-
M.D. Fla.·
2022-08-29
The court held that Florida Statute § 768.36 is inapplicable as it conflicts with maritime comparative negligence, and that genuine issues of material fact preclude summary judgment on the negligence claim.
-
M.D. Fla.·
2022-06-09
The court denied plaintiff's motions to exclude expert testimony and for partial summary judgment, finding that issues of fact remained for trial.
-
340 So. 3d 498·
Fla. 4th DCA·
2022-06-08
An award of attorneys' fees as a sanction must be directly related to the specific bad faith conduct and supported by detailed factual findings demonstrating the nexus between the misconduct and the fees incurred. The trial court's award of fees for the entire trial could not be
-
S.D. Fla.·
2022-05-27
Eric Ewing, a disabled veteran injured aboard a Carnival cruise ship when an upper bunk bed fell on his head, was awarded a new trial after a jury had previously returned a verdict in Carnival's favor, because the trial court erred by allowing Carnival to present an unauthenticat
-
S.D. Fla.·
2022-05-26
The court held that a store owner did not owe a duty to warn of an open and obvious condition, but a genuine issue of material fact existed regarding the duty to maintain the premises and causation for the plaintiff's injuries.
-
M.D. Fla.·
2022-05-02
The court held that the United States breached its duty of care to the plaintiff by failing to remedy a dangerous condition (water on the floor due to a misplaced mat and lack of signage) and that this breach legally caused two of the plaintiff's asserted knee injuries.
-
M.D. Fla.·
2022-03-29
The court found that the plaintiff failed to prove her injuries were caused by the motor vehicle accident, as the evidence showed pre-existing degenerative conditions were the primary cause of her ongoing pain.
-
S.D. Fla.·
2022-03-21
The court held that evidence of the plaintiff's alcohol consumption is relevant to comparative negligence and that hearsay statements and prior incidents are admissible, denying both parties' motions in limine.
-
S.D. Fla.·
2022-03-16
The court held that genuine issues of material fact exist regarding whether the alleged dangers were open and obvious and whether the defendant had constructive notice, thus denying summary judgment on the failure to warn claim. Summary judgment was granted on claims of negligent
-
M.D. Fla.·
2022-02-17
The court held that the plaintiffs failed to meet their burden to show an absence of genuine dispute of material fact on several affirmative defenses, and that disputes of material fact precluded summary judgment on others.
-
Fla. 3d DCA·
2022-01-05
A jury's award of past medical damages is against the manifest weight of the evidence when it awards only $9,836.61 despite undisputed evidence of over $48,000 in reasonable medical expenses incurred shortly after the accident, even where conflicting evidence exists regarding cau
-
M.D. Fla.·
2021-12-29
A dispute arose between AECOM and its subcontractor PSI regarding whether PSI's contract incorporated an RFP requirement to perform pilot hole borings at every drilled shaft location for a Tampa expressway construction project. The court determined that PSI's contract incorporate
-
Fla. 5th DCA·
2021-11-11
A cruise ship employee injured while working sued Disney Cruise Line for negligence under the maritime Jones Act and for wrongful failure to reinstate maintenance and cure benefits. The jury awarded over $3 million including punitive damages, but the appellate court struck the pu
-
Fla. 5th DCA·
2021-11-11
Disney appealed a jury verdict awarding a cruise ship crew member (Martins) compensatory damages, future economic damages, and punitive damages for negligence and wrongful failure to reinstate maintenance and cure benefits. The Fifth District affirmed the compensatory damages for
-
330 So. 3d 41·
Fla. 4th DCA·
2021-11-03
Andrea Ehlert sought attorney's fees under Florida's offer of settlement statute after obtaining a judgment exceeding her $100,000 settlement proposal by more than 25%. The trial court denied the motion, finding the proposal ambiguous regarding the scope of claims covered. The ap
-
S.D. Fla.·
2021-10-15
The court held that the defendant was liable for contributory and vicarious copyright infringement and breach of contract, but not for direct infringement or civil conspiracy.
