43 Fla. L. Weekly D2087a Workers’ compensation — Temporary disability benefits — Error to award temporary disability benefits where finding that claimant’s refusal to accept suitable employment offered by employer was justifiable was not supported by record EMPLOYBRIDGE and GALLAGHER BASSETT SERVICES, INC., Appellants, v. VIVIANA LLANES RODRIGUEZ, Appellee. 1st District. Case No. 1D17-4424. September Read More »
Archives for September 2018
Torts — Premises liability — Slip and fall — Discovery — Surveillance video — Defendant must produce requested videos capturing alleged slip-and-fall incident on defendant’s premises — Work product — Surveillance videos recorded as part of practice of routinely recording certain areas of defendant’s facilities are not work product protected from disclosure –Delaying production of videos until after plaintiff’s deposition is not appropriate where there appears to be little, if any, prejudice to defendant if plaintiff is permitted to view the video to refresh her recollection prior to her deposition and, moreover, primary evidentiary value of videos predominates over impeachment value
27 Fla. L. Weekly Fed. D99a Torts — Premises liability — Slip and fall — Discovery — Surveillance video — Defendant must produce requested videos capturing alleged slip-and-fall incident on defendant’s premises — Work product — Surveillance videos recorded as part of practice of routinely recording certain areas of defendant’s facilities are not work product Read More »
Insurance — Homeowners — Assignment — Clause in insurance contract requiring signatures of all insureds and mortgagees for an assignment of benefits was enforceable — Conflict certified
43 Fla. L. Weekly D2056a Insurance — Homeowners — Assignment — Clause in insurance contract requiring signatures of all insureds and mortgagees for an assignment of benefits was enforceable — Conflict certified RESTORATION 1 OF PORT ST. LUCIE, a/a/o JOHN and LIZA SQUITIERI, Appellant, v. ARK ROYAL INSURANCE COMPANY, Appellee. 4th District. Case No. 4D17-1113. Read More »
Torts — Premises liability — Negligence — Action against landscape company alleging company negligently maintained, landscaped, and inspected a planter square outside a movie theater, brought by plaintiff who tripped and injured himself after losing his footing while taking a shortcut across a planter square — Planter square, which was completely surrounded by sidewalk, was not a dangerous condition as a matter of law
43 Fla. L. Weekly D2027a Torts — Premises liability — Negligence — Action against landscape company alleging company negligently maintained, landscaped, and inspected a planter square outside a movie theater, brought by plaintiff who tripped and injured himself after losing his footing while taking a shortcut across a planter square — Planter square, which was Read More »
Torts — Punitive damages — In granting plaintiff leave to amend complaint to include claim for punitive damages, trial court departed from essential requirements of law by blending standard negligence and statutory requirements applicable to nursing homes in evaluating claim, rather than a gross negligence standard, where defendant is a non-profit corporation operating a facility providing services to persons with development disabilities, which is not subject to statutes governing nursing homes
43 Fla. L. Weekly D2022a Torts — Punitive damages — In granting plaintiff leave to amend complaint to include claim for punitive damages, trial court departed from essential requirements of law by blending standard negligence and statutory requirements applicable to nursing homes in evaluating claim, rather than a gross negligence standard, where defendant is a Read More »