44 Fla. L. Weekly D43a Torts — Automobile accident — Negligence — Proximate cause — Claim that homeowner’s association, which allowed street parking in contravention of rules, was the proximate cause of a rear-end collision which occurred while plaintiffs were stopped waiting for another vehicle to pass through parked cars on the street — While Read More »
Archives for December 2018
Insurance — Attorney’s fees — Circuit court acting in its appellate capacity correctly denied motion for attorney’s fees where plaintiff did not prevail on appeal and is therefore not entitled to fees under section 627.428 as a matter of law
44 Fla. L. Weekly D15a Insurance — Attorney’s fees — Circuit court acting in its appellate capacity correctly denied motion for attorney’s fees where plaintiff did not prevail on appeal and is therefore not entitled to fees under section 627.428 as a matter of law CERTIFIED WINDSHIELD, LLC, a/a/o French Lanham, Petitioner, v. GEICO GENERAL Read More »
Torts — Damages — Post-judgment interest — Accrual — Post-judgment interest on compensatory damages began to accrue on date of original final judgment, which was affirmed on appeal, where appellate court only reversed trial court’s order granting a new trial on the issues of wantonness and punitive damages, and trial court’s subsequent amended final judgment simply affirmed appellate mandate and reinstated jury’s original finding as it related to punitive damages
44 Fla. L. Weekly D10a Torts — Damages — Post-judgment interest — Accrual — Post-judgment interest on compensatory damages began to accrue on date of original final judgment, which was affirmed on appeal, where appellate court only reversed trial court’s order granting a new trial on the issues of wantonness and punitive damages, and trial Read More »
Torts — Automobile accident — Damages — Permanent injury — New trial — Plaintiff questioned as to why plaintiff’s boyfriend testified that plaintiff did not complain to him about her injuries if plaintiff was still injured — Trial court abused its discretion in granting a new trial based on a single hearsay question where error was not preserved, and trial court failed to make findings required by Murphy test and failed to address each requirement at the hearing on the motion or in its written order — Requirements of Murphy test cannot be met where, although question was improper, there was ample evidence to support jury finding that plaintiff did not sustain permanent injury, plaintiff cannot establish that the harm caused by the question was incurable, and record demonstrates that counsel’s conduct in asking a single, isolated cross-examination question did not amount to an error that seriously affects the basic fairness, integrity, or public reputation of the judicial process
43 Fla. L. Weekly D2792a Torts — Automobile accident — Damages — Permanent injury — New trial — Plaintiff questioned as to why plaintiff’s boyfriend testified that plaintiff did not complain to him about her injuries if plaintiff was still injured — Trial court abused its discretion in granting a new trial based on a Read More »
Employer-employee relations — Whistleblowers — Retaliation — Trial court erred in granting summary judgment in favor of plaintiff’s former employer based on “manager rule” where genuine issue of material fact existed as to whether plaintiff stepped outside his role as manager and engaged in protected oppositional conduct, whether plaintiff had good faith, objectively reasonable belief that former employer engaged in unlawful activity, and whether plaintiff’s objections were “but for” cause of non-renewal of employment agreement
43 Fla. L. Weekly D2751a Employer-employee relations — Whistleblowers — Retaliation — Trial court erred in granting summary judgment in favor of plaintiff’s former employer based on “manager rule” where genuine issue of material fact existed as to whether plaintiff stepped outside his role as manager and engaged in protected oppositional conduct, whether plaintiff had Read More »
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