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 »
Archives for April 2014
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 »
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 »
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 »
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 »