41 Fla. L. Weekly D634aTop of Form Attorney’s fees — Bad faith conduct by attorney — Trial court erred in awarding attorney’s fees and costs incurred in preparation for and attendance at trial by opposing counsel to be paid by attorney whose actions caused mistrial in case — Attorney’s dishonest statements to court did not Read More »
Articles
Torts — Automobile accident — Undertaker’s doctrine – Defendant did not undertake voluntary duty to prevent patron from driving while intoxicated by ceasing to serve alcohol to patron at some point and allegedly serving patron water in attempt to “sober her up”
41 Fla. L. Weekly D603dop of Form Torts — Automobile accident — Undertaker’s doctrine — Action against owner and operator of restaurant at which drunk driver whose vehicle hit plaintiffs’ vehicle had been drinking — No error in dismissing suit based on finding that section 768.125 insulated businesses from liability for damages caused by intoxicated Read More »
Judge of compensation claims did not apply correct analysis when it found that employer/carrier had successfully rebutted presumption of occupational causation of fire safety officer’s tachycardia
41 Fla. L. Weekly D589cTop of Form Workers’ compensation — Compensable accidents — Heart disease — Presumption of compensability — Firefighters — Judge of compensation claims did not apply correct analysis when it found that employer/carrier had successfully rebutted presumption of occupational causation of fire safety officer’s tachycardia — Evidence that claimant’s arterioventricular node reentrant Read More »
Where expert medical advisor was appointed to resolve conflicting medical opinions as to whether rotator cuff repair surgery was medically necessary and, if so, whether major contributing cause of need for surgery was compensable accident, presumption of correctness applied only to EMA’s opinion on those issues
41 Fla. L. Weekly D584a Top of Form Workers’ compensation — Evidence — Expert medical advisor’s opinion — Presumption of correctness — Scope of presumption — Where expert medical advisor was appointed to resolve conflicting medical opinions as to whether rotator cuff repair surgery was medically necessary and, if so, whether major contributing cause of Read More »
Where trial court granted additur or new trial, and additur was refused, the only issue before appellate court was propriety of order granting new trial, not propriety of the additur itself
41 Fla. L. Weekly D591aTop of Form Torts — Automobile accident — Damages — Verdict against manifest weight of evidence — New trial — Appeals — Where trial court granted additur or new trial, and additur was refused, the only issue before appellate court was propriety of order granting new trial, not propriety of the Read More »