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34 So. 3d 61·
Fla. 3d DCA·
2010-03-24
KT Holdings and KT Trading appealed a summary judgment dismissing their legal malpractice claim against their former law firm Akerman, Senterfitt & Eidson. The plaintiffs alleged the firm negligently failed to prevent a $4.8 million corporate jet purchased by the companies from b
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700 F. Supp. 2d 1280·
M.D. Fla.·
2010-03-23
The court held that the United States, as owner of the vessel, was not liable for the plaintiff's injuries because the evidence did not establish that the government or its agent had actual or constructive notice of the alleged ventilation inadequacies or the defective torch.
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16 So. 3d 868·
Fla. 3d DCA·
2009-06-17
In this wrongful death case, the Florida Third District Court of Appeal reversed a jury verdict and remanded for a new trial because the trial court erred in submitting a joint enterprise defense to the jury. The court held that the evidence did not establish the required element
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993 So. 2d 557·
Fla. 4th DCA·
2008-10-15
Parents of a two-year-old child killed in a backing automobile accident appeal a jury verdict finding the driver not negligent. The trial court erroneously instructed the jury on a pedestrian statute that cannot legally apply to a child under six, but the error was harmless becau
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974 So. 2d 573·
Fla. 1st DCA·
2008-02-19
Jones appeals a trial court's order granting a new trial in a personal injury case arising from a motor vehicle accident. The appellate court reversed, finding the trial judge's reasoning for ordering a new trial based on an alleged compromise verdict was legally unsustainable an
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973 So. 2d 1188·
Fla. 2d DCA·
2008-01-11
Defendants appealed a $290,000 judgment for Mrs. Bland's injuries sustained as a passenger in a car driven by her husband, arguing the judgment should be reduced because Mrs. Bland, as the vehicle owner, was vicariously liable for her husband's comparative negligence. The court a
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195 F. Supp. 542·
S.D. Fla.·
2007-11-29
The court held that the plaintiff met the requirements for class certification under Federal Rule of Civil Procedure 23(b)(3) for breach of contract and Florida Minimum Wage Act claims.
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965 So. 2d 240·
Fla. 3d DCA·
2007-09-12
West Boca Medical Center appeals a jury verdict awarding damages to a labor and delivery nurse who slipped and fell on a wet floor marked as ready for patient use. The court affirms the verdict in all respects, rejecting the hospital's arguments regarding alleged inconsistencies
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188 F. Supp. 23·
M.D. Fla.·
2007-08-21
The court held that while some discovery failures were excusable neglect, the defendant's failure to cooperate in database production and systematically produce electronic discovery from custodians in a manageable, searchable form constitutes sanctionable conduct.
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2006 WL 1214980·
Del. Super. Ct.·
2007-05-31
The court granted summary judgment for the defendants, holding that the plaintiffs failed to present sufficient evidence to establish a claim under the safe workplace doctrine (Section 343 of the Restatement (Second) of Torts). Specifically, the plaintiffs did not demonstrate tha
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953 So. 2d 582·
Fla. 4th DCA·
2007-02-28
Lawrence Maestri and his companies appealed a judgment in favor of landlord Florida Sunrise in a multi-party dispute involving lease space disputes and business operations. The court affirmed liability findings but reversed and remanded the damages award to recalculate remittitur
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Del.·
2006-12-04
The appellate court affirmed in part, vacated in part, and remanded in part. It affirmed the trial court's evidentiary rulings regarding expert testimony, settlement references, photograph exclusion, impeachment attempts, witness unavailability, juror selection, curative instruct
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929 So. 2d 1114·
Fla. 2d DCA·
2006-05-19
The concurring opinion agrees with the majority's analysis but disagrees with the conclusion that the improper closing arguments were not harmful, citing the size of the verdict as evidence of harmfulness.
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935 So. 2d 21·
Fla. 4th DCA·
2006-05-10
Michael Greene, an attorney, appealed a legal malpractice judgment in favor of his former client, Leasing Associates, Inc. The court reversed, holding that the settlement agreement under which Leasing Associates agreed to pursue the malpractice claim against Greene constituted an
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929 So. 2d 37·
Fla. 5th DCA·
2006-04-13
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Del. Super. Ct.·
2005-08-11
The court held that primary assumption of the risk is not a viable affirmative defense for healthcare providers in Delaware when facing claims of substandard care. Such a defense is incompatible with the state's statutory and regulatory framework designed to hold healthcare facil
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908 So. 2d 483·
Fla. 4th DCA·
2005-05-18
In this settlement proposal case, the Fourth District affirmed the trial court's denial of Frost's motion to tax costs and fees, holding that Boss's pre-proposal costs should not be apportioned between multiple defendants when determining whether a settlement offer was 25% greate
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902 So. 2d 217·
Fla. 3d DCA·
2005-05-11
The court held that a city cannot claim sovereign immunity for injuries caused by a dangerous condition in a public walkway, even if it was part of the original design, if the condition resulted from operational negligence.
