2021 Blog | Injury Lawyers in Daytona Beach

Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case brought by widow of slain taxicab driver April 12, 2021

On March 5, 2021, in Prosper v. Martin, No. 19-12857, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment for the defendant police officer on qualified immunity grounds...

Florida Second DCA rules that pre-1999 punitive damages statute applies to Engle-progeny wrongful death tobacco case, certifying conflict with Florida Fifth DCA April 12, 2021

On March 3, 2021, in R.J. Reynolds Tobacco Company v. Jones, No. 2D19-3537, the Florida Second DCA affirmed a judgment for the plaintiff in an Engle-progeny wrongful death action against the defendant tobacco company...

Florida Third DCA quashes non-party subpoena, finds that defendant Geico has standing to object on privilege grounds to disclosure by third-party company of data identified by contract as Geico’s proprietary confidential data not subject to disclosure to third persons April 12, 2021

On March 3, 2021, in Geico Casualty Company, et al, v. MSP Recovery Claims, et al., No. 3D20-1506, the Florida Third DCA granted a petition by Geico Casualty Company to quash a non-party subpoena that had been issued to another company...

Florida Fifth DCA rejects claim of judicial estoppel as grounds for denying defendant in motor vehicle negligence case discovery as to whether a prior settlement was reached with plaintiff April 12, 2021

On March 5, 2021, in Marrero v. Rea, No. 5D20-1612, the Florida Fifth DCA granted the certiorari petition of the defendant driver in a motor vehicle negligence case and quashed trial court orders which prohibited the parties from engaging in any discovery...

Florida Supreme Court issues new Administrative Order No. AOSC20-23 governing Covid-19 measures in Florida Trial Court April 12, 2021

On March 9, 2021, the Florida Supreme Court issued Administrative Order No. AOSC20-23, “Comprehensive Covid-19 Emergency Measures for Florida Trial Courts,” the latest pronouncement by the Florida Supreme Court on the evolving trial court procedures to address the Covid-19 epidemic...

Seventh Judicial Circuit Chief Judge announces that in-person jury trial may resume in Flagler, Putnam, St. Johns, and Volusia counties effective March 15, 2021 April 12, 2021

On March 9, 2021, Seventh Judicial Circuit Chief Judge Raul A. Zambrano announced that in-person jury trials in Flagler, Putnam, St. Johns, and Volusia counties may resume effective March 15, 2021...

Florida First DCA rules that defendants’ joint proposal for settlement was unenforceable by plaintiff since a material condition, the release of the defendants from further liability, had already been partly accomplished by one defendant’s acceptance of a proposal for settlement from the plaintiff April 12, 2021

On March 10, 2021, in Ketterling v. Morris, No. 1D20-37, the Florida First DCA reversed a trial court ruling and held that the defendant in a motor vehicle negligence case had not made an enforceable proposal for settlement to the plaintiff ...

Florida Fourth DCA reverses trial court order which had granted defamation defendant’s remittitur motion and reduced plaintiff’s judgment from $550,000 to $100,000 April 12, 2021

On March 10, 2021, in Fernalld v. ABB, Inc. et al, No. 4D19-3511, the Florida Fourth DCA reversed a trial court’s ruling that had granted a defendant’s motion for remittitur of the amount of the judgment against him in a defamation case. The jury had awarded the plaintiff $550,000...

Florida Fourth DCA rules in UIM motor vehicle negligence case in which plaintiff’s vehicle was allegedly struck in succession by two vehicles that trial court did not err in instructing jury that multiple impacts can constitute one “accident” under UIM policy if there is one proximate, uninterrupted and continuing cause of injury April 12, 2021

On March 10, 2021, in Belt v. USAA Casualty Insurance Company, No. 4D20-339, the Florida Fourth DCA affirmed a final judgment for the defendant in anuninsured motor vehicle negligence case, rejecting a claim by the plaintiff that the trial court erred in instructing the jury...

Florida Second DCA rules that defendant could not file valid proposal for settlement upon a plaintiff added in an amended complaint until 90 days elapsed from the time of the filing of the amended complaint April 12, 2021

On March 17, 2021, in Arizone, et al. v. Homeowners Choice Property & Casualty Insurance Company, Inc., No. 2D18-1116, the Florida Second DCA ruled that a defendant’s proposal for settlement against a plaintiff in a property insurance breach of contract case was invalid...

Florida Second DCA rules that trial court committed reversible error in denying plaintiff’s new trial motion by not expressly ruling on whether trial verdict was against the manifest weight of the evidence April 12, 2021

On March 17, 2021, in Lively v. Grandhige, et al., No. 2D19-1713, the Florida Second DCA reversed a trial court order denying a plaintiff’s motion for a new trial in a medical negligence case on the basis that the defense verdict was against the manifest weight of the evidence...

