40 Fla. L. Weekly D1481a Torts — Workers’ compensation immunity — Constitutionality of statute — Trial court erred in entering summary judgment finding that exclusiveness of liability provision of Florida Workers’ Compensation Law is facially unconstitutional — Declaratory judgment count seeking to have statute declared unconstitutional became moot when original defendant in tort case dismissed Read More »

40 Fla. L. Weekly D1422a Torts — Medical malpractice — Discovery — Trial court did not depart from essential requirements of law in entering order authorizing defendants and their counsel to engage in ex parte communications with plaintiff’s treating physician, who is a non-party to litigation DEBRA DAMSKY AND GERALD DAMSKY, Petitioners, vs. UNIVERSITY OF Read More »

40 Fla. L. Weekly D1458b Workers’ compensation — Temporary total disability — Psychiatric injury — Judge of compensation claims erred in awarding temporary total disability for period more than six months after claimant’s maximum medical improvement for physical injuries SCHOOL BOARD OF LEE COUNTY AND JOHNS EASTERN COMPANY, INC., Appellants, v. LEILA HUBEN, Appellee. 1st Read More »

40 Fla. L. Weekly D1459a Torts — Automobile accident — Discovery — Redacted paragraphs in medical opinion report prepared by defendant’s expert witness — Portion of report summarizing expert’s opinions regarding causation between accident and surgery undergone by plaintiff is related to accident, is not privileged, and is discoverable — Portion of report summarizing expert’s Read More »

40 Fla. L. Weekly D1426b Civil procedure — Discovery — Deposition of opposing counsel — Trial court improperly entered order compelling deposition of outside attorney who, although not counsel of record, was directly involved in instant litigation, where respondents failed to satisfy case law requirements for taking deposition of opposing counsel ELLER-I.T.O. STEVEDORING COMPANY, L.L.C., Read More »