Abbey Adams Logo

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

  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

  • Bloglovin
  • Facebook
  • LinkedIn
  • Phone
  • Home
  • Locations
    • Where We Practice in Florida
    • Where We Practice In Illinois
  • Practices
  • Attorneys
    • David J. Abbey
    • Jeffrey M. Adams
    • Bruce D. Burk
    • Robert P. Byelick
    • Jaime Eagan
    • Jennifer J. Kennedy
    • John D. Kiernan (1947-2016)
    • V. Joseph Mueller
    • Steven A. Ochsner
    • Alexis C. Upton
  • Blog
  • Links
  • Contact Us

Archives for June 2018

June 29, 2018 by Jennifer Kennedy

Torts — Automobile accident — Jurors — Trial court abused its discretion in denying challenge for cause of prospective juror who stated that she could not hold an employer vicariously liable for negligence of an employee, which was plaintiff’s theory of liability in the case — New trial required where denial actually resulted in seating of a biased juror

43 Fla. L. Weekly D1473a Torts — Automobile accident — Jurors — Trial court abused its discretion in denying challenge for cause of prospective juror who stated that she could not hold an employer vicariously liable for negligence of an employee, which was plaintiff’s theory of liability in the case — New trial required where Read More »

Filed Under: Uncategorized

June 29, 2018 by Jennifer Kennedy

Torts — Premises liability — In action alleging that while plaintiff was shopping in defendant’s store a heavy trailer hitch fell from an upper shelf and struck plaintiff, it was error to enter summary judgment for defendant where there were factual issues as to whether defendant had actual or constructive knowledge of a dangerous condition that injured plaintiff and whether defendant created a dangerous condition on its premises through its mode of operation in stacking the hitch that allegedly struck plaintiff

43 Fla. L. Weekly D1452a Torts — Premises liability — In action alleging that while plaintiff was shopping in defendant’s store a heavy trailer hitch fell from an upper shelf and struck plaintiff, it was error to enter summary judgment for defendant where there were factual issues as to whether defendant had actual or constructive Read More »

Filed Under: Uncategorized

June 29, 2018 by Jennifer Kennedy

Torts — Premises liability — Product liability — Asbestos — Action by employee of power company against contractor for power company which provided services at power plant where plaintiff worked, alleging that defendant failed to warn plaintiff of the danger of asbestos dust created by others at the power plant which caused plaintiff’s mesothelioma — Trial court erred in denying defendant’s motion for directed verdict where there was insufficient evidence that defendant exercised the possession and control of premises required to satisfy a premises liability claim — Discovery — Trial court also erred in giving an adverse inference jury instruction, as a sanction for defendant’s failure to search for former employees who might have been able to provide information for corporate representative’s deposition, that jury could infer that such information would have been unfavorable to defendant

43 Fla. L. Weekly D1400a Torts — Premises liability — Product liability — Asbestos — Action by employee of power company against contractor for power company which provided services at power plant where plaintiff worked, alleging that defendant failed to warn plaintiff of the danger of asbestos dust created by others at the power plant Read More »

Filed Under: Uncategorized

June 29, 2018 by Jennifer Kennedy

Workers’ compensation — Denial of benefits — Judge of compensation claims properly denied award of benefits to claimant who failed drug tests after her fall and injury on job where claimant failed to rebut statutory presumption attributing injury primarily to influence of drugs

43 Fla. L. Weekly D1428a Workers’ compensation — Denial of benefits — Judge of compensation claims properly denied award of benefits to claimant who failed drug tests after her fall and injury on job where claimant failed to rebut statutory presumption attributing injury primarily to influence of drugs BONITA BRINSON, Appellant/Cross-Appellee, v. HOSPITAL HOUSEKEEPING SERVICES, Read More »

Filed Under: Uncategorized

June 29, 2018 by Jennifer Kennedy

Workers’ compensation — Petition for writ of prohibition to disqualify Judge of Compensation Claims dismissed as moot where JCC left office and would no longer preside over petitioners’ petitions for benefits — Request that court reverse all of the prior JCC’s interlocutory orders upon which claims of bias were based and require current JCC to revisit those orders is not properly raised in petition for writ of prohibition

43 Fla. L. Weekly D1436a Workers’ compensation — Petition for writ of prohibition to disqualify Judge of Compensation Claims dismissed as moot where JCC left office and would no longer preside over petitioners’ petitions for benefits — Request that court reverse all of the prior JCC’s interlocutory orders upon which claims of bias were based Read More »

Filed Under: Uncategorized

  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Interim pages omitted …
  • Go to page 5
  • Go to Next Page »