Florida Third DCA rules that trial court erred in not addressing defendant’s argument that medical negligence plaintiff failed to follow pre-suit requirements by not submitting expert medical affidavit April 12, 2021

On March 17, 2021, in Dial 4 Care, Inc., v. Brinson, et al., No. 3d20-1644, the Florida Third DCA granted a medical negligence defendant’s certiorari petition and quashed a trial court order dismissing the defendant’s motion to dismiss the complaint. The defendant maintained...

Florida First DCA rules that since Medicaid recipient died before settlement of personal injury case,amount of Medicaid lien cannot be challenged based on dispute about what part of an undifferentiated settlement is allocable to past medical expenses April 12, 2021

On March 26, 2021, in Cabrera v. State of Florida, Agency for Health Care Administration, No. 1D18-755, the Florida First DCAaffirmed an Administrative Law Judge‘s dismissal of a plaintiff’s petition challenging a Medicaid lien which had been applied against his personal injury settlement...

Florida First DCA affirms summary judgment for defendant in defamation case, finding plaintiff’s submission of unsworn and otherwise unauthenticated letter from third party did not constitute “summary judgment evidence” and was properly rejected by the trial court April 12, 2021

On March 24, 2021, in Garback, et al. v. Gayle, No. 1D20-988, the Florida First DCA affirmed a summary judgment for the defendant in a defamation case because the plaintiff failed to submit competent summary judgment evidence to counter the defendant’s affidavit in which he denied making the alleged defamatory statements...

Florida Second DCA rules that insurance company which did not provide liability coverage to its insured but provided courtesy representation at trial could not be joined as a codefendant in the final judgment April 12, 2021

On March 26, 2021, in Security National Insurance Co. v. Gonzalez, No. 2D18-3427, the Florida Second DCA considered a motor vehicle negligence case involving the application of § 727.4136, Florida States, Florida’s nonjoinder statute, which permits ...

Florida Second DCA rules that trial court erred in allowing psychotherapist to invoke the psychotherapist-patient privilege in a child custody hearing as to matters previously disclosed concerning the child’s treatment in a prior deposition and hearing April 12, 2021

On March 26, 2021, in S.H.Y v. P.G., No. 2D19-4646, the Florida Second DCAreversed a trial court ruling following a child custody hearing, finding that the trial court erred in allowing a psychotherapist to belatedly raise the psychotherapist-patient privilege...

Florida Third DCA affirms judgment for plaintiff in medical negligence case, finds no clear error in trial court’s denial of defense attempt to exercise peremptory strike of African American juror April 12, 2021

On March 24, 2021, in Hialeah Hospital, Inc. v. Hayes-Boursiquot, etc., No. 3D20-0050, the Florida Third DCA affirmed a jury verdict for the plaintiff in a medical negligence case, rejecting a defense argument that the trial court had committed reversible error...

Florida Third DCA quashes trial court order which had found that work product privilege as to defendant’s incident report was waived by defendant’s corporate representative’s use of report to refresh recollection in deposition, remands with direction to trial court to conduct in camera review of video deposition April 12, 2021

On March 24, 2021, in Onward Living Recovery Community, LLC et al, v. Mormeneo, etc., the Florida Third DCA granted a certiorari petition by the defendant in wrongful death case and quashed a trial court order finding no work product protection...

Florida Fourth DCA rules that wrongful death claim arising from mid-air collision of two planes insured under one policy was subject to a single $1 million insurance coverage limit April 12, 2021

On March 24, 2021, in Endurance Assurance Corp. v. Hodges, et al, No. 4D20-751, a wrongful death case involving a mid-air collision between two flight school airplanes, the Florida Fourth DCA ruled that the accident constituted one occurrence...

Florida Fourth DCA quashes trial court order requiring production of plaintiff’s mental health records April 12, 2021

On March 24, 2021, in Ern v. Springer, et al. No. 4D20-2107, the Florida Fourth DCA granted the certiorari petition of the plaintiff in a motor vehicle negligence case and quashed a trial court order requiring production of the plaintiff’s mental health records...

Eleventh Circuit Court of Appeals rules that district court properly exercised admiralty jurisdiction over medical negligence complaint involving care rendered on cruise ship because providing care and comfort to passengers is a traditional maritime activity April 12, 2021

On March 29, 2021, in Buland v. NCL (Bahamas) Ltd., No. 19-13012, the Eleventh Circuit Court of Appeals made several notable rulings and in an admiralty case involving a cruise ship passenger who allegedly was injured due to medical negligence by the cruise ship medical staff...

