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

Archives for October 2016

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Contracts — Liens — Appeals — Breach of contract action by subcontractor against contractor – Subcontractor is entitled to certiorari review of ruling in favor of contractor on claim to recover under lien because subcontractor might be subject to irreparable harm if it were required to wait until end of litigation to appeal issue

41 Fla. L. Weekly D2269aTop of Form Contracts — Liens — Appeals — Breach of contract action by subcontractor against contractor alleging, in first count, that contractor failed to pay subcontractor for additional work performed by subcontractor due to unexpected conditions, and against contractor and surety on lien transfer bond, in second count, for recovery Read More »

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Illinois – Seventh Circuit Court of Appeals – Negligence – Dist. Ct. erred in granting defendant’s motion for summary judgment in action alleging that defendant was negligent in performing certain repairs/upgrades on plaintiff’s truck that caused said truck to catch fire.

Negligence Blasius v. Angel Automotive, Inc., No. 15-2994 (October 12, 2016) N.D. Ind., S. Bend Div. Reversed and remanded Dist. Ct. erred in granting defendant’s motion for summary judgment in action alleging that defendant was negligent in performing certain repairs/upgrades on plaintiff’s truck that caused said truck to catch fire. While Dist. Ct. found that Read More »

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Illinois – Seventh Circuit Court of Appeals – Spoliation – In action alleging that plaintiff was injured when defective piece of scaffolding struck him on his head, Dist. Ct. did not err in granting defendant-manufacturer’s motion for summary judgment

Spoliation Schaeffer v. Universal Scaffolding & Equipment, LLC, No. 15-2393 (October 7, 2016) S.D. Ill. Affirmed and reversed in part and remanded In action alleging that plaintiff was injured when defective piece of scaffolding struck him on his head, Dist. Ct. did not err in granting defendant-manufacturer’s motion for summary judgment, where: (1) plaintiff failed Read More »

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Workers’ compensation — Compensable accidents — Trip and fall — Going and coming rule — Judge of Compensation Claims properly found trip and fall in a parking lot adjacent to employer’s leased place of business did not arise out of or in the course and scope of employment

41 Fla. L. Weekly D2301aTop of Form Workers’ compensation — Compensable accidents — Trip and fall — Going and coming rule — Judge of Compensation Claims properly found trip and fall in a parking lot adjacent to employer’s leased place of business did not arise out of or in the course and scope of employment Read More »

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Workers’ compensation — Evidence — Medical — Judge of compensation claims did not err in excluding depositions of non-authorized physicians who opined that claimant’s symptoms were caused by work-related incident where the physicians were not authorized treating physicians, independent medical examiners, or expert medical advisors

41 Fla. L. Weekly D2293aTop of Form Workers’ compensation — Evidence — Medical — Judge of compensation claims did not err in excluding depositions of non-authorized physicians who opined that claimant’s symptoms were caused by work-related incident where the physicians were not authorized treating physicians, independent medical examiners, or expert medical advisors — Opinions of Read More »