Primary Sidebar

Recent Posts

  • Winn-Dixie, website, customers, prescription, place of public accommodation, coupons, refills, privileges, disabled, advantages, accommodations, visually-impaired, auxiliary, public accommodation, inaccessible, barrier, offerings, sighted, majority opinion, intangible, enjoyment, locator, rewards, card, district court, facilities, shopping, software, communicate, in-store – The difficulties caused by the customer’s inability to access much of the store’s website constituted a concrete and particularized injury that was not conjectural or hypothetical, and would continue if the website remained inaccessible; [2]-The statutory language in Title III of the ADA defining “public accommodation” was unambiguous and clear, and public accommodations were limited to actual, physical places, and websites were not a place of public accommodation under the statute; [3]-The store’s website did not constitute an intangible barrier to the customer’s ability to access and enjoy fully the physical grocery store; [4]-Absent congressional action that broadened the definition of “places of public accommodation” to include websites, the appellate court could not extend ADA liability to the facts presented.
  • Civil rights — Employment discrimination — Pharmacist employed by Department of Veterans Affairs brought action against Secretary, alleging that her managers at VA medical center discriminated against her based on her gender and age, retaliated against her because she engaged in protected activity, and subjected her to hostile work environment in violation of Title VII and Age Discrimination in Employment Act — Retaliation — Title VII’s federal-sector retaliation provision requires personnel actions to be made free from any discrimination — Supreme Court’s decision in pharmacist’s case, which held that federal-sector provision of ADEA did not require plaintiff to prove that age was a but-for cause of a challenged personnel action, undermined to the point of abrogation Eleventh Circuit’s prior panel precedent holding that Title VII’s federal-sector retaliation provision requires but-for causation — Standard that Supreme Court articulated for claims under ADEA’s federal-sector provision controls cases arising under Title VII’s nearly identical federal-sector provision — Retaliatory hostile work environment — An actionable federal-sector Title VII retaliatory-hostile-work-environment claim must describe conduct that rises to the level of personnel actions and must be evaluated under “might have dissuaded a reasonable worker” standard rather than the more stringent “severe or pervasive” standard
  • Insurance — Personal injury protection — Reasonable, related, and necessary medical treatment — Civil procedure — Summary judgment — Opposing affidavit — Trial court abused its discretion in granting motion to strike affidavit of independent medical examiner based on plaintiff’s claim that affidavit “baldly repudiated” affiant’s deposition testimony regarding relationship between injuries and accident and medical necessity of chiropractic treatment — Because affiant’s testimony raised genuine issue of material fact, as it clearly conflicted with testimony of treating chiropractor, order granting summary judgment in favor of assignee/medical provider reversed
  • Wrongful death — Automobile accident — Jurors — Peremptory challenge — Race neutral explanation — Genuineness — New trial — Evidence — Trial court did not abuse its discretion in granting a new trial based on its improper denial of plaintiff’s peremptory challenge of juror — Trial court failed to apply proper legal standard in denying plaintiff’s peremptory strike of juror where it failed to recognize the presumption that plaintiff was exercising her peremptory challenge in a nondiscriminatory manner and hold defendants to their burden of proving purposeful discrimination — Fact that juror was sole African American juror left on the panel is, standing alone, insufficient to override a genuine race-neutral challenge — Trial court erred in granting a new trial based on its determination that verdict finding one of the defendants 100% liable for the fatal accident was against the manifest weight of the evidence — Order shows that trial court improperly re-weighed the evidence and acted as a seventh juror in doing so — Trial court erred in permitting jury to hear evidence related to defendant’s driving history where not only was the evidence unduly prejudicial, but the citations bore no similarity to the circumstances at issue and had no relevance to defendant’s alleged negligence at the time of the accident — Trial court erred in granting defendant’s motion notwithstanding verdict which asserted that defendant should not be liable for the total amount of damages to co-defendant’s tractor-trailer — A new-trial order and order for judgment notwithstanding verdict are mutually inconsistent and may not be granted simultaneously unless granted on the express condition that the order granting the judgment notwithstanding verdict only becomes effective if the order granting new trial is reversed on appeal, which did not happen in this case
  • Workers’ compensation — Prosthetic devices — Limitation of actions — Claimant who had screws and rods inserted in her spine as a result of an injury occurring in 1990 — Judge of compensation claims erred in rejecting employer/carrier’s statute of limitations defense to claim for pain management and a replacement mechanical bed — While applicable 1989 version of workers’ compensation law contained an exemption from its statute of limitations to the right for remedial attention relating to the insertion or attachment of a prosthetic device, there is no evidence that either the prosthesis, or the surgery required to insert it, is causing the need for the requested benefits as opposed to the underlying condition that necessitated the prosthesis in the first place — Fact that claimant may have a prosthetic device is not, standing alone, sufficient to prevent statute of limitations from accruing

Blog Archives

Footer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index

Copyright © 2021 · Abbey Adams Byelick & Mueller, LLP · All Rights Reserved · Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982