terry's takes
Filtered by category: negligenceMarch 11, 2024
supreme court of florida, negligenceFaircloth v. Main Street Entertainment, Inc.
Florida’s “dram shop” act, which bars liability against shops that serve alcohol unless they “willfully and unlawfully” serve either a minor or a habitual drunkard, allows negligence and negligence per se cases, not just intentional torts. Negligence cases are subject to comparative negligence division of liability, while intentional torts cases are not. A trial court erred in barring a dram shop (bar) from receiving a jury instruction on comparative negligence because of its erroneous view that the case was an intentional tort case. At a new trial, the defendant can receive an instruction on comparative negligence.
read moreMay 12, 2023
6th dca, causation, directed verdict, negligenceLancheros v. Burke
In this case, Burke sued Lancheros and VL Auto Transport, Inc., for injuries from a car accident. The defendants admitted fault, but contested whether the accident caused Burke's back injury, arguing it was a pre-existing condition. Although expert testimony supported Burke’s claim that the accident caused temporary back soreness, the trial court granted a directed verdict on causation, removing that question from the jury. The DCA reversed, citing that the jury could still question causation due to Burke's delayed treatment and prior back issues. This allowed the jury to reject expert testimony based on conflicting evidence about the injury's cause.
read moreApril 12, 2023
2nd dca, negligence, sovereign immunity floridaThe City of New Port Richey v. Lamko
two plaintiffs sued the city of new port richey for negligence due to injuries suffered as the result of a high-speed pursuit by the city’s police officer.
read moreApril 5, 2023
no court, breach of fiduciary duty, exploitation of a vulnerable adult 415 111, negligence, personal jurisdiction, wrongful deathConcordia Lutheran Ministries v. Wills
The Second District Court of Appeal upheld the denial of a motion to dismiss for lack of personal jurisdiction by the Pennsylvania parent company of a Florida nursing home accused of negligence, breach of fiduciary duty, and exploitation. The court found specific jurisdiction due to allegations of aiding a breach of fiduciary duty by transferring funds from the Florida subsidiary to the parent, impacting care quality. The Pennsylvania company’s involvement in alleged tortious conduct in Florida satisfied due process requirements for personal jurisdiction.
read moreApril 1, 2023
11th circuit court of appeals, negligence, summary judgement standardState Farm Mutual Automobile Insurance Company v. Spangler
while driving, mrs. spangler’s car was struck by the uninsured driver of an electric motorized scooter, which resulted in injury to her. the spanglers made a claim against state farm under their car insurance policy’s uninsured motorist (“um”) coverage.
read moreApril 1, 2023
4th dca, negligence, products liability, statute of reposeHalum v. ZP Passive Safety Systems US, Inc.
in 2015, the plaintiff was involved in a motor vehicle that he (through his estate) alleged resulted from a defect in the seat belt buckle. the car was sold to its first user in 2001 and re-sold to the plaintiff in 2004.
read moreApril 1, 2023
5th dca, directed verdict, negligence, non economic damagesCooper v. Gonzalez
In this case, the Fifth District Court of Appeal addressed issues of negligence, expert testimony, and non-economic damages. After Cooper rear-ended Gonzalez, they disputed the extent and permanence of her injuries, with the court ultimately ruling that Gonzalez’s directed verdict on permanent injury was improper due to conflicting evidence. The DCA reversed and remanded for a third trial, emphasizing that a permanent anatomical change alone does not meet Florida’s statutory definition of a permanent injury.
read moreMarch 31, 2023
11th circuit court of appeals, negligence, premises liability, transitory foreign substanceSutton v. Wal-Mart Stores East, LP
this case is useful enough that i have already used it in a response to a summary judgment motion. this is a plaintiff-friendly decision applying florida law regarding the statutory additional element in slip-and-fall cases against businesses.
read moreMarch 31, 2023
5th dca, motion in limine, negligenceSong v. Jenkins
fu lu song was driving a tractor trailer owned by american trucking company. he was driving in interstate 95 near jacksonville when a car in front of him suddenly slowed down.
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