terry's takes
Filtered by category: business recordsMarch 15, 2023
3rd dca, 1983 excessive force, amendment of pleadings, business records, certificate of service, corporate representative, discovery sanctions violations, florida civil rights claim, hearsay, impact rule, medical malpractice presuit, negligence duty, personal jurisdiction, summary judgement standardWillis v. Accenture, Inc.
willis sued accenture under the florida civil rights act of 1992 (fcra) as codified in section 760.01, fla. stat. and for tortious interference with a business relationship.
read moreMarch 1, 2023
3rd dca, business records, corporate representative, hearsayMesa v. Citizens Property Insurance Corp.
In this property insurance case, Citizens Insurance’s corporate representative, Alicia Wright, testified about an adjuster’s findings that roof damage was due to non-covered wear and tear, not covered wind damage. The plaintiff objected, arguing Wright lacked personal knowledge of the inspection details, but the trial court allowed her testimony. Citizens won at trial, but on appeal, the District Court of Appeal (DCA) found Wright’s testimony was inadmissible hearsay because she had no firsthand knowledge and the adjuster’s report was not entered into evidence. The court held that this error likely impacted the verdict, reversed the decision, and ordered a new trial.
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