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

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Torts — Automobile accident — Vicarious liability — Respondeat superior — Employer-employee relationship — Bailment — Negligent hiring — Action rising out of injuries sustained by minor child in accident in which driver was at fault — Trial court properly found that driver was not acting within course and scope of his employment when accident occurred and that contractor who had subcontracted temporary labor work with company for whom driver worked as day laborer could not be held vicariously liable for any negligence attributed to the driver — Record clearly demonstrated that contractor was never the owner, rentor, lessor, or bailor of vehicle being driven at time of accident — Trial court properly ruled that fact that driver was driving on a suspended license was not material because contractor had no notice of fact nor should it have — Court rejects invitation to recognize common law duty of an employer to run background check on employees who will be operating a vehicle

49 Fla. L. Weekly D1139b TARA WOOD, et al., Appellants, v. ROYAL PLUS, INC., etc., et al., Appellees. 3rd District. Case No. 3D22-2013. L.T. Case No. 18-16-K. May 29, 2024. An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge. Counsel: Hoffman, Larin, & Agnetti, P.A., David L. Perkins, and John B. Read More »

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Insurance — Insured’s action against insurer — Damages — Error to deny insured’s motion for directed verdict where there was no record evidence to give jury reasonable basis for determining damages without speculation

49 Fla. L. Weekly D1136c UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. GERARDO MOYA, Appellee. 3rd District. Case No. 3D23-0540. L.T. Case No. 18-7712. May 29, 2024. An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Counsel: Bernstein, Chackman, Liss, and Steven J. Chackman (Hollywood); Russo Appellate Firm, P.A., and Read More »

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Insurance — Homeowners — Windstorm loss — Coverage — Summary judgment — Action stemming from insurer’s denial of claim for roof damage and resulting leaks in insured’s home — Trial court erred in granting summary judgment in favor of insured where parties’ competing affidavits created genuine issue of material fact — Trial court impermissibly weighed evidence in ruling on insured’s motion when it determined that parties’ affidavits resulted in a “tie” based on the fact that neither affiant had personally inspected insured’s roof

49 Fla. L. Weekly D1131a MICHEL LASSITER, Appellant, v. CITIZENS PROPERTY INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D2022-2609. May 29, 2024. Appeal from the County Court for Pinellas County; Lorraine M. Kelly, Judge. Counsel: Hans Peter B. Haahr of Haahr Law Group, PL, St. Petersburg, for Appellant. Kathryn L. Ender and Ross Berlin of Read More »

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Costs — Party recovering judgment — Insurance — Insurer, as party recovering judgment, was entitled to recover taxable costs under plain language of section 57.041

49 Fla. L. Weekly D1084a PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. CHIROPRACTIC CLINICS OF SOUTH FLORIDA, PL, a/a/o Edward Hall, Appellee. 3rd District. Case No. 3D22-857. L.T. Case No. 16-178 SP. May 22, 2024. An Appeal from the County Court for Miami-Dade County, Patricia Marino Pedraza, Judge. Counsel: Banker Lopez Gassler P.A., and DeeAnn J. Read More »

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Torts — Premises liability — Supermarkets — Slip and fall — Transitory substance — Knowledge of dangerous condition — Summary judgment

49 Fla. L. Weekly D1110b SANDRA LEFTWICH, Appellant, v. WAL-MART STORES EAST, LP and THOMAS SCHOENDORF, Appellees. 5th District. Case No. 5D2022-2821. L.T. Case No. 2020-CA-0370. May 24, 2024. On appeal from the Circuit Court for Hernando County. Donald E. Scaglione, Judge. Counsel: Brian J. Lee, of Morgan & Morgan, Jacksonville, for Appellant. Andrew S. Read More »

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