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

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Archives for February 2020

February 7, 2020 by Jennifer Kennedy

Torts — Negligence — Duty — Action arising out of accident in which plaintiff was struck by a truck carrying a loaded trailer which was not equipped with brakes — Trial court erred in entering summary judgment in favor of defendant based on finding that defendant owed no duty to plaintiff where trial court’s findings primarily focused on whether there were applicable statutes or regulations or common law interpretations of those statutes and regulations related to braking systems on trailers — Trial court’s fleeting reference to lack of an affidavit or deposition testimony relating to the dangerous nature of the trailer does not convince appellate court that trial court considered the general facts of the case in determining existence of defendant’s duty — By improperly restricting analysis on the issue of duty and failing to analyze the general facts of the case, trial court erred as a matter of law

45 Fla. L. Weekly D275a Torts — Negligence — Duty — Action arising out of accident in which plaintiff was struck by a truck carrying a loaded trailer which was not equipped with brakes — Trial court erred in entering summary judgment in favor of defendant based on finding that defendant owed no duty to Read More »

Filed Under: Uncategorized

February 7, 2020 by Jennifer Kennedy

Attorney’s fees — Justiciable issues — Safe harbor notice — Service — E-mail — Trial court erred in granting motion to strike defendant’s section 57.105 motion because defendant’s safe harbor notice did not comply with Florida Rule of Judicial Administration 2.516’s e-mail service requirements — Based on supreme court’s holding in Wheaton v. Wheaton, the court recedes from its decisions in Matte v. Caplan and Estimable v. Prophete — Rule 2.516’s e-mail service requirements do not apply to service of a section 57.105 safe harbor notice

45 Fla. L. Weekly D265a Attorney’s fees — Justiciable issues — Safe harbor notice — Service — E-mail — Trial court erred in granting motion to strike defendant’s section 57.105 motion because defendant’s safe harbor notice did not comply with Florida Rule of Judicial Administration 2.516’s e-mail service requirements — Based on supreme court’s holding Read More »

Filed Under: Uncategorized

February 7, 2020 by Jennifer Kennedy

Insurance — Homeowners — Appraisal — Trial court properly ordered parties to submit to appraisal where insurer elected to repair covered loss and parties failed to agree on amount of loss, including scope of repairs — Appeals — Non-final orders — Court lacks jurisdiction to review portions of non-final order other than that ordering parties to submit to appraisal

45 Fla. L. Weekly D259a Insurance — Homeowners — Appraisal — Trial court properly ordered parties to submit to appraisal where insurer elected to repair covered loss and parties failed to agree on amount of loss, including scope of repairs — Appeals — Non-final orders — Court lacks jurisdiction to review portions of non-final order Read More »

Filed Under: Uncategorized

February 7, 2020 by Jennifer Kennedy

Torts — Negligence — Directed verdict — New trial — Plaintiff who allegedly suffers from post-traumatic stress disorder as a result of sexual abuse perpetrated by a jail inmate while plaintiff was participating in jail tour conducted by defendant — Trial court erred in entering directed verdict on liability in favor of plaintiff after jury returned verdict in favor of defendant — While evidence established that defendant conducted jail tour in negligent manner and there was no evidence that would support finding that plaintiff was comparatively negligent, jury could have properly concluded that defendant’s negligence was not the legal cause of loss, injury, or damage — Error to grant plaintiff’s motion for new trial on grounds that defense counsel willfully violated orders in limine during closing argument — Because plaintiff failed to move for a mistrial, defense counsel’s misconduct was subject to fundamental error analysis standard set forth in Murphy v. International Robotic Systems, Inc. — Murphy test cannot be met in this case where, although defense counsel’s arguments were clearly improper, court cannot conclude that they were incurable or that they so damaged the fairness of the trial that the public’s interests in system of justice requires a new trial

45 Fla. L. Weekly D231a Torts — Negligence — Directed verdict — New trial — Plaintiff who allegedly suffers from post-traumatic stress disorder as a result of sexual abuse perpetrated by a jail inmate while plaintiff was participating in jail tour conducted by defendant — Trial court erred in entering directed verdict on liability in Read More »

Filed Under: Uncategorized

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