Florida Third DCA affirms dismissal of premises liability slip and fall lawsuit on the grounds of forum non conveniens, finding Jamaica is proper venue for accident occurring there even though defendant is a Florida corporation April 12, 2021

On March 31, 2021, in Fasang-Brown, et al. v. Visit Us, Inc., etc. No. 3D20-388, the Florida Third DCA decided a case presenting an example of the unusual circumstance in which a lawsuit against a defendant domiciled in the plaintiff’s chosen forum may nevertheless be dismissed...

Florida Fourth DCA partially reverses judgment for plaintiff in defamation case, finds that trial court erred in accepting the plaintiff’s unliquidated damages claim without conducting an evidentiary hearing April 12, 2021

On March 31, 2021, in Stamper v. Sahai, No. 4D19-3469, the Florida Fourth DCA partially reversed a judgment for the plaintiff in a defamation lawsuit filed by a surgeon against a former patient. After the defendant failed to respond to discovery...

Florida Fourth DCA rules that watercraft exclusion in homeowner’s policy precluded coverage for policy owner’s son while operating policy owner’s boat notwithstanding “severability” clause in policy April 12, 2021

On March 31, 2021, in Aiello v. ASI Preferred Corp. et al, No. 4D20-1078, the Florida Fourth DCA affirmed a summary judgment entered for the defendant homeowner insurance provider against its insured in a declaratory judgment action which had been filed by the insured...

Florida Fourth DCA affirms county court’s summary judgment for the defendant insurer in PIP case, finding that plaintiff waited too long to amend complaint April 12, 2021

On March 31, 2021, in Bronstein v. Allstate Insurance Company, No. 4D21-4, the Florida Fourth DCA affirmed a summary judgment in favor of the defendant PIP insurer. The sole issue initially raised in the case was whether Allstate had properly elected the payment limitations...

Eleventh Circuit rules that “ascertainability” of proposed class in class action lawsuit is not dependent on administrative feasibility of identifying class members March 12, 2021

On February 2, 2021, in Cherry, et al, v. Dometic Corporation, No. 19-13242, the Eleventh Circuit Court of Appeals reversed a U.S. district court’s dismissal of a class action lawsuit filed by the putative class representatives...

Eleventh Circuit concludes that plaintiff in proposed class action lawsuit on behalf of restaurant customers affected by customer information data breach did not have standing because no concrete injury has yet occurred March 12, 2021

On February 4, 2021, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, the Eleventh Circuit Court of Appeals affirmed a district court order dismissing a proposed class action lawsuit brought by a customer ...

Florida Second DCA rejects motor vehicle negligence defendant’s attempt to discover trade secrets from third party medical provider March 12, 2021

On February 5, 2021, in Gulfcoast Spine institute, LLC, et al, v. Walker, et al, No. 2D19-4220, the Florida Second DCA granted a certiorari petition from a non-party medical provider in a motor vehicle negligence case ...

Florida Third DCA rules that defendant in civil sexual battery case has a valid Fifth Amendment right not turn over documents because of reasonable fear of future criminal prosecution March 12, 2021

On February 3, 2021, in Shimon v. R.B., No. 20-18188, the Florida Third DCA granted a defendant’s writ for certiorari and quashed an order in a civil sexual battery case requiring him to provide documents in discovery...

Florida Fifth DCA reverses summary judgment for defendant hospital in medical negligence case, finding jury issue regarding whether an independent contractor on-call surgeon was an apparent agent of the hospital March 12, 2021

On February 5, 2021, in Luebbert v. Adventist Health System/Sunbelt, Inc., et al, No. 5D19-2824, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendant hospital in a medical negligence case...

Florida Second DCA rejects certiorari petition from party seeking relief from production of allegedly privileged documents, finding that petition was premature because no privilege log had yet been produced to the trial court March 12, 2021

On February 10, 2021, in The Hertz Corporation et al, v. Sider, No. 2D20. The Florida Second DCA denied a certiorari petition by the plaintiff rental car company in a lawsuit against a former employee...

Florida Third DCA concludes that plaintiff attorney’s accusation in closing argument that defense counsel and expert witness were “liars’ and sexist comments about defense counsel constituted fundamental error requiring a new trial March 12, 2021

On February 10, 2021, in Florida Peninsula Insurance Company v. Nolasco, No. 3D19-1393, the Florida Third DCA reversed a trial court ruling denying the defendant insurance company a new trial...

