terry's takes
Filtered by category: negligence dutyMarch 12, 2024
1st dca, negligence duty, summary judgement standardCasey v. Mistral Condo. Ass'n, Inc.
A third-floor balcony gave way due to wood rot that a condo association knew about for years but had neglected to repair. Even though everyone in pretrial discovery agreed that the Association had the duty to repair the balconies (and had repaired other balconies), the trial court granted summary judgment to the condo association, holding that the governing condo documents placed the duty of repair on the unit’s owner and that testimony to the contrary was barred under the parol evidence rule. Reversing, the DCA held that the parol evidence rule only bars evidence of intent prior to or at the time of the contract, not testimony about subsequent oral agreements that contradict, vary, defeat or modify a written agreement. While duty is normally a matter of law, where the duty arises from contract and there is an argument that the contract is vague, a genuine dispute of fact on the meaning of the contract is an issue for the jury, not the judge, to resolve, so summary judgment was improper.
read moreMay 17, 2023
4th dca, negligence dutySaunders v. The Baseball Factory, Inc.
the baseball factory, a company that hosts youth baseball games, did not have a duty to protect an umpire from being punched in the face by a 17-year-old baseball player who was dissatisfied by the umpire’s call of a “strike.”
read moreMarch 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 15, 2023
4th dca, negligence dutyJones v. Vasilias
an employee of a car dealership was pulling out of the dealership-owned van to make a delivery, and the driver struck a bicyclist who had been riding along the busy street that ran past the dealership.
read moreContact Us
Our Promise
Aggressive Litigation. Honest Representation. Dedicated Communication. Respect and Compassion.
