negligent and that the city was vicariously responsible for the officer’s negligent actions. The city responded that the officer was exercising discretion in responding to the emergency call, and that the discretionary acts of a government employee are entitled to immunity.

Court Permits Car Accident Plaintiff to Proceed with Both Respondeat Superior and Negligent Entrustment Theory

Published on: October 25, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a plaintiff could pursue a respondeat superior claim as well as a negligent entrustment claim against an employer based on an employee’s negligent conduct. The case is important to Florida car accident victims because it elucidates the differences between two common claims that are often believed to be identical but are, in fact, different.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff was riding a motorcycle when he was struck by a truck that made an improper left turn in front of the plaintiff. The plaintiff died as a result of the collision. The truck driver was later found to have been under the influence of a prescription narcotic that was banned by the Federal Motor Carrier Safety Regulations.

The plaintiff filed a multi-claim wrongful death case against the truck driver’s employer. The plaintiff claimed that the employer was liable for the truck driver’s negligence under the theory of vicarious liability. In addition, the plaintiff contended that the employer was liable under the doctrine of negligent entrustment.

Court Discusses Personal Injury Plaintiff’s Evidentiary Burden at the Summary Judgement Stage

Published on: October 18, 2018 | by Friedman Rodman Frank & Estrada, P.A.

When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in the case and that when the court applies the law, the defendant is entitled to judgment as a matter of law.

Thus, to survive a defense motion for summary judgment, a Florida personal injury plaintiff must be able to establish a disputed issue of fact. In a recent personal injury case, the court discussed the plaintiff’s burden to present evidence creating an issue of fact, as opposed to merely calling into question the credibility of a witness’ testimony.

The Facts of the Case

According to the court’s opinion, the plaintiff was injured in a car accident. The motorist who struck the plaintiff’s car (“the supervisor”) was on the phone at the time of the accident, speaking to a woman whom she supervises at work (“the employee”). The plaintiff filed a personal injury lawsuit against the supervisor’s employer, arguing that the employer was vicariously liable for the negligent acts of the supervisor.

Court Rejects Wrongful Death Claim Against Concert Planners in Recent Drunk-Driving Case

Published on: October 11, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a federal appellate court issued a written opinion in a personal injury case involving a fatal drunk driving accident that occurred during the South-By-Southwest Music Festival (SXSW). The case required the court to determine if the plaintiff’s lawsuit against the event planners should proceed toward trial. Ultimately, the court concluded that the plaintiff’s case against the event planners should be dismissed because the defendants did not control the area where the accident occurred.

The Facts of the Case

According to the court’s opinion, the SXSW festival is a city-wide event with various venues across the city participating in festival activities. Thus, the event planners routinely applied for special use permits from the city to close certain city blocks. Specifically, the use permit that was obtained by the event planners stated that all “traffic controls must be provided in accordance with the approved traffic control plan.

One early morning during the festival, police attempted to pull over a motorist for a minor traffic infraction. However, the driver fled police and drove through a series of barriers and directly into a crowd of people. The plaintiffs were the surviving loved ones of a man who was killed by the drunk driver.

Florida Personal Injury Victims and the Importance of Being Careful When Settling a Case

Published on: October 4, 2018 | by Friedman Rodman Frank & Estrada, P.A.

The recovery period following a serious Florida car accident is different for everyone, but it is not an easy time for anyone. Aside from the physical trauma and emotional disturbance caused by the accident, there are the mounting medical bills, the time away from work, and the headache of dealing with insurance companies. Given these issues, it is understandable and expected that most victims of a Florida car accident are quite vulnerable for some time after the accident.

Sadly, insurance companies and savvy defense attorneys often use this time of vulnerability to approach and pressure accident victims into discussing – and potentially settling – their case. It is common to see Florida accident victims sign away the rights to pursue their case for just pennies on the dollar.

Even when the settlement agreement is a fair one, Florida car accident victims should consult with a knowledgeable attorney about the agreement’s fine print. Some settlement agreements contain unexpected language or are phrased in very broad terms that could cause problems for the accident victim if they choose to pursue a claim against other parties. A case that arose recently serves as a warning and excellent example of why it is essential to carefully read and negotiate the terms of a settlement agreement.