50 Fla. L. Weekly D1252c Torts — Negligent training, hiring, and supervision — Timing of training — Sovereign immunity — Discretionary/operational functions — Action alleging that sheriff had failed “to educate and train school resource deputy in properly enforcing Baker Act provisions” — Trial court erred by denying sheriff’s motion for summary judgment on sovereign Read More »
Articles
Attorney’s fees — Appellate — Proposal for settlement — Validity of proposal — Insurance — Personal injury protection — Dispute between medical provider and insurer — Trial court erred in denying insurer’s motion for attorney’s fees and costs based on proposal for settlement after finding that proposal was ambiguous or was “designed to extinguish claims that are not part of the instant action” — Proposal for settlement was sufficiently clear and definite to have apprised provider that the proposal sought to resolve or extinguish only the provider’s claims against the insurer set forth in the provider’s complaint, and language reserving any rights or defenses insurer might have in the future relating to the claim at issue did not purport to resolve claims not raised in complaint — Remanded with instructions to grant insurer’s motion for appellate attorney’s fees and for further proceedings
50 Fla. L. Weekly D1203a INFINITY AUTO INSURANCE COMPANY, Appellant, v. MIAMI OPEN MRI, LLC, a/a/o Rolando Amador, Appellee. 3rd District. Case No. 3D24-0945. L.T. Case No. 17-10295-SP-26. June 4, 2025. An Appeal from the County Court for Miami-Dade County, Patricia Marino Pedraza, Judge. Counsel: Gladys Perez Villanueva, for appellant. Douglas H. Stein, P.A., and Read More »
Insurance — Homeowners — Coverage — Evidence — Trial court erred by admitting bad faith and claims handling evidence at trial in breach of contract action — Court rejects argument that evidence of insurer’s allegedly inadequate claims handling was relevant to refute the insurer’s affirmative defense asserting that insured had failed to comply with post-loss obligations related to document production — Insured could have relied on the insurer’s failure to ask for additional documents, thereby refuting the insurer’s affirmative defense without focusing on claims handling or implying the insurer unreasonably delayed in its handling of the claim or did a bad job adjusting the claim — Because evidence concerning the insurer’s slow investigation or failure to respond played a crucial role in the case, jury could have decided the insured prevailed solely because the insurer did not “do a good job” regardless of whether the incident fell within a policy exclusion — When factual allegations underlying insured’s claim are based upon insurer’s failure to fairly and promptly perform its obligations under contract, that contractual claim can only be asserted, if at all, together with the extra-contractual bad faith claim under section 624.155
50 Fla. L. Weekly D1208a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. WEST NAZE, Appellee. 4th District. Case No. 4D2024-0098. June 4, 2025. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin J. Bidwill, Judge; L.T. Case No. CACE21-10008. Counsel: Kara Rockenbach Link and David A. Noel of Link & Read More »
Torts — Automobile accident — Damages — Evidence — Intoxication — Appeals — Mandate — Noncompliance — Trial court failed to comply with appellate court mandate requiring trial court to exclude evidence of defendant’s intoxication from compensatory phase of a bifurcated trial by unbifurcating trial on remand and allowing evidence of defendant’s intoxication in the unbifurcated proceeding — Successor judge’s sanctions order striking defendant’s pleadings and defenses for fraud on court did not render the prior judge’s orders bifurcating the trial void — Furthermore, sanctions order did not permit the trial court to violate its obligation to comply with appellate court’s mandate or give trial court authority to deviate from mandate — On remand, trial court shall conduct a bifurcated trial without reference to intoxication in compensatory phase — Although default was properly entered against defendant as a sanction, defendant must still be permitted to challenge evidence against him concerning the amount of unliquidated damages, which include the causal relationship between liability and the claimed unliquidated damages
50 Fla. L. Weekly D1193b CORY MCKINNEY, Appellant, v. MICAH GRAHAM, Appellee. 6th District. Case No. 6D2023-2745. L.T. Case No. 2013-CA-012202-O. May 30, 2025. Appeal from the Circuit Court for Orange County. Emerson R. Thompson, Jr., Judge. Counsel: Peter D. Webster, of Carlton Fields, Tallahassee, and Paul L. Nettleton, Jeffrey A. Cohen, and Katarina Dobsinska, Read More »
Torts — Vicarious liability — Negligent hiring, training, and supervision — Directed verdict — Action brought against hotel employee and his corporate employer stemming from injuries plaintiff suffered during a physical altercation with employee — Trial court erred by denying employer’s motion for directed verdict on claims that employer was vicariously liable and negligent in its hiring and supervision of employee — Employer could not be vicariously liable for plaintiff’s injuries where jury specifically found that employee was not negligent — Evidence was insufficient to show that employer had negligently trained or supervised employee’s managers where plaintiff presented no evidence that any actions taken by either manager were done outside the course and scope of their respective employment — While an action can be brought directly against an employee’s supervisor for his or her negligent supervision or negligent training of the subordinate employee even when the subordinate employee’s actions were within the scope of employment, this principal is inapposite in instance case because plaintiff never sued managers in their individual capacity
50 Fla. L. Weekly D1189a MICHAEL GABOR, Appellant/Cross-Appellee, v. REMINGTON LODGING AND HOSPITALITY, LLC, d/b/a/ One Ocean Resort and Spa, and ROBERT J. HENDERSON, Appellees/Cross-Appellants. 5th District. Case No. 5D2023-3183. L.T. Case No. 2016-CA-006690. May 30, 2025. On appeal from the Circuit Court for Duval County. G. L. Feltel, Jr., Judge. Counsel: John S. Mills Read More »