Personal Injury

Pensacola Court Considers Proposed Evidence in Florida Semi-Truck Accident Case

Published on: July 23, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Bryan v. Whitfield, a Florida man apparently suffered a traumatic brain injury in a car accident that occurred on Interstate 10 in Santa Rosa County. More than two years after the collision occurred, the man filed a personal injury lawsuit against a tractor-trailer driver and his employer in the Northern District of Florida. According to the injured man’s complaint, the semi-truck driver committed negligence when he struck another car from behind and caused the multi-vehicle crash in which the man was hurt.

Following the collision, the company that owned the big rig admitted the driver committed negligence. The company also stated it was liable for the driver’s negligent acts under the doctrine of respondeat superior. This legal doctrine states an employer may be held responsible for the negligent acts of a worker when the acts are performed within the course of the worker’s employment. In addition, the company admitted the plaintiff suffered permanent harm in the collision. As a result, the only issue at trial was the injured man’s past and future non-economic damages.

Summary Judgment Upheld in South Florida Premises Liability Case

Published on: July 16, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In an unpublished opinion, the 11^th Circuit Court of Appeals affirmed an order granting summary judgment to a department store in a premises liability case. According to his complaint, a man supposedly injured his right eye when he walked into a clothing rack that was protruding into an aisle at a South Florida department store in late 2011. The man apparently struck the rack with enough force to fall backwards and hit his head. After his fall, store workers reportedly escorted the man to a customer service area, where a guest incident form was completed. In addition, one of the employees took photos of the clothing rack at issue.

After seeking medical treatment, the man filed a negligence action against the department store in a Florida state court. The case was then removed to federal court based on diversity of citizenship. In his complaint, the man accused the department store of breaching its duty of reasonable care by failing to warn him of the hazard created by the placement of the clothing rack. The man also asserted that the store knew or should have known about the dangerous condition prior to his accident. The man asked the court to award him damages for his resulting vision loss, light sensitivity, headaches, and seizures.

Appeals Court Holds Apportionment Must be Based on Reliable Methods in Florida Workers’ Compensation Case

Published on: July 9, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Giaimo v. Florida Autosport, Inc., an automobile mechanic was apparently injured when he was struck from behind while test driving a customer’s vehicle in Florida. Due to the man’s resulting neck and back harm, the worker underwent surgery that was performed by an authorized neurosurgeon. Prior to his workplace accident, however, the man was deemed to be eight percent permanently impaired due to a prior car accident in which he also hurt his neck and back.

At a workers’ compensation benefits hearing, both the mechanic and his employer agreed that he was permanently and totally disabled. Despite this, the man’s employer argued that the man’s benefits should be apportioned because the workplace accident aggravated the mechanic’s preexisting injuries. During the hearing, the man’s surgeon, an authorized pain manager, and one of the worker’s initial treating surgeons offered medical testimony.

Southern District of Florida Finds Man Committed Negligent Entrustment n Personal Watercraft Accident Case

Published on: July 2, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Gozleveli v. Kohnke, a Florida couple bought two jet skis in 2012. Following the couple’s purchase, their 26-year-old son allowed a male friend and a 42-year-old woman with no personal watercraft experience to operate one of the jet skis. The couple’s son apparently informed the friend that the woman did not have permission to operate the machine. In addition, the son provided his friend with a tutorial regarding how to operate the jet skis. Although the woman was in the vicinity at the time of the tutorial, it was unclear whether she was paying attention.

Next, the couple’s son boarded one jet ski and his friend boarded the other with the woman riding as a passenger. The two men operated the personal watercrafts using the Intracoastal Waterway in Fort Lauderdale, Florida until they reached the Atlantic Ocean. After about three hours, the men began returning to the couple’s home. Near the entrance to the Intracoastal Waterway, the son’s friend allowed the woman to operate one of the personal watercrafts. Although the son was initially unaware his friend permitted the woman to operate the jet ski, he did not demand that the friend resume control once this was discovered. Eventually, the son told the woman to follow him home via the waterway.

Florida Appeals Court Overturns Discovery Order Due to Constitutional Privacy Concerns

Published on: June 11, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Muller v. Wal-Mart Stores, Inc., a military veteran was apparently injured when he was hit by a truck at a Florida department store distribution center. At the time of the accident, the truck was being driven by a store employee. Following the accident, the man filed a negligence lawsuit against the store and the driver in a Florida court. In his complaint, the man sought damages for his permanent physical harm, suffering and pain, disability, aggravation of a preexisting condition, lost wages, and more.

