terry's takes
Filtered by category: wrongful deathApril 1, 2024
11th circuit court of appeals, wrongful deathAcosta v. Miami-Dade County.
The district court erred in granting summary judgment to several officers on 42 U.S.C. § 1983 claims of excessive force and Florida state law claims of wrongful death. A group of six officers pursued a man who had been acting erratically and attacking his girlfriend. He initially resisted arrest, but witnesses stated that after he was tased and brought to the ground, he ceased resisting. Officers continued to tase and kick the man, and he died at the hospital from intracranial and anoxic brain injuries. Whether his death was from a drug overdose is disputed, but there is enough evidence that it was from the beating that that matter has to go to a jury.
read moreFebruary 23, 2024
1st dca, medical malpractice presuit, sovereign immunity florida, wrongful deathFagan v. Jackson County Hospital District
In this Florida case, the court dismissed a wrongful death claim against Jackson County Hospital District due to missed statutory notice requirements. The plaintiff failed to notify the Florida Department of Financial Services (DFS) within the two-year deadline required under Fla. Stat. § 768.28(2) for suing state agencies. Although the plaintiff argued that the presuit tolling provisions for medical malpractice should extend the notice period, the court held that these provisions apply only to filing deadlines, not to statutory notice requirements for state entities. The District Court of Appeal affirmed the dismissal, emphasizing the strict interpretation of sovereign immunity laws.
read moreOctober 23, 2023
1st dca, premises liability, summary judgement standard, transitory foreign substance, vicarious liability, writ of certiorari, writ of quo warranto, wrongful deathGarcia v. Southern Cleaning Service, Inc.
Southern Cleaning contracted with Winn-Dixie Stores, Inc., a grocery store chain, to provide janitorial services. Then, Southern Cleaning subcontracted that work to PAM Cleaning, Inc., an independent contractor.
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 moreMarch 4, 2023
no court, wrongful deathAnti-Lawyer Bill
HB 837, a controversial tort reform bill aimed at overhauling Florida’s civil litigation system, has passed the Civil Justice Subcommittee with amendments and is now under review by the Judiciary Committee. A related Senate bill, SB 236, is progressing through the Banking and Insurance, Judiciary, and Fiscal Policy committees.
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