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 »

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 »

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 »

41 Fla. L. Weekly D1070aTop of Form Torts — Automobile accident — Punitive damages in an amount which equaled 100% of defendant’s net worth was so excessive as to be unconstitutional — On remand, trial court may remit punitive damages award to reasonable proportion of defendant’s net worth or order new trial on punitive damages Read More »

41 Fla. L. Weekly D1062aTop of Form Torts — Automobile accident — Evidence — Expert scientific evidence — Causation of injury — Trial court abused discretion in refusing to allow expert biomechanical engineer, who was also an expert medical doctor, to render an opinion as to the specific causation of plaintiff’s injury based on biomechanical Read More »