27 Fla. L. Weekly Fed. C927a Civil rights — Employment discrimination — Appeal from grant of summary judgment against complaint of employment discrimination on basis of race and national origin and of retaliatory termination — Summary judgment — Seventh Amendment does not bar a district court from granting summary judgment against a claim of employment Read More »
Archives for June 2018
Wrongful death — Maritime law — Death on the High Seas Act does not apply to a death that occurred more than three nautical miles from coast of Florida, but still within Florida’s territorial waters — Trial court erred in dismissing wrongful death action upon determining that action could only be brought under Death on the High Seas Act in federal court where there was factual issue as to whether death occurred in Florida’s territorial waters — Florida state courts have concurrent jurisdiction over Death on the High Seas Act claims
43 Fla. L. Weekly D1303a Wrongful death — Maritime law — Death on the High Seas Act does not apply to a death that occurred more than three nautical miles from coast of Florida, but still within Florida’s territorial waters — Trial court erred in dismissing wrongful death action upon determining that action could only Read More »
Torts — Medical malpractice — Indemnity — Relief from judgment — Where malpractice action was filed against doctor and her employer, employer filed cross-claim for indemnification against doctor, summary judgment was entered for employer on the indemnification claim, and jury subsequently returned verdict for doctor in trial that took place three years after the indemnity judgment, it would be inequitable to enforce indemnity judgment against doctor since she has been exonerated from liability — Trial court properly vacated indemnity summary judgment
43 Fla. L. Weekly D1268a Torts — Medical malpractice — Indemnity — Relief from judgment — Where malpractice action was filed against doctor and her employer, employer filed cross-claim for indemnification against doctor, summary judgment was entered for employer on the indemnification claim, and jury subsequently returned verdict for doctor in trial that took place Read More »
Torts — Automobile accident — Damages — Jury instructions — Trial court erred in instructing jury on aggravation of preexisting condition where both plaintiff’s expert and defendant’s expert testified that any injuries plaintiff may have sustained from accident did not cause aggravation or activation of a preexisting condition — Remand for new trial on causation and damages
43 Fla. L. Weekly D1251a Torts — Automobile accident — Damages — Jury instructions — Trial court erred in instructing jury on aggravation of preexisting condition where both plaintiff’s expert and defendant’s expert testified that any injuries plaintiff may have sustained from accident did not cause aggravation or activation of a preexisting condition — Remand Read More »
Wrongful death — Employer-employee — Trial court properly dismissed action against deceased’s employer alleging defendant employer’s liability for death of employee who was hit by a train when she was walking home from work premises after having been served alcohol by employer — Defendant employer had no legal duty to employee while employee was going from work place — Section 768.125, Florida Statutes (2013), does not provide a cause of action against an employer that serves alcohol to an employee
43 Fla. L. Weekly D1249a Wrongful death — Employer-employee — Trial court properly dismissed action against deceased’s employer alleging defendant employer’s liability for death of employee who was hit by a train when she was walking home from work premises after having been served alcohol by employer — Defendant employer had no legal duty to Read More »