During discovery, the department store learned that the man was a veteran of the United States Army who was honorably discharged in 1993. In addition, the man admitted that he was injured three times while serving his country. Despite this, the man claimed that he was not seeking compensation for aggravation of his military injuries. After that, the store sought the man’s entire military medical records, personnel file, and other documents.

Florida Court Overturns Judgment in Car Accident Case Due to Doctrine of Collateral Estoppel

Published on: June 4, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Government Employees Insurance Company v. Kisha, a couple purchased a motor vehicle insurance policy that included uninsured motorist coverage (“UIM”). Both members of the couple were named insureds on the automobile policy. After the couple was involved in a traffic wreck, each claimed UIM benefits under the policy. The insurer denied both of their claims due to non-payment of policy premiums. According to the insurance company, the couple’s policy was not in effect when the collision occurred.

Next, the wife filed an action seeking a declaratory judgment in a Florida court. The woman argued the auto insurer waived its right to cancel the couple’s policy and was estopped from denying coverage as a result. Although he offered testimony in his wife’s case, the husband did not join the lawsuit. Following trial, a jury returned a verdict in favor of the wife. The husband then filed his own declaratory judgment action. Additionally, he asked the court to enter a Motion for Entry of Judgment based on the doctrine of collateral estoppel. As a result, the trial court issued a judgment in the man’s favor.

Florida Court of Appeal Orders Juror Interview Following Car Accident Verdict

Published on: May 26, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Barrios v. Locastro, two women were involved in a motor vehicle collision in Florida. As a result, one of the drivers apparently suffered a neck injury. Following two surgeries designed to correct her neck harm, the hurt woman filed a personal injury action against the other driver in a Florida court.

During jury selection, prospective members of the panel were asked to raise their hand if they or any of their close family members was ever a plaintiff in a personal injury lawsuit or settlement. In addition, they were also asked to indicate whether they had ever suffered from certain back injuries or sought disability payments in the past. After the defendant used each of her peremptory juror challenges, two jurors who indicated their family members were previously involved in an auto collision were placed on the jury.

Southern District of Florida Grants Summary Judgment in Lawsuit Based on Cruise Ship Excursion Injury

Published on: May 12, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Wolf v. Celebrity Cruises, Inc., a man apparently suffered an injury while participating in a shore excursion during a cruise to Costa Rica. The man’s wife purchased the cruise ticket from a travel agent before the couple’s departure. Prior to boarding the cruise ship, the man signed a contract acknowledging that any companies offering shore excursions to him while aboard the vessel were independent contractors. The contract also stated the passenger agreed to participate in any on-shore activities at his own risk.

After departing from the cruise terminal, the man purchased a zip-line shore excursion from the Shore Excursion Desk that was located aboard the ship. The ticket stated the excursion would be operated by a third party that was an independent contractor. It also said the owner of the cruise ship would not be held liable for any injuries sustained by a passenger who elected to participate in the activity. In addition, the man signed a waiver that released the cruise company of all liability associated with the shore excursion.

Northern District of Florida Dismisses Defective Design Case Over Lack of Supporting Evidence

Published on: April 29, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Witt v. Howmedicall Osteonics Corp., a woman had a medical device surgically implanted into her knee in 2008. The following year, she had the allegedly defective device removed and underwent total knee replacement surgery. After her second surgical procedure, the woman filed a strict liability and negligence lawsuit against the manufacturer of the medical device in the Northern District of Florida. According to the woman’s complaint, she suffered personal injuries as a result of the medical product’s defective design.

In response to her lawsuit, the medical device manufacturer filed a motion for summary judgment with the court. In general, a motion for summary judgment may be granted when there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. When considering such a motion, a court must view the facts offered in the light that is most favorable to the non-moving party.

Florida’s Second District Overturns Punitive Damages Award Where Evidence Did Not Demonstrate a Reckless Disregard for Human Life

Published on: March 9, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In L.E. Myers Co. v. Young, a business contracted with a Florida utility company to install several new power poles in Manatee County, Florida. As part of the contract, the business was tasked with installing four 85-foot-long concrete poles that weighed about 21,000 pounds each along a Bradenton street in compliance with the utility company’s specifications. In addition, the company was required to provide traffic control while working along the street.

Each pole was installed using a crane that was provided and operated by a third party. While one of the poles was being installed, one of the tractor-trailers used to transport the poles was parked in the emergency lane of the roadway. Although the pole was completely off the street, a truck tire was hanging over the white line that was painted on the road. Because of this, a safety supervisor who was employed by the contractor placed traffic cones and warning signs on the street near the work site.