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

Archives for October 2020

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Torts — Automobile accident — New trial — Juror misconduct — Appeal from denial of motion for new trial based on post-trial discovery of litigation histories of two jurors in jury trial on issue of amount of damages incurred by plaintiffs when bus owned by defendant struck the vehicle occupied by plaintiffs — District court abused its discretion in failing to hold evidentiary hearing on alleged juror misconduct before ruling on motion for new trial — Where defendant, as moving party, presented the district court with “clear, strong, substantial, and incontrovertible evidence that a specific, nonspeculative impropriety” occurred, namely, court documents that facially showed that two jurors gave dishonest and misleading responses on their juror questionnaires and on voir dire, district court was required to hold evidentiary hearing to investigate jurors’ responses prior to ruling on the motion for a new trial in order to adequately investigate the alleged juror misconduct — Remanded with instructions to conduct evidentiary hearing to determine whether jurors made dishonest statements during voir dire where a truthful response “would have provided a valid basis for a challenge for cause”

28 Fla. L. Weekly Fed. C2016a JUAN TORRES and ALEJANDRO TORRES, Plaintiffs-Appellees, v. FIRST TRANSIT, INC., Defendant-Appellant. 11th Circuit. Case No. 18-15186. October 20, 2020. Appeal from the U.S. District Court for the Southern District of Florida (No. 9:17-cv-81162-BB). (Before NEWSOM and TJOFLAT, Circuit Judges, and PROCTOR*, District Judge.) (TJOFLAT, Circuit Judge.)I. On September 30, Read More »

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Civil procedure — Jurors — Voir dire — Challenge — Cause — Torts — Product liability — Tobacco — Trial court committed reversible error by granting defendant’s motion to exclude eight prospective jurors based solely on their written responses to particular question on jury questionnaire without first allowing counsel to question those jurors as permitted under rule 1.431(b) where it was not “conclusively clear” from their written answers that the excused prospective jurors could not be impartial — New trial required — Evidence — Admission of individual photograph depicting decedent not smoking was not probative of how much decedent did or did not smoke — Testimony that decedent could go into hotels owned by her family and “sign for things without paying” was also not relevant to any material fact

45 Fla. L. Weekly D2436a SHAN FROGEL, as personal representative of the Estate of Bette J. Cash, Appellant, v. PHILIP MORRIS USA, INC., Appellee. 4th District. Case No. 4D19-2781. October 28, 2020. Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cymonie S. Rowe, Judge; L.T. Case No. 50-2007-CA-023246-XXXX-MB. Read More »

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Insurance — Homeowners — Coverage — Appraisal — Waiver — Trial court erred in compelling appraisal of residential home under policy where there were disputes over coverage and policy specifically precluded appraisal for coverage issues — Moreover, any right of appraisal was waived where suit was filed and litigated for a year prior to appraisal request

45 Fla. L. Weekly D2442a CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. EMPIRE MITIGATION RESTORATION AND CONSULTING, LLC a/a/o Steve Wexler and Paula Wexler, Appellee. 1st District. Case No. 1D19-4009. October 28, 2020. On appeal from the Circuit Court for Clay County. Steven B. Whittington, Judge. Counsel: Steven G. Schwartz and Karrie D. Cook Read More »

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Workers’ compensation — Medical benefits — Compensable accident — Major contributing cause — Break in causation — Judge of compensation claims erred in denying claims for medical care for claimant’s lumbar spine based on conclusion that claimant did not satisfy his burden of showing that workplace accident was MCC of the need for the requested treatment — Claimant was not required to establish MCC because the employer/servicing agent entered into a broad stipulation with claimant that did not define the accepted compensable injury any more narrowly than the lumbar spine — As a result of stipulation, the burden shifted to the e/sa to demonstrate a break in causation, and e/sa failed to provide evidence of any intervening or competing cause — JCC need not make findings on medical necessity on remand where evidence of medical necessity was unrefuted

45 Fla. L. Weekly D2440a JULIO SANCHEZ, Appellant, v. YRC, INC. and SEDGWICK, Appellees. 1st District. Case No. 1D19-4231. October 28, 2020. On appeal from an order of the Judge of Compensation Claims. Walter J. Havers, Judge. Date of Accident: April 21, 2004. Counsel: Amie E. DeGuzman of the Law Office of John J. Rahaim Read More »

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Workers’ compensation — Jurisdiction — Appeals — Judge of compensation claims correctly found that he lacked jurisdiction over petition for benefits because the claimed benefits were the same attendant care benefits that JCC awarded in a prior final order currently on appeal and cross-appeal

45 Fla. L. Weekly D2396a SALATIEL VELAZQUEZ HERNANDEZ, Petitioner, v. J. STERLING QUALITY ROOFING, INC., d/b/a STERLING ROOFING/SUMMIT, Respondent. 1st District. Case No. 1D20-1208. October 21, 2020. Petition for Writ of Certiorari — Original Jurisdiction. Date of Accident: July 20, 2017. Counsel: James Richard Parris of Parris & Papa, P.A., Jacksonville, and Wendy S. Loquasto Read More »