39 Fla. L. Weekly D2515a Torts — Premises liability — Trip and fall — New trial — Trial court did not abuse discretion by granting new trial after jury verdict for defendant upon finding that defendant had destroyed evidence, that defendant had violated court orders, that defendant had made willful discovery violation, and that two Read More »
Archives for December 2014
Workers’ Compensation — Application of Daubert standard to physician’s apportionment testimony
39 Fla. L. Weekly D2484a Workers’ compensation — Permanent total disability — Apportionment of benefits — Aggravation of pre-existing condition — Evidence — Opinion — Judge of compensation claims erred in relying on apportionment testimony of physician where testimony was not the product of reliable principles and methods ANTHONY GIAIMO, Appellant, v. FLORIDA AUTOSPORT, INC. Read More »
Homeowners’ Insurance — Burden of Proof in sinkhole claim — Improper exclusion of impeachment evidence
39 Fla. L. Weekly D2471a Insurance — Homeowners — Sinkhole claim — Claim for breach of contract against insurer that refused to pay claim after its expert engineer determined that there was no sinkhole activity and no structural damage to property — Trial court erred in allocating the burden of proof by finding that insured Read More »
Supreme Court Amends Standard Jury Instruction on Jurors’ Use of Electronic Devices
39 Fla. L. Weekly S723a Standard jury instructions in civil, criminal, contract and business cases — Amendment — Jurors’ use of electronic devices IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL, CRIMINAL, AND CONTRACT & BUSINESS CASES — JURORS’ USE OF ELECTRONIC DEVICES. Supreme Court of Florida. Case No. SC14-623. December 4, 2014. Original Proceeding — Read More »
Scope of expert discovery — Personal injury litigant entitled to depose non-party representative of orthopedic center concerning cases in which doctor involved as expert or treating physician
39 Fla. L. Weekly D2473b Torts — Civil procedure — Discovery — Deposition duces tecum of non-party expert witness — No abuse of discretion in trial court’s denial of orthopedic center’s motion for protective order where trial court correctly held that plaintiff in personal injury case was entitled to depose the person from the orthopedic Read More »