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

Archives for August 2024

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Torts — Damages — Noneconomic — Additur — Trial court abused its discretion by denying plaintiff’s motion for additur after jury awarded him no damages for past pain and suffering despite fact that plaintiff had suffered second-degree burns and blisters on his foot which were caused by defendant’s negligent overheating of the water in plaintiff’s hotel room — Where the record shows that evidence of pain is undisputed or substantially undisputed, a trial court abuses its discretion by denying additur when there is a zero award for pain and suffering — Remand for reconsideration of plaintiff’s motion if same judge is available — If same judge is not available, a new trial limited to plaintiff’s past pain and suffering is required

49 Fla. L. Weekly D1632b ROBERT MCGARY, Appellant, v. PACIFICA DAYTONA, LLC f/d/b/a Perry’s Ocean Edge Resort, Appellee. 5th District. Case No. 5D2022-0765. L.T. Case No. 2018-31851-CICI. August 2, 2024. On appeal from the Circuit Court for Volusia County. Dennis Craig, Judge. Counsel: Rob T. Cook and Jonathan J. Luca, of Jonathan J. Luca, P.A., Read More »

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Insurance — Property — Replacement cost — Measure of damages — Trial court erroneously allowed jury to consider evidence of estimated cost to repair items damaged by covered loss where insureds sold property before making the repairs — Policy clearly and unambiguously provided that insureds were not entitled to their repair costs unless and until “work is performed and expenses are incurred” — Conflict certified — On remand, trial court to confine proof at new trial on damages to only those damages for which recovery is permitted under policy’s clear and unambiguous terms

49 Fla. L. Weekly D1575a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. IRMA QURESHI and GEORGE GUERRERO, Appellees. 4th District. Case No. 4D2023-1338. July 24, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David A. Haimes, Judge; L.T. Case No. CACE21007238. Counsel: Kara Rockenbach Link and David A. Noel Read More »

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