41 Fla. L. Weekly D1536aTop of Form Torts — Premises liability — Civil procedure — Amendment of complaint — Trial court abused its discretion in denying motion for leave to amend complaint to allege new version of events on ground that amendment would be futile — Even though complaint alleged version of events that differed Read More »
Articles
Torts — Punitive damages — Trial court departed from essential requirements of law by allowing plaintiffs to plead punitive damages claim without first determining whether plaintiffs’ proffer established reasonable basis for recovery pursuant to section 768.72(3)
41 Fla. L. Weekly D1531aTop of Form Torts — Punitive damages — Trial court departed from essential requirements of law by allowing plaintiffs to plead punitive damages claim without first determining whether plaintiffs’ proffer established reasonable basis for recovery pursuant to section 768.72(3), which established a heightened standard for imposing punitive damages on an employer Read More »
Workers’ compensation — Compensable accidents — Going and coming rule — Exceptions — Judge of compensation claims did not err in concluding that neither premises exception nor special hazards exception to going and coming rule applied to accident in which claimant fell as she stepped onto metal plate that was below ground level, located in parking garage where claimant parked using a parking pass provided by employer
41 Fla. L. Weekly D1495jop of Form Workers’ compensation — Compensable accidents — Going and coming rule — Exceptions — Judge of compensation claims did not err in concluding that neither premises exception nor special hazards exception to going and coming rule applied to accident in which claimant fell as she stepped onto metal plate Read More »
Attorney’s fees — Proposal for settlement — Identical proposals for settlement made to owner of vehicle involved in automobile accident and driver of vehicle were ambiguous and invalid — Proposal was ambiguous because it is unclear whether acceptance and payment of proposal by one of defendants would resolve case against both defendants or only against the individual defendant accepting the proposal
41 Fla. L. Weekly D1487a Top of Form Attorney’s fees — Proposal for settlement — Identical proposals for settlement made to owner of vehicle involved in automobile accident and driver of vehicle were ambiguous and invalid where paragraphs of each proposal made clear that payment of $20,000 by defendant named in the proposal would settle Read More »
Torts — Automobile accident — Settlement agreement — Because presuit settlement involved minors and totaled $50,000 or more, trial court was required to appoint a guardian ad litem to represent children’s interest
41 Fla. L. Weekly D1469aTop of Form Torts — Automobile accident — Settlement agreement — Because presuit settlement involved minors and totaled $50,000 or more, trial court was required to appoint a guardian ad litem to represent children’s interest before approving settlement that disposed of children’s claims — Settlement was invalid as to claims of Read More »