45 Fla. L. Weekly D1844a Appeals — Standing — Appellant who is not named party to litigation below and has made no effort to intervene in action or cooperate with complying with trial court’s order directed to plaintiff has no standing to appeal non-final order granting motion to dismiss complaint without prejudice for failure to Read More »
Archives for August 2020
Torts — Costs — Prevailing party — Trial court erred in summarily denying request for costs pursuant to section 57.041(1) where requesting parties had recovered judgment in their favor — Remand for trial court to hold evidentiary hearing on reasonableness of costs sought
45 Fla. L. Weekly D1825a Torts — Costs — Prevailing party — Trial court erred in summarily denying request for costs pursuant to section 57.041(1) where requesting parties had recovered judgment in their favor — Remand for trial court to hold evidentiary hearing on reasonableness of costs sought KIM RENEE ROBERTS, Appellant, v. THIRD PALM, Read More »
Insurance — Uninsured motorist — Coverage — Permanent injury — Directed verdict — Plaintiff seeking coverage from UM insurer for knee injury allegedly caused by automobile accident — Trial court erred in directing verdict on issue of causation and permanency for plaintiff’s knee injury claim — Insurer’s failure to call an expert witness to rebut plaintiff’s expert testimony was not fatal to insurer’s right to have disputed issue decided by a jury — Jury could have found in insurer’s favor where medical records cast doubt on treating physician’s conclusion that injury was caused by the accident; there was a substantial amount of evidence about plaintiff’s prior knee injuries and conflicting testimony about the condition of her knee prior to the accident; and jury could have reasonably questioned treating physician’s credibility, even if only because he was providing services under a letter of protection
45 Fla. L. Weekly D1855d Insurance — Uninsured motorist — Coverage — Permanent injury — Directed verdict — Plaintiff seeking coverage from UM insurer for knee injury allegedly caused by automobile accident — Trial court erred in directing verdict on issue of causation and permanency for plaintiff’s knee injury claim — Insurer’s failure to call Read More »
Wrongful death — Duty of care — Decedent, a guest at resort, who was transported by resort employee in a golf cart to the edge of highway and was killed while walking across highway to a grocery store after exiting golf cart — Trial court properly entered summary judgment for defendant resort on basis that defendant did not create a foreseeable zone of risk by dropping off decedent on side of highway, and owed decedent no duty of care with respect to potential danger of crossing highway — Once decedent disembarked from golf cart, defendant owed no further duty of care to him — Trial court did not abuse discretion by striking expert’s affidavit in opposition to motion for summary judgment where affidavit contained expert’s own legal opinion regarding duty of care owed to decedent
45 Fla. L. Weekly D1809b Wrongful death — Duty of care — Decedent, a guest at resort, who was transported by resort employee in a golf cart to the edge of highway and was killed while walking across highway to a grocery store after exiting golf cart — Trial court properly entered summary judgment for Read More »