Florida Fourth DCA reverses $10 million judgment for plaintiff in Engle-progeny tobacco case, finding that trial court erred in admitting decedent smoker’s hearsay statement that she had heard “from the advertising” that filtered cigarettes were safe March 12, 2021

On February 10. 2021, in R.J. Reynolds Tobacco Company v. Hamilton, No. 4D19-2699, the Florida Fourth DCA reversed a $10.6 million judgment for the plaintiff ...

Florida Fourth DCA rules that Florida law did not require that insurance company notify first named insured when another insured under same motor vehicle policy cancelled policy March 12, 2021

On February 10, 2021, in Spielberg v. Progressive Select Insurance Company, No. 4D19-3081, the Florida Fourth DCA affirmed a summary judgment for the defendant insurance company in a declaratory judgment case...

Florida Fifth DCA rules that trial court erred in allowing evidence of defendant’s intoxication in the compensatory damages phase of bifurcated motor vehicle negligence drunk driving case when the defendant had conceded pre-trial to liability for both compensatory and punitive damages March 12, 2021

On February 12, 2021, in McKinney, et al.v. Graham, No. 5D18-3265, the Florida Fifth DCA reversed a $2.6 million verdict in favor of the plaintiff in a motor vehicle negligence drunk driving case and remanded for a new trial...

Eleventh Circuit Court of Appeals reverses summary judgment entered by district court for defendant mortgage lender in quit tam False Claims Act case alleging military veterans were charged mortgage origination fees that were prohibited by VA regulations March 12, 2021

On February 17, 2021, in Bibby, et al.,v. Mortgage Investors Corporation, et al., No. 19-12736, the Eleventh Circuit Court of Appeals reversed a summary judgment in favor of the defendant mortgage lender ...

Florida Third DCA vacates trial court order which had set aside verdict for plaintiff in motor vehicle negligence case, finding that inconsistencies in plaintiff’s testimony did not rise to the level of fraud upon the court March 12, 2021

On February 17, 2021, in Salazar v. Gomes, No. 3D19-1448, the Florida Third DCA vacated an order from the trial court which had set aside a jury verdict for the plaintiff in a motor vehicle negligence case...

Florida Fourth DCA rules that statute of limitations began to run on filing of bad faith lawsuit against insurer when damages were fixed by the entry of the judgment based on a Coblentz agreement between the plaintiff and the insured March 12, 2021

On February 17, 2021, in Butler v. Florida Peninsula Insurance Company, No. 4D20-678, the Florida Fourth DCA reversed a summary judgment entered by the trial court in favor of the defendant insurance company...

Eleventh Circuit Court of Appeals rules that the alleged fondling of a federal inmate’s genitals by a prison guard did not constitute a “sexual act” cognizable under the Federal Tort Claims Act March 12, 2021

On February 26, 2021, in Johnson v. White, et al., No. 19-14436, the Eleventh Circuit Court of Appeals ruled that a federal inmate did not have a cognizable claim against the government under the Federal Tort Claims Act (FTCA) ...

Florida First DCA rules that “final judgment” under§ 768.24 of Florida’s Wrongful Death Act occurred at the termination of judicial labor at the trial level, affirming trial court ruling reducing recovery by statutory survivor who died during pendency of post-trial motions from $5 million to zero March 12, 2021

On February 26, 2021, in Hamblen v. Pilot Travel Centers, LLC, No. 1D19-1613, the Florida First DCA ruled as a matter of first impression that a “final judgment” ...

Florida Third DCA affirms summary judgment for defendant insurance company in PIP lawsuit, finding that the plaintiff’s pre-suit demand letter was statutorily deficient March 12, 2021

On February 24, 2021, in Rivera v. State Farm Mutual Automobile Insurance Company, No. 3D21-27, the Florida Third DCA affirmed a county court’s final judgment for the defendant insurance company in a PIP case...

Florida Third DCA reverses defense verdict in wrongful death case, finds that even assuming police detective’s testimony constituted expert testimony, trial court committed reversible error in allowing him to testify as to hearsay statement from another officer February 15, 2021

On January 27, 2021, in Dayes, etc., v. Werner Enterprises, Inc. et al., No. 3D19-1920, the Florida Third DCA reversed a defense judgment in a wrongful death case due to the trial court’s erroneous...

Florida First DCA affirms summary judgment for defendant based on plaintiff's failure to specifically plead defendant's vicarious liability in complaint February 15, 2021

On January 29, 2021, in Wilson v. Jacks, No, 1D20-461, the Florida First DCA affirmed a summary judgment order for the defendant in a negligence case involving a fire...

