Abbey Adams Logo

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

Archives for January 2021

by

Torts — Negligence — High school athletics — Contracts — Release from liability — Action filed against school board alleging school board should have covered or moved a cement barrier upon which plaintiff student athlete injured himself after opponent hit plaintiff into barrier during soccer match — No error in entering summary judgment in favor of school board based on determination that an executed pre-game consent and release from liability certificate barred plaintiff’s claim — Plaintiff’s claims that release was ambiguous and unenforceable and that, for public policy reasons, it should be treated no differently than a pre-injury release for commercial establishments were not preserved for appeal — Even if plaintiff had preserved claims, the subject release was unambiguous and enforceable where it stated that the school board was released from liability for any injury or claim resulting from athletic participation — Fact that language releasing the school board from any injury or claim resulting from athletic participation was a smaller font size than portion of release addressing inherent dangers does not somehow change its meaning or render the release unclear or ambiguous

46 Fla. L. Weekly D114a ETHAN ELALOUF, Appellant, v. SCHOOL BOARD OF BROWARD COUNTY, a political subdivision of the State of Florida, Appellee. 4th District. Case No. 4D19-3272. January 6, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE17-022265 (13). Counsel: Donna Greenspan Read More »

by

Torts — Premises liability — Trip and fall — Minors — Open and obvious danger — Action arising from injuries seven-year-old student suffered as a result of running into a glass table in private school’s auditorium after being required to run through a makeshift course during gym class — Error to enter final summary judgment in favor of defendant on basis that the table was an open and obvious risk of which plaintiff was aware — Given disputed facts about where table was placed, whether it had been on the running course before, and reasonableness of a seven-year-old’s potential distraction under the circumstances, it cannot be said that the table was “open and obvious” as a matter of law — Even if table was considered an open and obvious danger to someone of plaintiff’s age under the circumstances, it is a separate and independent issue of negligence whether defendant created a hazardous condition by using the auditorium for running, placing the glass top table in the pathway of the children’s running course, failing to properly supervise the children’s indoor running class, and generally failing to maintain a safe premises under the circumstances — While open and obvious danger doctrine can absolve a property owner on a failure to warn theory, it does not absolve a property owner’s duty to protect invitees from reasonably foreseeable risks, even if invitees are aware of the dangerous conditions, particularly ones they cannot avoid — Telling seven-year-olds to look forward and avoid distractions when running with classmates on a makeshift running course fails to account for the higher duty of care and is insufficient to avoid all liability under these circumstances, which is true even if the seven-year-old was aware of the pedestal table

46 Fla. L. Weekly D140c SOPHIA COLLIAS, a minor, by and through her parents and legal guardians, JOHN COLLIAS and HELEN COLLIAS, both individually and as parents of Sophia Collias, Appellants, v. GATEWAY ACADEMY OF WALTON COUNTY, INC., Appellee. 1st District. Case No. 1D19-262. January 11, 2021. On appeal from the Circuit Court for Walton Read More »

by

Torts — Automobile accident — Discovery — Medical records — Appeals — Certiorari — Trial court departed from essential requirements of the law by ordering production of defendant’s medical records without inspecting the records in camera to prevent disclosure of information that is not relevant to the litigation — While some subset of records may be relevant to defendant’s mental capacity at the time of the accident and her current capacity to be deposed, requiring “any and all” records from three years prior through present casts too wide a net

46 Fla. L. Weekly D138a SALLY TANNER and TROPICAL MUSIC SERVICES, INC., Petitioners, v. DANIELLE HART, Respondent. 2nd District. Case No. 2D20-1470. Opinion filed January 8, 2021. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Martha J. Cook, Judge. Counsel: Kansas R. Gooden of Boyd & Jenerette, P.A., Miami, and Kevin Read More »

by

Insurance — Homeowners — Appraisal — Disinterested appraiser — Contingency-paid appraiser — Insured may not select president of public adjusting firm retained by insured as a disinterested appraiser — Public adjuster that has a contingency interest in an insured’s appraisal award or represents an insured in an appraisal process is not a “disinterested appraiser” under policy’s appraisal provision — Conflict certified

46 Fla. L. Weekly D85a STATE FARM FLORIDA INSURANCE COMPANY, Appellant, v. JON PARRISH, Appellee. 2nd District. Case No. 2D19-130. January 6, 2021. Appeal from Collier County; Frederick Hart, Judge. Counsel: Kara Rockenbach Link and Daniel M. Schwarz of Link & Rockenbach, P.A., West Palm Beach; and Robert A. Kingsford and Lynn S. Alfano of Read More »

by

Insurance — Homeowners — Discovery — Work product privilege — Trial court departed from essential requirements of law in ordering disclosure of materials prepared and photographs taken by insurer’s adjuster

46 Fla. L. Weekly D168a AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Petitioner, v. GLADYS MITCHELL, Respondent. 3rd District. Case No. 3D20-1515. L.T. Case No. 18-34230. January 13, 2021. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Alan S. Fine, Judge. Counsel: Butler, Weihmuller, Katz, Craig, LLP, and Curt L. Allen, Brian A. Read More »