49 Fla. L. Weekly D458a BENJAMIN D. MARKUSON; ERIK SATERBO; and STEPHEN SATERBO, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation; CRAWFORD LAW GROUP, P.A., a Florida corporation; and LARRY WALKER, Appellees. 2nd District. Case No. 2D21-2443. February 28, 2024. Appeal from the Circuit Court for Hillsborough County; Emily A. Peacock, Judge. Read More »
Archives for March 2024
Insurance — Underinsured motorist — Coverage — Limitation of actions — Tolling of period — Trial court erred by granting summary judgment in favor of insurer based on determination that insured’s claim for underinsured motorist benefits was time-barred because it was filed more than five years after date of collision — Statute of limitations was effectively tolled by policy where policy included an exhaustion provision conditioning insurer’s payment of UM benefits on payment of all bodily injury liability benefits by underinsured motorist’s insurer and a no-action provision conditioning suit against insurer on compliance with all policy terms — Although insured could have filed suit against insurer without waiting for payment from tortfeasor’s liability carrier under accrual rule for UM benefits, she was not required to do so based on language of her policy
49 Fla. L. Weekly D504d ROSEMARY ARWAY, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee. 6th District. Case No. 6D23-399. L.T. Case No. 21-CA-000533. March 1, 2024. Appeal from the Circuit Court for Lee County. Keith R. Kyle, Judge. Counsel: Alexander L. Brockmeyer, Thomas E. Shepard, and Gregory L. Evans, of Boyle, Leonard & Anderson, P.A., Read More »
Torts — Premises liability — Argument — New trial — No error in granting motion for new trial based on statement defense counsel made during closing argument which was false, highly prejudicial and inflammatory, violative of prior court order, and not curable — Referral to Florida Bar
49 Fla. L. Weekly D498a NEIGHBORHOOD RESTAURANT PARTNERS FLORIDA, LLC, Appellant, v. KIRK B. WOLFF, as PERSONAL REPRESENTATIVE of the ESTATE of PETER WOLFF, Appellee. 5th District. Case No. 5D22-1029. L.T. Case No. 05-2020-CA-012922. March 1, 2024. On appeal from the Circuit Court for Brevard County. George Paulk, Judge. Counsel: G. Jeffrey Vernis and Isam Read More »
Torts — Premises liability — Supermarkets — Slip and fall — Transitory substance — Knowledge of dangerous condition — Summary judgment — No error in granting summary judgment in favor of defendant based on determination that there was no genuine dispute of material fact regarding whether defendant had constructive notice of clear liquid on the floor which caused plaintiff to slip and fall — Surveillance video showing multiple customers standing, walking, and pushing carts through exact spot where liquid was found in the nine minutes between when defendant’s employee left the area and the incident, combined with the deposition testimony of that employee, did not support a permissible inference that condition existed for a sufficient length of time to establish that defendant had constructive notice — Although a jury could choose to disbelieve employee’s unequivocal testimony that he would have noticed liquid if it was on the floor, that is not enough to survive summary judgment
49 Fla. L. Weekly D436b SANDRA LEFTWICH, Appellant, v. WAL-MART STORES EAST, LP and THOMAS SCHOENDORF, Appellees. 5th District. Case No. 5D22-2821. L.T. Case No. 2020-CA-0370. February 22, 2024. On appeal from the Circuit Court for Hernando County. Donald Scaglione, Judge. Counsel: Brian J. Lee, of Morgan & Morgan, Jacksonville, for Appellant. Andrew S. Bolin Read More »
Insurance — Homeowners — Coverage — Inconsistent verdict — Action alleging that insurer had breached insurance contract by failing to cover damages to insured’s dock — Trial court erred in entering judgment in favor of insured where, despite entering an amount for the actual cash value of the dock on the verdict form, jury found that insurer had established that the loss was not covered by the policy — Jury’s verdict was not legally inconsistent where question on verdict form asking jury the cost to repair dock at actual cash value presented a limited inquiry directed to a factual matter and did not, on its face, assign liability to insurer for the cost of repair or ask jury to determine amount of damages owed to insured
49 Fla. L. Weekly D433a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. PARIS TSIRNIKAS, Appellee. 2nd District. Case No. 2D22-3539. February 23, 2024. Appeal from the Circuit Court for Pinellas County; Keith Meyer, Judge. Counsel: Andrew A. Labbe of Groelle & Salmon, P.A., Tampa, for Appellant. Charles M. Schropp of Schropp Law Firm, P.A., Read More »