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

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Archives for April 2014

April 25, 2014 by admin

Federal court concludes that cliff on property adjacent to defendant’s club, but not owned by club, was within the scope of defendant’s duty to maintain property in reasonably safe condition

24 Fla. L. Weekly Fed. C1247a Wrongful death — Premises liability — Action arising out of incident in which owner of home on private golf club property located on an island in the Bahamas apparently fell to his death from rocky cliff adjacent to club property, but not owned by club — District court erred Read More »

Filed Under: Articles

April 25, 2014 by admin

Federal court enters summary judgment in favor of insurance carrier in bad faith action

24 Fla. L. Weekly Fed. D314a Insurance — Automobile — Bad faith — Refusal to settle — Summary judgment in favor of insurer is appropriate because, based upon record evidence and totality of circumstances, no reasonable jury could find insurer acted in bad faith by allegedly failing to settle the claim within plaintiff’s policy limits Read More »

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April 25, 2014 by admin

Workers’ Compensation: Psychiatric limitation appropriate consideration in determining entitlement to PTD

39 Fla. L. Weekly D793a Workers’ compensation — Permanent total disability — Judge of compensation claims did not err in considering claimant’s psychiatric limitations in assessing claimant’s entitlement to PTD benefits SARASOTA COUNTY SCHOOL BOARD/OPTACOMP, Appellants, v. KATHRYN ROBERSON, Appellee. 1st District. Case No. 1D13-4087. Opinion filed April 16, 2014. An appeal from an order Read More »

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April 25, 2014 by admin

Premises liability: issues of fact as to parties’ knowledge of condition, whether condition was open and obvious, etc., precluded summary judgment

39 Fla. L. Weekly D814b Torts — Premises liability — Failure to maintain premises in reasonably safe condition and to warn of dangerous condition — Action by invitee who was injured when she fell through floor of attic in defendant’s home and landed on garage floor below — Error to enter summary judgment in favor Read More »

Filed Under: Articles

April 25, 2014 by admin

Accident report privilege precludes officer from testifying that defendant stated he was the driver of subject vehicle

39 Fla. L. Weekly D794a Criminal law — Felony driving under influence — Evidence — Statements of defendant — Accident report privilege — Officer’s testimony that defendant stated he was driver of crashed vehicle was inadmissible in light of accident report privilege — Error in allowing testimony not harmless, although state introduced other evidence from Read More »

Filed Under: Articles

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