-
Fla. 2d DCA·
2021-09-17
Section 767.04's comparative negligence defense applies to causes of action brought under section 767.01, as established by Kilpatrick v. Sklar, and the trial court erred in precluding the Parsons from presenting this defense. The trial court properly excluded the Parsons' Fabre
-
Fla. 4th DCA·
2021-09-08
A plaintiff-laborer sued a homeowner for injuries sustained when he fell from a ladder after receiving an electrical shock during an unsupervised home renovation project. The jury found both parties negligent and awarded $81,000 for medical bills and $25,000 for pain and sufferin
-
S.D. Fla.·
2021-09-08
A plaintiff seeking indemnification from an insurer after settling with an insured must allocate damages between covered and uncovered claims, and failure to do so entitles the insurer to summary judgment.
-
Fla. 4th DCA·
2021-09-01
The trial court erred in granting summary judgment on the buyer's counterclaims because genuine issues of material fact remained as to whether the prior water intrusion event was a readily observable defect and whether the buyer exercised adequate diligence. For the breach of con
-
326 So. 3d 753·
Fla. 5th DCA·
2021-08-12
Wells Fargo appeals a jury verdict awarding EFT approximately $2 million in compensatory damages and $5 million in punitive damages for negligent misrepresentation regarding the status of a customer's account. The appellate court affirms the compensatory damages but reverses and
-
S.D. Fla.·
2021-08-06
The court denied the defendant's post-trial motion to amend the judgment, finding that the arguments presented were either not proper grounds for reconsideration or were disagreements with the court's factual findings. The court granted in part and denied in part the plaintiff's
-
M.D. Fla.·
2021-06-29
The court held that firefighters' negligence claims against the shipowners and those who negligently started the fire are plausible under general maritime law, and that spouses may recover for loss of consortium.
-
Del. Super. Ct.·
2021-06-21
The court granted in part and denied in part the plaintiff's motions in limine. Specifically, the court excluded expert testimony on causation, allowed cumulative expert testimony with limitations, permitted testimony on the standard of care, deemed one motion moot, and excluded
-
M.D. Fla.·
2021-06-17
The court held that comparative negligence issues preclude summary judgment on liability and affirmative defenses.
-
M.D. Fla.·
2021-05-04
The court held that genuine issues of material fact exist regarding whether Wal-Mart negligently maintained its premises and failed to warn of a dangerous condition, precluding summary judgment.
-
M.D. Fla.·
2021-04-30
The court held that the marina owner was entitled to summary judgment on its breach of contract claim because the defendant materially breached the agreement by failing to pay for damages caused by an oil spill, and the defendant's affirmative defenses did not raise genuine issue
-
323 So. 3d 783·
Fla. 1st DCA·
2021-04-30
The appellate court affirmed a jury's verdict in a car accident case, holding that the Stricklands' arguments regarding summary judgment and insufficient evidence were either moot or waived. The court found that issues decided by a jury at trial render prior summary judgment ruli
-
S.D. Fla.·
2021-04-30
The court held that evidence of prior incidents is admissible only if substantially similar, plaintiff's testimony about doctors' statements is admissible to show state of mind, and treating physicians can testify as experts if reports are provided. The court also held that evide
-
320 So. 3d 276·
Fla. 3d DCA·
2021-04-28
The trial court's failure to consider the statutory factors in section 768.74(5) when ruling on the motion for remittitur constituted an abuse of discretion requiring remand for a new hearing on that motion. The two-issue rule bars appellate review of Royal Caribbean's challenge
-
Fla. 4th DCA·
2021-04-14
The trial court properly granted a new trial based on its erroneous denial of a peremptory challenge, as it failed to apply the three-step Melbourne test correctly by placing undue weight on the juror's status as a minority and failing to hold appellants to their burden of provin
-
S.D. Fla.·
2021-03-26
A cruise ship passenger sued Carnival Corporation for negligence after suffering a broken kneecap when she fell on a slippery area of the ship's Lido Deck pool area in June 2019. The court found that Carnival was negligent because a dangerous condition existed on the deck (eviden
-
309 So. 3d 707·
Fla. 1st DCA·
2020-12-30
The appellate court addressed whether a golf course was entitled to recover all attorney's fees and costs for defending both a golfer's negligence claim and his wife's loss of consortium claim. The court held that a loss of consortium claim is not automatically "inextricably inte
-
Fla. 1st DCA·
2020-12-16
This case involves an appeal from a judgment concerning a collision between a pedestrian and a van. The appellate court affirmed the trial court's decision, finding that the admission of intoxication evidence was proper and not an abuse of discretion.