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895 So. 2d 530·
Fla. 4th DCA·
2005-03-09
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889 So. 2d 162·
Fla. 4th DCA·
2004-12-08
A fourteen-year-old plaintiff was struck by a car while crossing a six-lane street after being waved across by stopped traffic. The trial court granted the defendant's summary judgment motion based on child-darting doctrine, but the appellate court reversed, finding that conflict
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876 So. 2d 1217·
Fla. 4th DCA·
2004-06-09
The trial court erred by refusing to allow the defendant to amend discovery responses filed in error and by directing a verdict on causation when conflicting evidence existed.
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880 So. 2d 760·
Fla. 5th DCA·
2004-06-04
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Del. Super. Ct.·
2004-05-26
The court denied all of Defendant Sears' post-trial motions, including motions for remittitur, new trial, and judgment as a matter of law. The court found that the jury's verdicts and damage awards were supported by the evidence and not against the great weight of the evidence, n
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Del. Super. Ct.·
2003-09-29
The Superior Court granted in part and denied in part PNC Bank's motion for summary judgment. The court held that Mahaffy's claims for forged checks paid before June 2000 were barred by the one-year preclusion rule under UCC § 4-406(f). However, the court denied summary judgment
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840 So. 2d 1126·
Fla. 3d DCA·
2003-03-26
Jan Khan, an electrician working on a construction site, tripped over metal studs placed by Executive Drywall just inside a temporary door entrance and sued for negligence. The trial court granted summary judgment for Executive Drywall, but the appellate court reversed, finding d
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834 So. 2d 939·
Fla. 2d DCA·
2003-01-22
Tran appealed a trial court's order denying his motion for equitable distribution of medical expenses paid by the county after his injury. The court held that while it lacked jurisdiction over the non-party county, it improperly ruled on the merits of Tran's contractual obligatio
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807 So. 2d 159·
Fla. 3d DCA·
2002-02-13
The trial court did not abuse its discretion in granting a new trial on damages because the jury's zero award for future non-economic damages was against the manifest weight of the evidence.
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795 So. 2d 126·
Fla. 4th DCA·
2001-08-15
Hyundai appeals a $3 million wrongful death verdict in a case where a 17-year-old died from improper seatbelt use in a 1990 Hyundai Excel. The court reverses and remands for a new trial, finding three reversible errors: (1) allowing expert testimony implying design defects despit
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146 F. Supp. 2d 1255·
M.D. Fla.·
2001-05-25
The court held that the plaintiff's sex discrimination claims were frivolous, unreasonable, and without foundation, entitling the defendants to attorneys' fees and costs.
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785 So. 2d 683·
Fla. 3d DCA·
2001-05-16
In this personal injury case arising from a car accident, Gainza appeals the denial of his motion for a new trial after a jury verdict awarding zero damages despite finding him 60% at fault and the defendant 40% at fault. The court reverses and remands for a new trial on damages
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826 So. 2d 1017·
Fla. 3d DCA·
2001-03-14
Allstate Insurance appeals from a judgment requiring it to pay underinsured/uninsured motorist (UM) benefits to an injured passenger. The court reverses, holding that UM coverage is not triggered when the tortfeasor's liability settlement exceeds the jury's damage award, meaning
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773 So. 2d 1290·
Fla. 5th DCA·
2001-01-05
The court held that the directed verdict on comparative negligence was proper, but the denial of a setoff for PIP benefits was reversible error.
