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Borden Dairy Co. of Alabama, LLC, et al. v. Susanne Kuhajda, Case No. 1D13-4896 (1st DCA)

In Kuhajda, the First DCA affirmed a verdict in favor of the plaintiff in an automobile accident suit. The plaintiff was injured when she was involved in an accident with a truck being driven by defendant, Major Greenrock, an employee of defendant ...

Jeffrey Weissman v. Radiology Associates of Ocala, P.A., et al., Case No. 5D13-2579 (5th DCA

In Weissman, the Fifth DCA reversed a trial court's order granting a new trial, and reinstated a jury verdict in favor of the plaintiff in a medical malpractice suit. Following entry of the verdict, the defendant radiology group conducted ...

Meadowbrook Meat Co., Inc. v. Michael Catinella, et al., Case No. 2D13-1295 (2ndDCA)

In Meadowbrook, the Second DCA affirmed the trial court's order granting a new trial after the jury returned a verdict in favor of the defendant in a slip and fall case. Following entry of the verdict, the plaintiff moved for a new trial arguing ...

Yeinson Torres Hurtado, et al. v. Nigel Desouza, Case Nos. 4D12-1817 & 4D13-1469 (4th DCA)

In Hurtado, the Fourth DCA reversed a judgment in favor of the plaintiff in a rear-end auto accident case based on a collateral source/set-off issue concerning unemployment benefits. The plaintiff filed a claim for personal injuries, and the ...

Robert Shaver v. Max Carpenter, et al., Case No. 2D13-117 (2nd DCA)

In Shaver, the Second DCA ruled that a jury verdict in favor of the plaintiffs was tainted by two evidentiary errors. The plaintiffs were riding on a motorcycle in an intersection when they were involved in an accident with the defendant's ...

Orthopedic Care Center v. Devon Parks, Case No. 3D14-988 (3rd DCA)

In Parks, the Third DCA affirmed the trial court's denial of a protective order requested by the defense. The plaintiff filed suit again the defendant following an auto accident, and during the suit, the defendant retained an orthopedic physician ...

Ramiro Nieves, M.D. v. Jose Viera, et al., Case No. 3D13-1137 (3rd DCA)

In Nieves, the Third DCA denied a petition for writ of certiorari filed by a defendant doctor in a medical malpractice case, from an order denying his motion to dismiss. On November 8, 2009, the defendant doctor, an orthopedic surgeon, performed a ...

Johnny Thompson, as Personal Representative v. Estate of Kendrick Kevin Maurive, Case No. 4D13-2618 (4th DCA)

In Thompson, the Fourth DCA reversed a trial court order enforcing a pre-suit settlement, finding that there was not a meeting of the minds between the parties as to every essential element. The plaintiff's son was involved in an automobile ...

DFC Tamarac, Inc. v. Fatou N. Jackson, Case No. 4D12-3065 (4th DCA)

In Jackson, the Fourth DCA reversed the trial court's denial of attorney's fees and costs pursuant to Fla. Stat. 768.79, finding that the proposal for settlement was not ambiguous in the identification of the offeree. The complaint described ...

Sovereign Healthcare of Tampa, LLC et al. v. The Estate of William S. Yarawsky, Case No. 2D13-2083 (2nd DCA)

In Yarawsky, the Second DCA affirmed a trial court order rescinding an earlier order granting arbitration. Mr. Yarawsky was a resident in a nursing home for ten months. After his death, his family brought suit against the nursing home alleging ...

Allstate Insurance Co . v. Melanie Manzo-Pianelli, et al., Case No. 4D13-4320 (4th DCA)

In Manzo-Pianello, the Fourth DCA reversed a summary judgment entered in favor of a plaintiff injured in an automobile accident. In 2007, the plaintiff was involved in an accident with Alana Proctor, the permissive driver of a vehicle owned by Neil ...

GEICO General Insurance Company v. Thomas A Moultrop, Case No. 4D14-1844 (4th DCA)

In Moultrop, the defendant, GEICO, petitioned for a writ of certiorari to review an order that allowed discovery of attorney-client privileged communications in a bad faith action. Following an in camera inspection, a special master determined that a ...

Paola A. Alvarado-Fernandez v. Matthew Mazoff, Case No. 4D14-503 (4th DCA)

In Alvarado-Fernandez, the Fourth District affirmed the trial court's denial of the defendant's motion to dismiss arguing improper service of process. The case arose after the plaintiff's vehicle was struck by a vehicle being driven by ...

