26 Fla. L. Weekly Fed. D22aTop of Form Insurance — Bad faith — Failure to settle — Discovery — A party cannot block discovery of evidence and then introduce the evidence at trial — Plaintiffs will not be allowed to introduce at trial evidence for which they blocked discovery — Motion to exclude evidence granted Read More »
Articles
Insurance — Uninsured motorist — Bad faith — Claim for first party bad faith is not ripe for adjudication where no appealable judgment has been entered and insurer has not had an opportunity to appeal underlying verdict — Case to be abated rather than dismissed, pending entry of judgment and appeal taken by insurer
26 Fla. L. Weekly Fed. D20bTop of Form Insurance — Uninsured motorist — Bad faith — Claim for first party bad faith is not ripe for adjudication where no appealable judgment has been entered and insurer has not had an opportunity to appeal underlying verdict — Case to be abated rather than dismissed, pending entry Read More »
Torts — Negligence — Passenger on recreational voyage aboard ship who was struck by falling bunk bed is entitled to partial summary judgment as to liability, where there are no genuine disputes as to any material fact regarding breach of duty of care, causation of injury, or notice of dangerous condition
26 Fla. L. Weekly Fed. D17aTop of Form Torts — Negligence — Passenger on recreational voyage aboard ship who was struck by falling bunk bed is entitled to partial summary judgment as to liability, where there are no genuine disputes as to any material fact regarding breach of duty of care, causation of injury, or Read More »
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
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 »
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 »