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Hortensia Martin, et al. v. Jorge Jose Sowers, M.D., Case No. 3D15-290 (3rd DCA) (August 20, 2017)

In Martin, the Third District reversed judgment entered in favor of the defendant doctor after a medical malpractice jury trial, finding that the trial court erred in not granting summary judgment in favor of the plaintiffs on the issue of statute of ...

Leinberger and Foreman v. Magee, 42 Fla. L. Weekly D1852c (4th DCA, Aug. 23, 2017)

In Leinberger, petitioner sought review of a trial court order granting respondent’s motion for leave to claim punitive damages. In quashing the trial court’s order, the Fourth DCA concluded that the trial court failed to comport with the ...

R.J. Reynolds v. Enochs - Jury Selection - Peremptory Challenges and Race and Gender Neutral Explanations

In the R.J. Reynolds v. Enochs case, R.J. Reynolds and Phillip Morris appealed the final judgment entered in favor of the Plaintiff. The appellate court addressed the Defendants’ argument that the trial court erred by failing to engage in the ...

Westerbeke Corporation v. Michael Atherton, et. al., 42 Fla. L. Weekly D1741c, (2d DCA, Aug. 9, 2017)

In Westerbeke, the Second District Court of Appeal held that the trial court departed from essential requirements of law when it applied the incorrect law on appellant’s motion to compel the disassembly of a piece of a gas generator involved in ...

Rasinski v. McCoy, 42 Fla. L. Weekly D1711a (5th DCA, Aug. 4, 2017)

Holding: The 5 th DCA held that the trial court abused its discretion in denying defendant’s motion for remittitur or new trial, and erred in denying a set-off amount for which the plaintiff’s healthcare provider released its lien and ...

Gina Marie Bove, as Personal Representative v. Naples HMA, LLC, Case No. 2D15-1680 (2nd DCA)

In Bove, the Second District ruled that the plaintiff’s medical malpractice complaint was untimely filed under the applicable statute of limitations period. The case arose after the plaintiff’s husband died on February 26, 2012 following ...

R.J. Reynolds Tobacco Co. v. Kathleen Gafney, as Personal Representative, Case No. 4D13-4358 (4thDCA)

In Gafney, the Fourth District reversed a judgment entered in favor of the plaintiff in a tobacco wrongful death suit based on improper closing argument. Specifically, the Fourth District found that the plaintiff made improper send a message ...

Stephanie De La Torre, et al. v. Flanigan’s Enterprises, Inc., Case No. 4D15-195 (4th DCA)

In De La Torre, the plaintiff appealed the trial court’s dismissal of the case under Fla. Stat. 768.125, which insulates businesses from liability for damages caused by intoxicated patrons. The case arose after an intoxicated patron left the ...

Donald Emmons v. Thomas Wayne Akers, II, et al., Case No. 1D14-4625 (1st DCA)

In Emmons, the trial court found that the amount awarded by the jury in the personal injury action was inadequate, and therefore, granted the plaintiff’s motion for additur. The defendant refused to agree to the additur, and thus, the trial ...

Caridad Miyiriam Dominguez v. Publix Super Market, Inc., Case No. 3D14-2212 (3rd DCA)

In Dominguez, the Third District reversed the trial court’s order denying Publix’s motion for judgment in accordance with its motion for directed verdict. The plaintiff suffered injuries when she slipped and fell on detergent that had ...

City of Miami v. Facunda S. Navarro, Case No. 3D14-3038 (3rd DCA)

In Navarro, the Third District reversed a judgment entered in favor of the plaintiff and against the City of Miami following a jury trial. The case arose after the plaintiff tripped and fell over a raised brick while walking on a brick-paved sidewalk ...

Jessica Tedrow, as parent and natural guardian, et al. v. Jimmy J. Cannon, Case No. 2D15-3405 (Second DCA)

In Tedrow, the plaintiff in the underlying case sought certiorari review of a nonfinal order compelling depositions and discovery for purposes of determining whether the plaintiff had filed, and later dismissed, a lawsuit against the defendant that ...

