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

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Archives for May 2014

May 30, 2014 by admin

Partner David Abbey made his 50th consecutive appearance at the Indy 500

Race day began at a bleary 4:30 a.m. David Abbey piled into his uncle’s 1964 Buick Riviera with his father, two uncles and brother to make the 150-mile trip to the state capital for the 1965 Indianapolis 500. He had received a ticket from his father for his eighth-grade graduation, an event which, in the Read More »

Filed Under: News

May 30, 2014 by admin

Trial Court Order — patient’s assignment of benefits gave medical provider standing to proceed against carrier

21 Fla. L. Weekly Supp. 572a Online Reference: FLWSUPP 2106COOP Insurance — Personal injury protection — Standing — Assignment — Valid assignment and equitable assignment provide medical provider with standing — Payment of policy proceeds after suit was filed is functional equivalent of confession of judgment EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP as assignee of Read More »

Filed Under: Articles

May 30, 2014 by admin

Statutory cap on damages available against vicariously-liable vehicle owner not applicable to vehicle consigner

39 Fla. L. Weekly D1055a Wrongful death — Automobile accident — Dangerous instrumentality doctrine — Damages — Where defendant had consigned his vehicle to party who was driving vehicle at time of accident, it was error to limit defendant’s liability for noneconomic damages to $100,000 pursuant to statute which limits award of noneconomic damages against Read More »

Filed Under: Articles

May 30, 2014 by admin

OJ / PFS made by one defendant, but requiring execution of a release naming three defendants, was not ambiguous

39 Fla. L. Weekly D1075a Attorney’s fees — Proposal for settlement — Error to deny award of attorney’s fees to defendant on ground that proposals for settlement were ambiguous and unenforceable — Proposals were not rendered ambiguous by fact that body of proposals stated that one defendant would be released if releases were signed, whereas Read More »

Filed Under: Articles

May 22, 2014 by admin

Workers’ Compensation — Death of employee intentionally struck by assailant was compensable

39 Fla. L. Weekly D1021a Workers’ compensation — Compensable accidents — Murder — Death of store manager following injuries sustained when, as he was gathering shopping carts in employer’s parking lot at night, he was struck by car driven by a criminal assailant who had planned the attack in reaction to decedent’s allegedly sexually harassing Read More »

Filed Under: Articles

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