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771 So. 2d 607·
Fla. 3d DCA·
2000-11-22
Homeowners Kris and Babette Miles sued their insurance agency AAA for negligence in failing to procure adequate homeowners coverage after Hurricane Andrew destroyed their home. The court reversed summary judgment for AAA, holding that the Miles' failure to read their policy prese
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769 So. 2d 1146·
Fla. 5th DCA·
2000-11-03
Acceleration National Insurance Company appealed the trial court's denial of its motion to set aside a default judgment entered against it after it was joined as a defendant in a negligence action following a rear-end collision. The court reversed, holding that Acceleration was e
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768 So. 2d 1129·
Fla. 3d DCA·
2000-08-23
A Florida appellate court reversed a $4.01 million wrongful death judgment against ferry operators, finding that the trial court erred in excluding critical evidence of a prior inconsistent statement by a key witness and that the damages award was excessive and driven by passion
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762 So. 2d 1048·
Fla. 5th DCA·
2000-07-28
In this negligence case arising from a bicycle-vehicle collision, the trial court granted partial summary judgment finding Marinaro negligent based on the bicyclist's alleged right-of-way on a bike path. The appellate court reversed, holding that genuine issues of material fact e
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768 So. 2d 1107·
Fla. 3d DCA·
2000-06-28
Arena Parking sued an insurance agency and its representative for failing to add it and the Florida East Coast Railroad as additional insureds on a liability policy, resulting in lack of coverage when a professional golfer was injured on Arena Parking's premises. The appellate co
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729 So. 2d 543·
Fla. 1st DCA·
1999-04-20
Spring Valley appeals the trial court's denial of its motion to set aside an interlocutory default. The court reversed, holding that the appellant's allegation of affirmative defenses of comparative negligence in its motion and supporting affidavit was sufficient to establish a m
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730 So. 2d 818·
Fla. 5th DCA·
1999-04-09
The Florida Fifth District Court of Appeal reversed a wrongful death verdict against a taxi cab company, holding that a cab driver owes no duty to an intoxicated passenger beyond safely transporting them to a drop-off point, even if the passenger is left in an unfamiliar area. Th
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725 So. 2d 462·
Fla. 5th DCA·
1999-02-12
Webster appeals summary judgments against him in a lawsuit arising from a collision between his vehicle and a train at a railroad crossing. The court reverses the judgment against FPC, finding the trial court improperly applied the outdated 'standing train doctrine,' but affirms
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721 So. 2d 832·
Fla. 3d DCA·
1998-12-17
The court held that the defendant waived objection to verdict inconsistency by failing to raise it before jury discharge, and the trial court properly denied a new trial on liability.
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721 So. 2d 772·
Fla. 5th DCA·
1998-11-20
Thomas Russo, an amputee, rented an electric scooter at Walt Disney World but developed a blister and swelling that prevented him from safely reattaching his prosthesis. When Disney employees refused to allow him to take the scooter outside the theme park to reach his car, Russo
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723 So. 2d 174·
Fla.·
1998-10-08
The Florida Supreme Court approves revisions and additions to Standard Jury Instructions in Civil Cases, specifically updating instructions on Defense Issues (3.8) and Personal Injury and Property Damages (6.1) to reflect current law on comparative negligence, assumption of risk,
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719 So. 2d 930·
Fla. 3d DCA·
1998-09-09
In this wrongful death medical malpractice case, the appellate court reversed a jury verdict in favor of the defendants because the trial court erred in denying the plaintiff's peremptory challenges of three Hispanic jurors. The court found that the plaintiff's race and ethnicity
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25 F. Supp. 2d 1364·
S.D. Fla.·
1998-08-27
The court held that it lacked subject matter jurisdiction because the claims did not present a federal question on their face and federal law did not completely preempt the state-law claims, nor did supplemental jurisdiction allow for removal.
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711 So. 2d 583·
Fla. 4th DCA·
1998-04-08
Carol Markell was injured when she tripped on defectively installed weather stripping on her apartment door. The trial court granted summary judgment to the landlord and management defendants on the ground that the condition was 'open and obvious,' but the appellate court reverse
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709 So. 2d 593·
Fla. 5th DCA·
1998-04-03
The trial court erred in dismissing the fraud and negligent misrepresentation claims based on the doctrine of caveat emptor.
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700 So. 2d 379·
Fla.·
1997-10-16
The Florida Supreme Court authorized the publication and use of revised and new jury instructions and a verdict form for medical negligence cases concerning the statute of limitations.
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700 So. 2d 167·
Fla. 4th DCA·
1997-10-15
The appellate court reversed a trial court judgment, holding that an agreement for deed was a mortgage under Florida law and that the surviving spouse was entitled to all payments due under the agreement, not just half as a third-party beneficiary.
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986 F. Supp. 1383·
M.D. Fla.·
1997-03-20
District court amended its judgment to reflect apportionment of fault among parties in a maritime shipping dispute, granting defendants' motion to amend while declining to alter findings of fact or conclusions of law.