Winter Haven Hospital, Inc. v. Brandy K. Liles, Case No. 2D13-807 (2nd DCA)

In Liles, the Second District reversed a final judgment entered in favor of the plaintiff. The plaintiff's mother passed away one day following treatment at the Winter Haven Hospital's emergency room. The plaintiff requested an autopsy be ...

Safeco Ins. Co. of Illinois v. Christine A. Beare, Case No. 4D13-3104 (Fla. 4th DCA)

In Beare, the insurer, Safeco, challenged the trial court’s order abating plaintiff’s claim for bad faith refusal to settlement the plaintiff’s uninsured/underinsured motorist claim, rather than dismissing the claim in favor of a ...

Geico Gen. Ins. Co. v. Kelly Paton, Case No. 4D12-4606 (Fla. 4th DCA)

In Paton, the Fourth DCA addressed whether, in a first party bad faith trial, the plaintiff was required to once again prove damages, instead of relying on the jury’s damage determination in the first trial, which established the liability of ...

Steve Buck v. Columbia Hospital Corp. of South Broward, Case No. 4D13-2165 (Fla. 4th DCA)

In Buck, the Fourth DCA affirmed a dismissal of a complaint for failure to comply with the pre-suit requirements of Chapter 766, Florida Statutes. The plaintiff, a personal representative, filed a wrongful death complaint alleging that the decedent ...

Neil Brown v. Esther Mittelman, Case No. 4D14-1748 (Fla. 4th DCA)

In Brown, the Fourth DCA denied a petition for writ of certiorari to quash a discovery order denying a non-party doctor’s objections to a subpoena duces tecum, because a law firm’s relationship with a doctor is discoverable on the issue ...

Lloyd Oliver Hunt, et al. v. State Farm Florida Ins. Co., Case No. 4D13-272 (4th DCA)

In Hunt, the insured Plaintiffs’ home was damaged by Hurricane Wilma in 2005 at which time the home was insured by State Farm. Under the insurance policy, the Plaintiffs were required to provide State Farm with immediate notice of any loss, and ...

Kristina Michelle Brana v. Rodolfo Roura, Case Nos. 4D14-639 and 4D14-677 (4th DCA)

In Brana, the Fourth DCA granted writs for certiorari and quashed orders denying motions for protective order. The respondent had issued subpoenas to hospitals where a Dr. Grabel performed spinal surgeries. The subpoenas requested all documents ...

Geico Casualty Co. v. Antonio Barber, Case No. 5D14-427 (5th DCA)

In 2009, the Plaintiff filed suit against Geico for uninsured/underinsured motorist benefits following an automobile accident. Geico answered the complaint, and responded to a civil remedy notice, stating that based upon its investigation and review ...

Kimberly Roden, as Personal Representative v. R.J. Reynolds Tobacco Co., et al., Case No. 4D11-4211 (4th DCA)

In Roden, the Plaintiff appealed an order granting the tobacco companies’ motion to dismiss, arguing that the trial court erred in determining that the complaint could not be amended to add a wrongful death claim. The Fourth DCA agreed with the ...

Florida Workers’ Advocates, et al. v. State of Florida, Case No. 11-13661 (11th Judicial Circuit)

In FWA, a trial court addressed whether Fla. Stat. 440.11 (the exclusive remedy provision of the workers’ compensation act) was invalid as unconstitutional, in violation of the Due Process Clause of the 14 th Amendment of the U.S. Constitution, ...

Kaitlyn v. Harrell, et al. v. AHCA, Case No. 1D12-5597 (1st DCA)

In Harrell, the plaintiffs filed suit against a hospital arising from an infant’s oxygen deprivation at birth, which caused catastrophic permanent harm. Following a confidential settlement, AHCA asserted a lien against the settlement proceeds ...

Renee Bush v. State Farm Mutual Auto. Ins. Co., (2nd DCA)

In Bush, the plaintiff appealed a summary judgment entered in favor of State Farm. The Second DCA reversed based upon the Florida Supreme Court’s decision in State Farm Mutual Auto. Ins. Co. v. Curran, 135 So. 3d 1071 (Fla. 2014). The plaintiff ...
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