Florida Supreme Court rules in first-party breach of insurance contract case that plaintiff could not recover lost rental income that allegedly resulted from insurer’s refusal to timely pay hurricane damage repairs February 15, 2021

On January 21, 2021, in Citizens Property Insurance Corporation v. Manor House, LLC, et al., No. SC19-1394, the Florida Supreme Court ruled that extra-contractual consequential damages...

Eleventh Circuit rules that Emergency Medical Treatment and Active Labor Act is not a federal malpractice statute creating tort or malpractice remedies February 15, 2021

On January 22, 2021, in Smith v. Crisp Regional Hospital, Inc. et al, No. 19-12225, the Eleventh Circuit Court of Appeals affirmed a district court ruling that the Emergency Medical Treatment...

Eleventh Circuit Court of Appeals affirms $20.7 punitive damages award against Philip Morris, USA, Inc., in Engle-progeny tobacco case February 15, 2021

On January 19, 2021, in Cote v. Philip Morris USA, Inc., No. 19-14074, the Eleventh Circuit Court of Appeals ruled that a $20.7 million punitive damages award in an Engle-progeny tobacco case...

Eleventh Circuit affirms summary judgment for defendant in retaliatory relief lawsuit filed by defendant’s former employees under False Claims Act, finding that lawsuit could not be maintained since defendant had not actually filed any false claims with the government February 15, 2021

On January 19, 2021, in Hickman, et al. v. Spirit of Athens, Alabama, Inc., No. 19-10945, the Eleventh Circuit Court of Appeals affirmed the district court’s summary judgment...

Florida Third DCA rules that litigation privilege does not apply to condo assessment collection activity knowingly undertaken without legal authority February 15, 2021

On January 20, 2021, in Moise v. Ola Condominium Association, Inc. et al., No. 3D20-143, the Florida Third DCA addressed the issue whether Florida’s common law litigation privilege...

Florida Third DCA rules that trial court erred in ordering disclosure of work-product materials from insurance company’s claims file in first-party property insurance lawsuit February 15, 2021

On January 13, 2021, in Avatar Property & Casualty Insurance Company v. Mitchell, No. 3D20-1515, the Florida Third DCA granted certiorari relief in a first-party property insurance lawsuit...

Florida Second DCA reverses summary judgment for defendant general contractor in premises liability case, finding that defendant failed to conclusively establish that it should not have anticipated the harm to the plaintiff notwithstanding the plaintiff’s knowledge of the danger February 15, 2021

On January 15, 2021, in Pratus v. Marzucco’s Construction & Coatings, Inc., No. 2D19-2807, the Florida Second DCA reversed a summary judgment for the defendant in a premises liability case...

Florida First DCA reverses summary judgment for defendant school in premises liability case involving seven-year old student injured while running in indoor gym February 15, 2021

On January 11, 2021, in Collias v. Gateway Academy of Walton County, Inc., No. 1D19-262, the Florida First DCA reversed a summary judgment order that had been entered for the defendant...

Florida First DCA reverses summary judgment for defendant in premises liability case involving plaintiff allegedly injured by border fence February 15, 2021

On January 14, 2021, in Jubran v. South Lake Distribution Center, LLC, No. 1D20-238, the Florida First DCA issued a per curiam reversal of a summary judgment order that had been entered...

Florida Fourth DCA rules that release signed by student athlete releasing school board from liability for future sports injuries was enforceable even though athlete was a minor February 15, 2021

On January 6, 2021, in Elalouf v. School Board of Broward County, No. 4D19-3272, the Florida Fourth DCA ruled that a high school athlete was barred from suing the school board of Broward County...

Florida Third DCA rules that security company had no duty to protect hospital visitors because its contractual obligation was limited to the protection of hospital employees February 15, 2021

On January 6, 2021, in Glickman v. Kindred Hospitals East, LLC, et al., No. 3D19-1597, the Florida Third DCA affirmed a summary judgment entered by the trial court for the defendant security company...

Florida Second DCA rules that "clear and convincing evidence" standard does not apply to motion to add punitive damages claim February 15, 2021

On January 6, 2021, in Deaterly v. Jacobson, No. 2D20-636, the Florida Second DCA denied the certiorari petition of a defendant in a civil lawsuit who objected to a trial court order...

Florida Second DCA rules that trial court’s discovery order requiring defendant in motor vehicle negligence case to turn over ten years of medical records was overbroad February 15, 2021

On January 8, 2021, in Tanner, et al. v. Hart, No. 2D20-1470, the Florida Second DCA granted the certiorari petition of a defendant in a motor vehicle negligence case...

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