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Fla. 2d DCA·
2020-04-01
The appellate court reversed a judgment against Debbie Lambert, finding she could not be held vicariously liable under Florida's dangerous instrumentality doctrine as a bailee. The court clarified that while a bailee can be held liable, it is generally not in addition to the titl
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Fla. 2d DCA·
2020-04-01
The appellate court reversed a judgment against Debbie Lambert, finding she could not be held vicariously liable under the dangerous instrumentality doctrine as a bailee. While she was found to be a bailee who consented to her son's use of the car, the court determined that the d
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Fla.·
2020-02-27
The Court authorized amended standard jury instructions that clarify design defect standards by making the consumer expectations and risk/benefit tests alternative rather than conjunctive bases for liability, consistent with Aubin. The Court revised comparative fault apportionmen
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290 So. 3d 1031·
Fla. 5th DCA·
2020-01-31
A trial court errs in granting a directed verdict when the jury could properly conclude that negligence was not a legal cause of the plaintiff's damages, and errs in granting a new trial based on unpreserved attorney misconduct without first applying the Murphy fundamental error
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Fla.·
2020-01-23
The Florida Supreme Court authorized amendments to standard jury instructions in civil cases, including clarifications that jurors must determine facts and apply the law rather than decide what the law should be, modifications to comparative negligence instructions, updates to cl
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S.D. Fla.·
2019-12-12
The court denied the plaintiff's motion for summary judgment on liability because evidence created a genuine issue of material fact regarding apportionment of fault. The motion in limine was also denied without prejudice.
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S.D. Fla.·
2019-11-22
The court held that the plaintiff's requests for admission improperly sought admissions to pure conclusions of law, not facts or the application of law to fact.
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M.D. Fla.·
2019-10-30
The court held that the DCF records were sufficiently necessary for the defendants' defenses to warrant release under the stringent "necessity" standard of Fla. Stat. § 39.202(2)(f).
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Fla. 3d DCA·
2019-10-16
The appellate court affirmed a trial court's judgment in favor of the plaintiff in a slip-and-fall case, as well as the denial of the plaintiff's motion for attorney's fees. The court found no legal merit in the plaintiff's claims of improper comments, evidentiary errors, or spol
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Fla. 3d DCA·
2019-10-16
The appellate court affirmed a trial court's judgment in favor of the plaintiff in a slip-and-fall case, as well as the denial of the plaintiff's motion for attorney's fees. The plaintiff appealed, arguing various errors during the trial, including improper comments by opposing c
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288 So. 3d 685·
Fla. 4th DCA·
2019-10-02
A bicyclist with a blood alcohol concentration of .23 was struck by a van driven by the defendant's employee. The trial court directed a verdict in favor of the plaintiff on the defendant's statutory affirmative defense based on the plaintiff's alcohol impairment and instructed t
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S.D. Fla.·
2019-10-01
Passenger Richard Puchalski died aboard a Royal Caribbean cruise ship after a ship's physician, Dr. Saunders, evaluated him for shortness of breath, prescribed medications, and released him without further testing or hospitalization; his daughter, as estate representative, sued f
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M.D. Fla.·
2019-09-24
The court held that a plaintiff's misuse of a product does not bar strict liability claims if the product was used for its intended purpose, but it can be considered under comparative negligence for negligence claims. The court also found that failure-to-warn claims fail if the p
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276 So. 3d 49·
Fla. 2d DCA·
2019-05-29
A zero verdict for past noneconomic damages is inadequate as a matter of law when a jury finds a permanent injury and awards past medical expenses, particularly where evidence of at least some past pain and suffering is substantially undisputed. A zero verdict for future nonecono
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274 So. 3d 433·
Fla. 3d DCA·
2019-04-24
# Legal Brief: CEC Entertainment v. Zaldivar
CEC Entertainment appeals a trial court order granting a new trial in a negligence case arising from a booth tipping incident at a Chuck E. Cheese's restaurant, with the appellate court reversing the order and remanding to reinstate t
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Fla. 5th DCA·
2019-03-08
The appellate court affirmed partial summary judgment on the appellant's negligence in a rear-end collision but reversed the finding that the appellant was solely at fault. The court found that issues of material fact existed regarding the appellee's comparative negligence, neces
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Fla. 5th DCA·
2019-03-08
This case involves a rear-end collision where the appellate court partially affirmed a lower court's summary judgment on liability but reversed the finding that the appellant was solely at fault. The court found that issues of comparative negligence should have been decided by a
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263 So. 3d 263·
Fla. 5th DCA·
2019-02-01
When both neighboring landowners have made improvements to their property affecting surface water flow, the trial court must apply the reasonable use rule by comparing the reasonableness of conduct of both parties, and summary judgment is improper when affirmative defenses of com
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263 So. 3d 239·
Fla. 3d DCA·
2019-01-23
The trial court did not abuse its discretion in reopening the case after all parties rested to permit the plaintiff to subpoena and present two witnesses to establish that the defendant placed the barricade that caused the accident.
