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

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Archives for December 2017

December 22, 2017 by admin

Torts — Automobile accident — Evidence — Trial court erred by allowing plaintiff to question defendant’s corporate representative about matters not related to damages where liability was admitted and was not an issue in case — It was also improper for plaintiff’s counsel to refer to “guilt” or “innocence” in civil trial on negligence

42 Fla. L. Weekly D2655aTop of Form Torts — Automobile accident — Evidence — Trial court erred by allowing plaintiff to question defendant’s corporate representative about matters not related to damages where liability was admitted and was not an issue in case — It was also improper for plaintiff’s counsel to refer to “guilt” or Read More »

Filed Under: Articles

December 22, 2017 by admin

Torts — Legal malpractice — Discovery — Attorney-client privilege — Malpractice exception — Insurance — Malpractice action by insurance company against its former lawyer — Malpractice exception to attorney-client privilege applies only to communications between client and lawyer being sued — While the insured is the attorney’s client when an attorney is hired by an insurance company to represent an insured in a liability case, the communications between the insurer and the lawyer hired to protect the insured’s interests are protected by attorney-client privilege because the insurer and insured share a common interest in the outcome of the case

42 Fla. L. Weekly D2591aTop of Form Torts — Legal malpractice — Discovery — Attorney-client privilege — Malpractice exception — Insurance — Malpractice action by insurance company against its former lawyer — Malpractice exception to attorney-client privilege applies only to communications between client and lawyer being sued — Malpractice exception does not compel a lawyer’s Read More »

Filed Under: Articles

December 22, 2017 by admin

Insurance — Uninsured motorist — Collector or antique vehicle policy that restricts coverage requires insurer to provide uninsured motorist coverage for accidents not involving the collector vehicle unless insurer has obtained insured’s written consent on an approved form selecting limitations on uninsured motorist coverage — Conflict certified

42 Fla. L. Weekly D2652aTop of Form Insurance — Uninsured motorist — Collector or antique vehicle policy that restricts coverage requires insurer to provide uninsured motorist coverage for accidents not involving the collector vehicle unless insurer has obtained insured’s written consent on an approved form selecting limitations on uninsured motorist coverage — Conflict certified LOUIS Read More »

Filed Under: Articles

December 15, 2017 by admin

Torts — Premises liability — Fall from ladder, allegedly due to defects in defendant’s premises — Trial court erred in denying defendant’s motion for directed verdict where circumstantial evidence presented by plaintiff was insufficient to establish cause of fall or even precisely where fall occurred — Evidence was insufficient to support inference that ladder was placed on defect in premises to exclusion of other equally reasonable inferences

42 Fla. L. Weekly D2645a Torts — Premises liability — Fall from ladder, allegedly due to defects in defendant’s premises — Trial court erred in denying defendant’s motion for directed verdict where circumstantial evidence presented by plaintiff was insufficient to establish cause of fall or even precisely where fall occurred — Evidence was insufficient to Read More »

Filed Under: Articles

December 15, 2017 by admin

Torts — Premises liability — Slip and fall — Trial court properly entered summary judgment for defendant in action alleging that plaintiff slipped and fell on liquid substance in defendant’s store where no evidence was presented that defendant had actual or constructive knowledge of the liquid substance on the floor — There is no requirement that a summary judgment contain a statement of the court’s basis for awarding summary judgment

42 Fla. L. Weekly D2599a Torts — Premises liability — Slip and fall — Trial court properly entered summary judgment for defendant in action alleging that plaintiff slipped and fell on liquid substance in defendant’s store where no evidence was presented that defendant had actual or constructive knowledge of the liquid substance on the floor Read More »

Filed Under: Articles

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