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

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Archives for July 2016

July 29, 2016 by admin

Torts — Automobile accident — Comparative negligence — Action against utility company for injuries sustained when plaintiff collided with utility truck which technician had parked on road without any reflective warning markers or other devices in the roadway behind the truck — Trial court did not abuse its discretion in granting defendant’s motion for new trial after jury returned verdict in favor of plaintiffs, finding plaintiff-driver neither partially nor wholly at fault for accident

41 Fla. L. Weekly D1744a Torts — Automobile accident — Comparative negligence — Action against utility company for injuries sustained when plaintiff collided with utility truck which technician had parked on road without any reflective warning markers or other devices in the roadway behind the truck — Trial court did not abuse its discretion in Read More »

Filed Under: Articles

July 29, 2016 by admin

Torts — Automobile accident — Evidence — Expert — Trial court did not abuse its discretion by allowing defendant’s expert accident reconstructionist to testify about physical forces involved in accident– Defense counsel’s attempted impeachment of plaintiff’s credibility by reference to alleged inconsistencies between her trial testimony and pretrial deposition was improper, as was his open disparagement of plaintiff’s counsel after counsel had registered a reasonable objection to the impropriety

41 Fla. L. Weekly D1709a Torts — Automobile accident — Evidence — Expert — Trial court did not abuse its discretion by allowing defendant’s expert accident reconstructionist to testify about physical forces involved in accident, and defense counsel did not act improperly when he implied during closing arguments that jury should take relevant physical forces Read More »

Filed Under: Articles

July 29, 2016 by admin

Workers’ compensation — Notice of injury — Successive accidents — Judge of compensation claims erred in applying 30-day notice requirement for reporting injuries arising out of and in course and scope of employment found in section 440.185(1) to claimant’s subsequent intervening accident for which he sought coverage under section 440.092(5

41 Fla. L. Weekly D1706a Workers’ compensation — Notice of injury — Successive accidents — Judge of compensation claims erred in applying 30-day notice requirement for reporting injuries arising out of and in course and scope of employment found in section 440.185(1) to claimant’s subsequent intervening accident for which he sought coverage under section 440.092(5) Read More »

Filed Under: Articles

July 29, 2016 by admin

Contracts — Jurisdiction — Non-residents — Allegations of complaint that defendant pursued business in Florida through numerous communications, that defendant’s representatives traveled to Florida to procure business, and that defendant provided deliverables to plaintiff in Florida were sufficient to establish jurisdiction over defendant under long-arm statute and to satisfy due process requirements

41 Fla. L. Weekly D1699b Contracts — Jurisdiction — Non-residents — Agreement for non-resident defendant to engineer, construct, and deliver products to plaintiff in Florida — Allegations of complaint that defendant pursued business in Florida through numerous communications, that defendant’s representatives traveled to Florida to procure business, and that defendant provided deliverables to plaintiff in Read More »

Filed Under: Articles

July 29, 2016 by admin

Civil rights — Employment discrimination — Action against city– Jury instructions –No error in finding that plaintiff’s recovery was limited by principles of sovereign immunity — Non-economic damages — Remittitur

41 Fla. L. Weekly D1687a Civil rights — Employment discrimination — Disability — Municipal corporations — Action against city by plaintiff who worked for city until he was informed that he would be required to obtain commercial driver license and was unable to obtain exemption from this requirement or other requested accommodation, although he informed Read More »

Filed Under: Articles

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