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Fla. 5th DCA·
2018-08-27
A palm tree planter square is not a dangerous condition as a matter of law, and a property owner owes no duty to maintain such landscaped areas in a safe condition for pedestrian use or to warn of hazards when the area is not designed for walking and safer alternatives exist.
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Fla. 4th DCA·
2018-07-25
A trial court errs by precluding a physician from testifying that he was absent during a patient's admission and unaware of the patient's existence when such testimony is relevant to whether the physician negligently supervised an ARNP. A trial court errs by instructing a jury th
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245 So. 3d 704·
Fla. 2d DCA·
2018-05-17
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Del. Super. Ct.·
2018-05-08
The court denied plaintiffs' motion for summary judgment on comparative negligence and mitigation of damages, finding genuine issues of material fact. The court granted in part and denied in part various motions in limine, ruling on the admissibility of subsequent remedial measur
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Del.·
2018-03-23
The Delaware Supreme Court reversed the Superior Court's grant of summary judgment, holding that genuine issues of material fact remained regarding whether the contractor, George & Lynch, breached its duty of care to the traveling public. The Court found that the contractor's dut
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236 So. 3d 919·
Fla.·
2018-02-01
This per curiam opinion authorizes proposed amendments to Florida's standard jury instructions in civil cases, modifying language regarding burden of proof, comparative negligence, and apportionment of liability to ensure consistency with legal causation principles and comparativ
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Del. Super. Ct.·
2017-11-29
The Court held that while a waiver of liability can bar claims for negligence, it does not extend to claims of recklessness. Furthermore, the doctrine of implied primary assumption of risk, which applies to certain sports, also does not insulate a tortfeasor from liability for in
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230 So. 3d 815·
Fla.·
2017-11-22
The Florida Supreme Court authorized proposed amendments to standard jury instructions in civil cases, including instructions on burden of proof, retaliation claims, protected activity, and a model verdict form for medical negligence cases. The Court found the Committee's technic
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231 So. 3d 559·
Fla. 3d DCA·
2017-08-30
A medical malpractice case where a radiologist failed to communicate a suspected breast cancer diagnosis in 2008, resulting in delayed discovery of metastatic cancer in the patient's bones in 2010. The appellate court reversed the jury verdict, holding that the trial court erred
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199 So. 3d 516·
Fla. 4th DCA·
2016-09-07
The court held that a rear driver's testimony that the front driver suddenly appeared in his lane is sufficient to rebut the presumption of negligence, raising a genuine issue of material fact for the jury.
