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

Archives for October 2017

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Torts — Collision between defendant’s tractor-trailer and van in which plaintiff was a passenger while van was being towed on highway in Alabama — Punitive damages — Attorney’s fees — Trial court erred in granting plaintiff’s motion for new trial on issues of punitive damages and wantonness, which is required for award of punitive damages under Alabama law, on basis of erroneously admitted testimony of state trooper where trooper’s testimony had no relevance to issue of wantonness — Trial court properly denied plaintiff’s motion for attorney’s fees under Florida’s offer of judgment statute where parties had stipulated that case was to be governed by substantive law of Alabama

42 Fla. L. Weekly D2080aTop of Form Torts — Collision between defendant’s tractor-trailer and van in which plaintiff was a passenger while van was being towed on highway in Alabama — Punitive damages — Attorney’s fees — Trial court erred in granting plaintiff’s motion for new trial on issues of punitive damages and wantonness, which Read More »

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Torts — Counties — Sovereign immunity — Denial — Appeals — Because the trial court did not determine that, as a matter of law, county was not entitled to sovereign immunity or immunity under section 768.28(9), Florida Statutes, the county was not authorized to appeal trial court’s order denying county’s motion for summary judgment based on sovereign immunity

42 Fla. L. Weekly D2063aTop of Form Torts — Counties — Sovereign immunity — Denial — Appeals — Because the trial court did not determine that, as a matter of law, county was not entitled to sovereign immunity or immunity under section 768.28(9), Florida Statutes, the county was not authorized to appeal trial court’s order Read More »

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Attorney’s fees — Insurance — Insured prevailing in declaratory judgment action brought by insurer — In awarding attorney’s fees to insured, trial court erred in applying a contingency risk multiplier where fee agreement between insured and his attorney was not a contingent fee agreement

42 Fla. L. Weekly D2086aTop of Form Attorney’s fees — Insurance — Insured prevailing in declaratory judgment action brought by insurer — In awarding attorney’s fees to insured, trial court erred in applying a contingency risk multiplier where fee agreement between insured and his attorney was not a contingent fee agreement — Agreement which provided Read More »