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 »
Archives for June 2018
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 »
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 »
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 »
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 »
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