-
S.D. Fla.·
2020-12-01
A cruise ship passenger filed a maritime negligence claim after slipping and falling on the pool deck of a Carnival ship, but the court found genuine disputes of material fact precluding summary judgment on whether the defendant knew of the dangerous condition and whether that co
-
M.D. Fla.·
2020-11-13
The court held that a plaintiff seeking summary judgment on affirmative defenses must present more than a mere assertion of no record evidence, and genuine issues of material fact precluded summary judgment on several defenses.
-
S.D. Fla.·
2020-11-04
The court held that affirmative defenses must provide fair notice of the defense and the grounds upon which it rests, and are not subject to the heightened pleading standard of Twombly/Iqbal. Certain defenses were stricken as legally insufficient or irrelevant.
-
M.D. Fla.·
2020-11-02
The court held that while genuine issues of material fact preclude summary judgment on negligence and causation, the plaintiff cannot recover damages for pain, suffering, mental anguish, or inconvenience due to insufficient evidence of permanent injury.
-
Fla. 3d DCA·
2020-10-21
The appellate court affirmed most of a trial court's final judgment but reversed a portion concerning a collateral source set-off. The court found no error in excluding an insurance adjuster's report or denying a request to recall a witness, but remanded for correction of a speci
-
311 So. 3d 253·
Fla. 2d DCA·
2020-10-21
The appellate court reversed a summary judgment in favor of an attorney in a legal malpractice case. The court found that the trial court erred in ruling that the attorney could not have committed malpractice by failing to include a supportive relationship clause in a marital set
-
M.D. Fla.·
2020-09-23
The court held that a genuine issue of material fact exists regarding comparative negligence, precluding summary judgment for the plaintiff.
-
304 So. 3d 379·
Fla. 1st DCA·
2020-09-21
The trial court erred in granting a partial directed verdict on proximate causation because conflicting expert testimony created a genuine factual dispute on whether the defendant's negligence was a legal cause of the plaintiff's injuries. Proximate causation in negligence cases
-
302 So. 3d 966·
Fla. 1st DCA·
2020-08-07
The appellate court affirmed the trial court's judgments in a bad faith insurance action and a legal malpractice action. The appellant, a retired surgeon, sued his insurer (FPIC) for bad faith and his attorneys (Foley Defendants) for malpractice after a patient's death led to a l
-
Fla. 1st DCA·
2020-08-07
This case involves consolidated appeals by a retired plastic surgeon, Dr. Samiian, against his professional liability insurer (FPIC) for bad faith and against his attorneys (Foley Defendants) for legal malpractice. Dr. Samiian alleged that FPIC acted in bad faith by not investiga
-
Fla. 1st DCA·
2020-08-07
This case involves consolidated appeals by a retired plastic surgeon, Dr. Samiian, against his insurer (FPIC) for bad faith and against his attorneys (Johnson and Foley & Lardner) for legal malpractice. Dr. Samiian alleged that FPIC acted in bad faith by not investigating sooner
-
314 So. 3d 584·
Fla. 3d DCA·
2020-08-05
A plaintiff seeking punitive damages in an Engle progeny tobacco case must present evidence not only that the defendant engaged in intentional misconduct or gross negligence, but also that such misconduct was related to the plaintiff's product liability claims and was a substanti
-
301 So. 3d 259·
Fla. 4th DCA·
2020-07-08
A trial court does not abuse its discretion in excluding a treating healthcare provider's new diagnosis disclosed on the eve of trial when the diagnosis contradicts the provider's prior deposition testimony and violates the parties' pretrial stipulation regarding the substance of
-
Fla. 2d DCA·
2020-07-08
The appellate court reversed a summary judgment for the defendant condominium association in a premises liability case. The court found that genuine issues of material fact existed regarding whether the association acted reasonably in maintaining its elevator, which malfunctioned
-
Del. Super. Ct.·
2020-07-06
The court denied the defendant's motion for a new trial, finding that the jury verdict was not contrary to the jury instructions and not against the great weight of the evidence. The court emphasized that a high bar exists for granting a new trial and that the jury's findings wer
-
298 So. 3d 630·
Fla. 4th DCA·
2020-05-06
Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Liggett Group LLC appeal a judgment in favor of the Estate of Grace Santoro in an Engle progeny wrongful death suit. The central disputes concern whether the decedent qualified as a member of the Engle class and whether t