Enzo Rojas v. Yagmerys Rodriguez, Case No. 3D15-277 (Third DCA)

In Rojas, the plaintiff sought review of the trial court’s granting the defendant’s motion for a new trial. Because the defendant did not make a timely Daubert objection, the Third District reversed. The plaintiff was a passenger in a ...

The Estate of Betsy Gladis Hernandez v. Agency for Health Care Administration, Case No. 3D14-2115 (Third DCA)

In Hernandez, the plaintiff appealed an order allocating a portion of the proceeds from a wrongful death settlement to pay a Medicaid lien held by ACHA. The trial court had apportioned the settlement amount based on the formula in Florida’s ...

James Manfre v. Kathleen Shinkle, Case No. 5D14-3368 (5th DCA)

In Manfre, the plaintiff was severely injured when her vehicle flipped several times after hitting a dead horse lying on the roadway. Approximately an hour and a half prior to the accident, two horse escaped their confines, and where spotted roaming ...

Janine Aris, et al. v. Seville C. Applebaum, Case No. 3D14-2050 (3rd DCA)

In Aris, the Third District affirmed a final judgment entered below and the trial court's denial of a post-trial motion for new trial. The Third District noted that the appellant have objected to clearly improper questioning by the appellee's ...

Jeffrey M. Edwards, as Personal Representative v. Jeffrey Rosen, M.D., et al., Case No. 2D14-3093 (2nd DCA)

In Edwards, the plaintiff appealed a final judgment entered in favor of the defendant doctor following a jury trial. The plaintiff's wife passed away while under the care of a team of physicians. The defendant, Dr. Rosen, was one of the ...

State Farm Mutual Automobile Ins. Co. v. Michael D. Gold, et al., Case No. 4D14-2362 (4th DCA)

In Gold, State Farm appealed the trial court's denial of its motion for new trial following a jury verdict in the plaintiffs' favor following trial. The plaintiffs brought suit against State Farm seeking uninsured motorist benefits after an ...

Jeanne Uy Go, M.D., v. Fedeline Normil, et al., Case No. 4D13-88 (4th DCA)

InNormil, the plaintiffs filed suit against the defendants for medical malpractice after their minor child was rendered brain damaged following care by the defendants. At trial, the jury rendered a verdict of $28.5 million in favor of the plaintiffs. ...

R.J. Reynolds Tobacco Co. v. Phil J. Marotta, as Personal Representative, Case No. 4D13-1703 (4th DCA)

In Marotta, the defendant tobacco company appealed a final judgment entered in favor of the plaintiff. The Fourth District affirmed on all issues, but wrote to address the defendant's argument that federal law implicitly preempts state law tort ...

Milva Lissabet Ortego v. Blanchard Belony, Case No. 3D14-1655 (3rd DCA)

In Ortego, the Third District reinstated a jury verdict awarding minimal past or future pain and suffering to a plaintiff who suffered permanent neck injuries following an automobile accident. The plaintiff had suffered a broken neck in a traffic ...

Michael Mobley, through his natural guardian v. State of Florida, AHCA, Case No. 1D14-2770 (1st DCA)

In Mobley, the First District reversed an order of the Division of Administrative Hearings determining that AHCA was entitled to a full reimbursement of its Medicaid lien from the appellant’s personal injury settlement. The case stemmed from an ...

Christie L. Soto, as Personal Representative v. McCulley Marine Services, Inc., Case No. 2D13-1620 (2nd DCA)

In Soto, the Second District reversed and remanded for a new trial in a wrongful death action following judgment for the defense. On July 4, 2009, the plaintiff’s decedent was jet skiing near Longboat Pass in Manatee County. He became separated ...

The Field Club, Inc. v. Robin Alario, et al., Case No. 2D14-4838 (2nd DCA)

The plaintiffs in Alario filed suit against The Field Club after one of the plaintiffs sustained injuries from being struck in the head by a metal shutter on The Field Club’s property. At trial, the jury returned a verdict for the plaintiffs, ...

Megan E. Baan, as personal representative v. Columbia County, Case No. 1D15-0092 (1stDCA)

In Baan, the plaintiff appealed a summary judgment entered in favor of the defense following a trial court order excluding the plaintiff’s expert testimony. The expert testified at deposition as to the standard of case when emergency personnel ...
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