44 Fla. L. Weekly D2470c Torts — Negligence — Comparative negligence — Alcohol impairment defense — Action arising out of injuries suffered by plaintiff as a result of defendants’ vehicle striking plaintiff’s bicycle from behind — Trial court erred in granting plaintiff’s motion for directed verdict on statutory alcohol defense related to plaintiff’s impairment — […]
Archives for October 2019
Appeals — Certiorari — Discovery orders — Privileged information — Torts — Order requiring disclosure of defendant’s confidential medical information quashed, as defendant’s medical condition was not placed at issue, and medical information was irrelevant to question of whether defendant was negligent
44 Fla. L. Weekly D2466a Appeals — Certiorari — Discovery orders — Privileged information — Torts — Order requiring disclosure of defendant’s confidential medical information quashed, as defendant’s medical condition was not placed at issue, and medical information was irrelevant to question of whether defendant was negligent MAUREEN STOYKA, Petitioner, v. MARY GRECZ; MICHAEL GRECZ; […]
Civil procedure — Summary judgment — Insurance — Homeowners — Trial court abused its discretion by entering summary judgment in favor of insurer after denying insured’s motion for continuance to allow insured to depose insurer’s corporate representative where representative was first identified when insurer filed representative’s 45-page summary judgment affidavit about 20 days before hearing on motion for summary judgment and insured responded promptly by requesting representative’s deposition and moving for continuance
44 Fla. L. Weekly D2449b Civil procedure — Summary judgment — Insurance — Homeowners — Trial court abused its discretion by entering summary judgment in favor of insurer after denying insured’s motion for continuance to allow insured to depose insurer’s corporate representative where representative was first identified when insurer filed representative’s 45-page summary judgment affidavit […]
Torts — Premises liability — Slip and fall in restaurant — Limitation of actions — Amended complaint — Relation back — Where plaintiff filed suit against two defendants, but body of complaint included only a single count of negligence against one of the defendants, subsequent amended complaint which added a second count alleging that second defendant had purchased restaurant from first defendant and, by written agreement, assumed all debts, responsibilities, and all other obligations of the first defendant in existence of the time of and prior to the purchase related back to timely-filed original complaint — Second defendant’s participation in lawsuit from its inception belied any claim that it had no notice of original action and was surprised by amended complaint, was not given fair notice of general factual scenario, or had no connection to litigation prior to amendment — Trial court erred in dismissing amended complaint as time-barred
44 Fla. L. Weekly D2443a Torts — Premises liability — Slip and fall in restaurant — Limitation of actions — Amended complaint — Relation back — Where plaintiff filed suit against two defendants, but body of complaint included only a single count of negligence against one of the defendants, subsequent amended complaint which added a […]