50 Fla. L. Weekly D497a MARKIL BERNARD KENDRIX, Appellant, v. KRISTEN KULP, as Personal Representative of the Estate of Adam James Kulp, deceased, Appellee. 1st District. Case No. 1D2023-2039. VA LOGISTICS, LLC, Appellant, v. KRISTEN KULP, as Personal Representative of the Estate of Adam James Kulp, deceased, Appellee. Case No. 1D2023-2087. RYAN TRANSPORTATION SERVICES, INC., Read More »
Articles
Torts — Premises liability — Trip and fall — Open and obvious danger — Failure to maintain premises in reasonably safe condition — Pedestrian injured when she tripped and fell on raised and unmarked slab designed to anchor a vehicle gate-arm in a parking garage — Trial court erred in entering final summary judgment in favor of defendant — Opinion of plaintiff’s expert that condition of slab violated industry standards and created unreasonably dangerous condition for pedestrians was sufficient to establish question of fact precluding summary judgment — If court is unable to conclude as matter of law that open and obvious doctrine precludes recovery, factual questions of dangerousness and foreseeability of condition remain for finder of fact
50 Fla. L. Weekly D511a GWEN ORTEGA, Appellant, v. JW MARRIOTT INVESTMENT, LLC, et al., Appellees. 3rd District. Case No. 3D23-1916. L.T. Case No. 22-11819. February 26, 2025. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Eaton & Wolk, PL, and Douglas F. Eaton and Daniel R. Schwartz, Read More »
Wrongful death — Product liability — Automobiles — Defects — Driving assistance features — Punitive damages — Complaint — Amendment — Trial court erred in granting estate’s motion for leave to amend complaint to add a punitive damages claim in lawsuit brought by estate of driver for strict liability and negligence in connection with vehicle’s Enhanced Autopilot features — Estate did not meet required level of negligence for punitive damages where it failed to demonstrate that car manufacturer engaged in gross negligence so egregious that it was equivalent to level of “culpable negligence” for criminal manslaughter — Record does not support finding that car manufacturer knew, or reasonably should have known, that its SAE Level 2 driving assistance features were likely to cause death or great bodily injury, and manufacturer cannot be liable for failing to provide technology it did not advertise and that did not exist
50 Fla. L. Weekly D529a TESLA, INC. a/k/a TESLA FLORIDA, INC., Appellant, v. KIM BANNER, as Personal Representative of the ESTATE OF JEREMY BANNER, Appellee. 4th District. Case No. 4D2023-3034. February 26, 2025. Appeal of a nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Reid P. Scott, II, Judge; Read More »
Insurance — Attorney’s fees — Amount — Hourly rate — Trial court erred by awarding a $150 hourly rate increase over the amount plaintiff had contractually agreed to in his retainer agreement with counsel — Nothing in record supports hourly rate increase other than expert’s opinion that expertise of plaintiff’s counsel warranted a higher amount, and trial court failed to provide any rationale for increase added into lodestar calculations — Additionally, trial court failed to make any specific findings required by Rowe to support its determination of lodestar amount — Contingency fee multiplier — No competent substantial evidence supports trial court’s award of a 1.8 contingency fee multiplier — While expert testified that multiplier was useful in securing experienced counsel, there was no suggestion that multiplier was necessary — Expert’s broad assertion did not provide evidence necessary to establish whether relevant market required a multiplier for type of case at issue — Moreover, trial court failed to make any findings regarding novelty and difficulty of the questions involved or whether plaintiff could find any other competent attorney in relevant market to handle case
50 Fla. L. Weekly D443a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. ABEL MEDERO, Appellee. 3rd District. Case No. 3D24-0338. L.T. Case No. 20-13094. February 19, 2025. An Appeal from the Circuit Court for Miami-Dade County, Tanya Brinkley, Judge. Counsel: Link & Rockenbach, P.A., and Kara Rockenbach Link, and David A. Noel (West Palm Read More »
Wrongful death — Damages — Loss of consortium — Surviving spouse — A spouse who married decedent after the onset of the injury that caused decedent’s death is a “surviving spouse” under section 768.21(2)
50 Fla. L. Weekly D440a ON REMAND FROM THE SUPREME COURT OF FLORIDA[Prior Report at 47 Fla. L. Weekly D750a](PER CURIAM.) In Ripple v. CBS Corp., 337 So. 3d 45 (Fla. 4th DCA 2022) (“Ripple I”), we affirmed the trial court’s granting the defendants’ motion for judgment on the pleadings on Jennifer Ripple’s claim for damages Read More »