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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for December 2013

December 20, 2013 by admin

Order limiting expert testimony not subject to immediate review

38 Fla. L. Weekly D2568c Appeals — Certiorari — Interlocutory order of trial court striking an expert witness is not amenable to certiorari review because it is the sort of trial error that usually does not cause irreparable harm, and can be remedied on appeal STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. BILLIE JEAN Read More »

Filed Under: Uncategorized

December 13, 2013 by admin

Liability waivers – Language must be clear and specific in order for waiver to be enforced

38 Fla. L. Weekly D2573a Torts — Releases — Action against owner of Go-Kart track, alleging that defendant’s employee negligently increased Go-Kart speed during a race, causing plaintiff to sustain injuries when she lost control and crashed into railing — Error to enter summary judgment for defendant on basis of waiver and release form signed Read More »

Filed Under: Uncategorized

December 6, 2013 by admin

Trial court order: OJ / PFS specifying amount offered as to each count was not ambiguous based on failure to state total amount

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Language of rule 1.442(d) and section 768.79(3) providing that proposal for settlement shall not be filed “unless necessary to enforce” provisions of rule and statute does not mandate that party must file proposal for settlement prior to time it seeks to enforce Read More »

Filed Under: Uncategorized

December 6, 2013 by admin

Workers’ Compensation: major contributing cause analysis where evidence indicates both pre-existing and accident-related injuries, etc.

38 Fla. L. Weekly D2525a Workers’ compensation — Medical benefits — Emergency services and care — Major contributing cause — Evidence — Medical opinion — Authorized treating physician — Emergency provider — Where it was established that there were two contributing causes of claimant’s lower back injury that required medical treatment, including compensable accident and Read More »

Filed Under: Uncategorized

December 6, 2013 by admin

Uninsured Motorist: evidence that a treating physician would reduce bills in proportion to Plaintiff’s recovery was admissible and was not improper collateral source evidence

38 Fla. L. Weekly D2477a Insurance — Uninsured motorist — Evidence — Where insured was injured while a passenger on a public bus that was involved in an accident with another vehicle, it was not an abuse of discretion to admit time lapse videos taken by surveillance cameras located within the bus — Trial court Read More »

Filed Under: Uncategorized

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