41 Fla. L. Weekly D1143aTop of Form Attorney’s fees — Proposal for settlement — In denying award of attorney’s fees to defendant pursuant to proposal for settlement, trial court erred in finding that defendant’s amendment to add affirmative defenses during pendency of the proposal mooted the proposal — Proposal was not rendered impermissibly ambiguous by Read More »
Articles
Torts — Contractors — Injuries on jobsite sustained by worker who fell while painting ceiling above a second story catwalk — Because there was evidence that harm could have occurred even in the absence of defendant’s conduct, proof of causation could not be based on mere speculation, conjecture, or inferences drawn from other non-exclusive inferences
41 Fla. L. Weekly D1126aTop of Form Torts — Contractors — Injuries on jobsite sustained by worker who fell while painting ceiling above a second story catwalk — Action against general contractor for construction project alleging defendant breached its duty to maintain a safe work environment by failing to install minimum mandatory guardrails on catwalk Read More »
Insurance — Automobile liability — Attorney’s fees and costs — Policy provision stating that insurer would cover “other expenses incurred at our request” included costs associated with choosing to litigate a case instead of settling it — Conflict certified
41 Fla. L. Weekly D1114bTop of Form Insurance — Automobile liability — Attorney’s fees and costs — Trial court properly awarded attorney’s fees and costs against insurer jointly and severally with insured pursuant to plaintiff’s proposal for settlement — Policy provision stating that insurer would cover “other expenses incurred at our request” included costs associated Read More »
Torts — Premises liability — Trip and fall over steel re-bar protruding from ground in landscaped area of shopping mall parking lot
41 Fla. L. Weekly D1089aTop of Form Torts — Premises liability — Trip and fall over steel re-bar protruding from ground in landscaped area of shopping mall parking lot — Error to enter summary judgment for defendant land owner and defendant long term lessee of property where landscaped area allegedly had been in continuous and Read More »
Torts — Collision at intersection between motorized skate board being ridden by plaintiff and a truck being driven by driver who claimed that he could not see skateboard because of foliage at intersection
41 Fla. L. Weekly D1087aTop of Form Torts — Collision at intersection between motorized skate board being ridden by plaintiff and a truck being driven by driver who claimed that he could not see skateboard because of foliage at intersection — Error to enter summary judgment for defendant city which had planted foliage in bulb-out Read More »