42 Fla. L. Weekly D1450cTop of Form Workers’ compensation — Temporary partial disability — Evidence — Expert medical advisor’s opinion — Judge of compensation claims erred in rejecting EMA’s opinion that claimant is at maximum medical improvement and that accident was not major contributing cause of claimant’s neck condition without articulating findings of clear and Read More »
Archives for June 2017
Workers’ compensation — Judge of compensation claims — Disqualification — JCC erred in denying motion to disqualify on basis that motion was legally insufficient — Motion to disqualify which alleged that claimant fears that he will not receive a fair hearing because JCC found claimant’s attorney to be not credible in another case was legally sufficient — Petition for writ of prohibition granted
42 Fla. L. Weekly D1449bTop of Form Workers’ compensation — Judge of compensation claims — Disqualification — JCC erred in denying motion to disqualify on basis that motion was legally insufficient — Motion to disqualify which alleged that claimant fears that he will not receive a fair hearing because JCC found claimant’s attorney to be Read More »
Wrongful death — Automobile accident — Vicarious liability — Temporary control of car by non-owner, who was driving vehicle at time of accident while owner was present in passenger’s seat, fell within parameters of a loan for purposes of statute limiting strict vicarious liability of owner who “loans” a motor vehicle to a permissive user — Statute makes no distinction as to whether use of vehicle occurs with or without the presence of the owner — Trial court erred in denying motion to limit owner’s total liability under the judgment
42 Fla. L. Weekly D1407aTop of Form Wrongful death — Automobile accident — Vicarious liability — Temporary control of car by non-owner, who was driving vehicle at time of accident while owner was present in passenger’s seat, fell within parameters of a loan for purposes of statute limiting strict vicarious liability of owner who “loans” Read More »
Torts — Automobile accident — Evidence — Hearsay — Trial court abused discretion by excluding from evidence statements made by plaintiff to emergency medical technician at accident scene and contained in EMS report — Evidence was admissible as an admission — Error in excluding evidence was not harmless — Defendant entitled to new trial on liability
42 Fla. L. Weekly D1426aTop of Form Torts — Automobile accident — Evidence — Hearsay — Trial court abused discretion by excluding from evidence statements made by plaintiff to emergency medical technician at accident scene and contained in EMS report — Evidence was admissible as an admission — Error in excluding evidence was not harmless Read More »
Trial court departed from essential requirements of law when it granted plaintiff’s motion for post-trial juror interviews based on alleged failure of two jurors to disclose litigation history in their responses to jury questionnaire where plaintiff failed to establish relevance and materiality, concealment, and due diligence, the three elements necessary to warrant post-trial interviews
42 Fla. L. Weekly D1403aTop of Form Civil procedure — Torts — Medical malpractice — Trial court departed from essential requirements of law when it granted plaintiff’s motion for post-trial juror interviews based on alleged failure of two jurors to disclose litigation history in their responses to jury questionnaire where plaintiff failed to establish relevance Read More »
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