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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 ...

Joseph Panzera, et al. v. Darryl O’Neal, et al., Case No. 2D14-4302 (2nd DCA)

In Panzera, the Second District affirmed the trial court’s entry of summary judgment in favor of the defendants in a wrongful death case arising from an automobile accident involving a Publix Supermarkets truck. At slightly past 3 AM on May 29, ...

Humana Medical Plan, Inc. v. Mary Reale, et al., Case No. 3D12-2882 (3rd DCA)

In Reale, Humana appealed a final judgment determining its right to reimbursement of conditional Medicare payments under Florida subrogation law, including Florida’s collateral sources of indemnity statute, section 768.76, Florida Statutes. The ...

Mohamad R. Samiian, M.D. v. First Professionals Ins. Co., Inc., et al., Case No. 1D14-3656 (1st DCA)

In Samiian, the trial court awarded summary judgment in favor of the physician plaintiff’s medical malpractice carrier, finding that the bad faith claim was barred by the “safe harbor” provision of section 766.1185(1)(a), Florida ...

John Lee Taylor v. Seketa Culver, Case No. 1D14-4444 (1st DCA)

In Taylor, the appellant appealed the trial court’s decision to exclude the testimony of his expert biomedical engineer where the testimony was relevant to material issues of fact and to refute the testimony of the appellee’s own ...

Antonio Ferrer v. Ana La Serna, Case No. 4D14-2475 (4th DCA)

In Ferrer, the Fourth District considered whether the trial court erred in awarding additur following a jury trial in an automobile accident case. The case arose following the defendant’s vehicle striking the plaintiff’s car at a low ...

Eric Rivera v. Joshua Bosque, Case No. 5D15-3755 (5th DCA)

In Rivera, the defendant in the underlying case sought appellate review of a trial court order denying his motion to disqualify the presiding judge. The plaintiff in the underlying personal injury suit is represented by two attorneys from the law ...

Antonio Jimenez v. Pedro Ortega, Case No. 5D14-1818 (5th DCA)

In Jimenez, the Fifth District ruled that the trial court should have dismissed the plaintiff’s claims for pain and suffering and loss of earnings as a sanction for committing fraud upon the court. The plaintiff had filed a negligence suit ...

William P. Aubin v. Union Carbide Corporation, Case No. SC12-2075 (Florida Supreme Court)

In Aubin, the Florida Supreme Court addressed, among other things, the applicable standard in strict product liability cases. The Third District in Aubin applied the risk utility test for design defect cases set forth in the Restatement (Third) of ...

Owen Peterson v. Flare Fittings, Inc., et al., Case No. 5D13-2235 (5th DCA)

In Peterson, the Fifth District reversed summary judgments entered in favor of defendants, Disney World, Flare Fittings and Crossfire Paintball. In November 2008, the plaintiff arrived at the Wide World of Sports Complex owned by Disney World for a ...

City of Port St. Lucie v. Vallerie Follano, Case No. 4D15-2642 (4th DCA)

In Follano, the Fourth District grant a petition for writ of certiorari review of a trial court order compelling production of photographs claimed as work product without conducting an in camera review. The plaintiff sued the city after stepping into ...

Alexis Cantore, et al. v. West Boca Medical Center, Case No. 4D13-1985 (4th DCA)

In Cantore, the Fourth District affirmed a jury verdict in favor of the defense in a medical malpractice action, and wrote to discuss the issue of subsequent treating physician testimony. In 2006, the plaintiff, at twelve years old, was diagnosed ...

Suzanne Vazquez v. Milady Martines, Case No. 5D13-1465 (5th DCA)

In Vazquez, the defendant in an automobile accident case appealed a final judgment entered in favor of the plaintiff. The Fifth District addressed two issues on appeal. First, the defendant argued the trial court improperly permitted that during ...

Michael Hernandez, Jr. v. State of Florida, Case Nos. SC13-718, SC13-2330 (Florida Supreme Court)

In Hernandez, the Florida Supreme Court issued a lengthy opinion in a criminal case addressing several issues, which included a short commentary on the new Daubert standard. The Florida Supreme Court noted that Section 90.702, Florida Statutes, was ...

Seaboard Marine, Ltd. v. Farconelly Clark, Case No. 3D14-3043 (3rd DCA)

In Clark, the defendant sought certiorari review of a trial court order compelling the defendant to produce certain work product photographs taken by the defendant’s attorneys. Following a workplace incident resulting in the plaintiff suffering ...

Searcy Denney Scarola Barnhart & Shipley, P.A., et al. v. State of Florida, Case No. 4D13-3497 (4th DCA)

Earlier this year, the Fourth District upheld the Legislature’s decision to limit the amount of attorneys’ fees awardable to the plaintiffs’ counsel in an excess claims bill. In that proceeding, the Fourth District has now certified ...

Jeffrey P. Arnold, et al. v. Security National Ins. Co., Case No. 4D13-0061 (4th DCA)

In Arnold, the plaintiffs appealed a trial court order reducing the jury awards for past and future pain and suffering against Security National by nearly $1 million. The plaintiffs filed suit against their uninsured motorist carrier following an ...

Simon Dockswell, et al. v. Bethesda Memorial Hospital, Inc., Case No. 4D13-2936 (4thDCA)

In Dockswell, the plaintiffs appealed an adverse final judgment entered in a medical malpractice suit. The plaintiffs argued that the trial court erred in refusing to give their requested jury instruction on foreign bodies, which would have provided ...

Publix Super Markets, Inc. v. Luz Hernandez, Case No. 3D14-2858 (3rdDCA)

In Hernandez, the defendant, Publix, sought certiorari review of a trial court order sustaining the plaintiff’s objections to certain third party subpoenas duces tecum. The plaintiff filed suit after suffering injuries sustained after slipping ...

Geico General Insurance Co. v. Annie Lepine, as Personal Representative, Case No. 2D14-5903 (2nd DCA)

– In Lepine, the defendant insurer, Geico, sought certiorari review of the trial court’s order denying Geico’s motion to dismiss Count III of the plaintiff’s complaint. Geico’s insured was involved in an automobile ...

Jordan Grabel, M.D., et al. v. Adolfo Roura, Case Nos. 4D15-194 & 4D15-199 (4thDCA)

In Roura, the Fourth District reviewed by certiorari certain discovery orders permitting financial discovery relating to one of the defendant’s medical expert witnesses. The trial court had found that the deposition responses of the defense ...
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