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191 So. 3d 380·
Fla.·
2016-04-21
The Florida Supreme Court approved amendments to standard jury instruction 402.16 concerning emergency medical treatment claims under Florida Statute 768.13(2)(b). The Court declined to adopt a placeholder instruction and instead authorized relocation of the instruction to a newl
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173 So. 3d 1074·
Fla. 5th DCA·
2015-08-07
In a rear-end collision case, the Florida Fifth District Court of Appeal affirmed the jury's verdict awarding over one million dollars in damages to the rear-ended driver Rollins against Bodiford, but reversed and remanded to eliminate the jury's finding that Rollins was 30% comp
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Del. Super. Ct.·
2014-07-15
The court denied the homeowners' motion for summary judgment and motion to strike, and denied the general contractor's motion for summary judgment. Material issues of fact exist regarding whether the homeowners and general contractor owed a duty of care to the injured subcontract
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135 So. 3d 1152·
Fla. 5th DCA·
2014-04-17
Marie Minor sued her aunt, Stevelyn Young, for negligence after falling through an unfinished attic floor while retrieving an item at Young's request. The Fifth District Court of Appeal reversed summary judgment in Young's favor, holding that material factual disputes remained re
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132 So. 3d 259·
Fla. 4th DCA·
2013-11-27
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Del.·
2013-10-31
The trial court erred in denying the plaintiff access to the defendant's medical records and in admitting certain hearsay testimony, and in allowing evidence of the plaintiff's failure to wear a helmet. These evidentiary errors deprived the plaintiff of a fair trial, requiring re
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850 F. Supp. 2d 663·
S.D. Fla.·
2013-10-16
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Del. Super. Ct.·
2013-07-29
The court granted summary judgment in part and denied it in part. The court held that the law of the case doctrine barred relitigation of issues previously decided, including those related to the Major Component Protection Plan, comparative negligence, and whether the LoadAll was
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109 So. 3d 1196·
Fla. 3d DCA·
2013-03-27
A condominium resident sued the King Cole Condominium Association for negligence after tripping on buckled hallway carpet that had been complained about by multiple residents. The trial court granted summary judgment based on the open and obvious nature of the hazard, but the app
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109 So. 3d 1185·
Fla. 2d DCA·
2013-03-27
Smith appeals the trial court's order granting a new trial in an automobile accident case where a jury found her solely liable for Llamas's injuries but awarded zero damages for future medical expenses and pain/suffering. The appellate court reversed, holding that because conflic
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248 F.R.D. 389·
S.D. Fla.·
2013-03-26
Class certification is appropriate because the plaintiff has standing and the proposed classes meet the requirements of Federal Rule of Civil Procedure 23.
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125 So. 3d 231·
Fla. 4th DCA·
2013-02-20
The court held that disputed issues of material fact exist regarding whether the appellee agreed to assist the appellant and, if so, whether the appellee negligently failed to do so, precluding summary judgment.
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499 F. Supp. 2d 437·
S.D. Fla.·
2013-01-07
The court held that the plaintiffs failed to present substantial evidence of Toyota's actual knowledge of a roof defect, thus their claims were barred by the statute of repose.
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92 So. 3d 306·
Fla. 4th DCA·
2012-07-18
Affirmed trial court's denial of offset of jury verdicts against settlement proceeds where settlement included release of claims against non-tortfeasor (mother's insurer) and was not apportioned.
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Del. Super. Ct.·
2012-07-13
The Court held that the defendant's motion for partial summary judgment on the issue of comparative negligence should be granted. The patient's long-standing heavy smoking, contrary to repeated medical advice, and her continued smoking during the period of alleged medical neglige
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Del. Super. Ct.·
2012-04-20
The court held that Oekos Kirkwood, LLC's motion for summary judgment was denied because a genuine issue of material fact existed regarding whether the lack of a crosswalk constituted a dangerous condition and whether Plaintiff's comparative negligence barred recovery. The court
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Del. C.P.·
2012-04-02
The appellate court affirmed the trial court's judgment for the plaintiffs, finding that Roman Oil Company's negligence was the primary cause of the oil spill and that the plaintiffs' contributory negligence did not bar recovery under Delaware's comparative negligence statute. Th
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Del. C.P.·
2011-08-22
The Court entered judgment in favor of the defendants, finding that the plaintiffs failed to prove by a preponderance of the evidence that the defendant driver's negligence proximately caused the collision. The court found that the plaintiff driver committed several violations of
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82 So. 3d 996·
Fla. 1st DCA·
2011-08-15
The Russells appealed a trial court's denial of their motion for directed verdict on the seatbelt defense in a personal injury case arising from a rear-end collision. The court reversed, holding that the defendant failed to present competent evidence meeting the legal standard re
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Del. Super. Ct.·
2011-05-11
The Delaware Superior Court held that the defendant insurer's actions in recovering the plaintiff's deductible only after the class action was filed and then transmitting the payment directly to the plaintiff without full disclosure constituted an improper "pick off" attempt. The
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61 So. 3d 1173·
Fla. 3d DCA·
2011-04-20
Ana Aguilera, a nurse's aide injured in a fall on defendant's premises, and her husband appealed from a judgment in their favor that found them 90% comparatively negligent and awarded zero damages for future earnings and loss of consortium. The court reversed the zero verdicts on