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

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Archives for June 2019

June 21, 2019 by Jennifer Kennedy

Wrongful death — Damages — Limitation — Parental immunity — Action by mother of deceased unemancipated minor against father’s estate arising out of crash of plane in which minor was passenger and which was piloted by father — Trial court erred in limiting wrongful death claim to amount of father’s liability insurance coverage — Parental immunity is not bar to wrongful death claim brought by son’s estate against estate of deceased father — Further, where both parent and child are deceased, stated basis for capping damages by amount of any existing liability policy is enfeebled by the absence of need to maintain domestic harmony

44 Fla. L. Weekly D1514a Wrongful death — Damages — Limitation — Parental immunity — Action by mother of deceased unemancipated minor against father’s estate arising out of crash of plane in which minor was passenger and which was piloted by father — Trial court erred in limiting wrongful death claim to amount of father’s Read More »

Filed Under: Uncategorized

June 21, 2019 by Jennifer Kennedy

Torts — Premises liability — Duty to maintain — Action against landlords for injuries suffered by plaintiff as a result of tripping over a cracked pathway that both landlord and plaintiff had been aware of for over ten years — Open and obvious danger — Trial court correctly entered summary judgment in favor of landlords as to duty to warn — Trial court erred in granting summary judgment on the issue of failure to maintain where, although plaintiff continued to use the cracked pathway despite her awareness of its condition, plaintiff’s knowledge of the condition of the pathway merely raised an issue of fact as to her own comparative negligence

44 Fla. L. Weekly D1492a Torts — Premises liability — Duty to maintain — Action against landlords for injuries suffered by plaintiff as a result of tripping over a cracked pathway that both landlord and plaintiff had been aware of for over ten years — Open and obvious danger — Trial court correctly entered summary Read More »

Filed Under: Uncategorized

June 21, 2019 by Jennifer Kennedy

Insurance — Claim for breach of duty to adjust against Citizens Property Insurance Corporation is barred by Citizens’ statutory sovereign immunity

44 Fla. L. Weekly D1513b Insurance — Claim for breach of duty to adjust against Citizens Property Insurance Corporation is barred by Citizens’ statutory sovereign immunity CITIZENS PROPERTY INSURANCE CORPORATION, Appellant, v. MARC SAMPEDRO and YANELYS SAMPEDRO, Appellees. 3rd District. Case No. 3D18-1791. L.T. Case No. 18-6645. June 12, 2019. An Appeal from a non-final Read More »

Filed Under: Uncategorized

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