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

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Articles

February 14, 2014 by Tom

Discovery of a plaintiff’s posts to social networking site

39 Fla. L. Weekly D277b Torts — Construction contractor — Failure to use reasonable care in keeping site safe for pedestrians — Action against construction contractor and subcontractors seeking damages for injuries minor suffered when he was struck by oncoming vehicle in front of construction site and damages for loss of parental consortium — Discovery Read More »

Filed Under: Uncategorized

February 14, 2014 by Tom

Florida Courts’ Jurisdiction Over of Non-Florida Entities: New York automobile seller was not subject to jurisdiction of a Florida court upon a personal injury claim against them arising from a Florida auto accident

39 Fla. L. Weekly D289a Torts — Automobile accident — Jurisdiction — Trial court erred in denying New York state automobile dealers’ motions to dismiss for lack of personal jurisdiction regarding complaint that dealers had sold defendant a defective automobile in New York which caused an accident in Florida four years later — Minimum contacts Read More »

Filed Under: Uncategorized

February 6, 2014 by Tom

Workers’ compensation – Temporary Partial Disability Benefits – Denial of medical recommendation for pain management, etc

39 Fla. L. Weekly D259a Workers’ compensation — Temporary partial disability — Error to fail to rule on claim for temporary partial disability beginning on specified date and continuing given uncontested evidence that claimant had not reached maximum medical improvement at time of hearing and that he was medically restricted from performing his work for Read More »

Filed Under: Uncategorized

February 6, 2014 by Tom

Duty to Defend – Liability carrier had an obligation to attempt to set aside a default judgment entered after insured failed to notify carrier of the lawsuit such that a defense could be provided

39 Fla. L. Weekly D266a Insurance — General liability — Insured’s breach of policy condition by failing to notify insurer that suit had been filed against insured, with result that default was entered against insured and plaintiff in underlying suit moved for writ of garnishment against insurer — Although insured breached its obligations under its Read More »

Filed Under: Uncategorized

February 6, 2014 by Tom

Judge erred in ruling on motions two days prior to recusing himself when grounds for recusal were known at the time of such rulings

39 Fla. L. Weekly D256c Judges — Disqualification — Judge erred in ruling on motions two days before he recused himself on his own initiative where grounds for recusal were known to court at time of rulings — Relief not available on appeal, as party is not entitled to have disqualified judge’s orders vacated as Read More »

Filed Under: Uncategorized

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Recent Posts

  • Insurance — Homeowners — Windstorm loss — Notice of loss — Timeliness — Prejudice to insurer — No error in entering summary judgment in favor of insurer based on determination that insured failed to overcome presumption that insurer was prejudiced by his failure to timely report claim for hurricane damage — Insured failed to act with reasonable dispatch and within a reasonable time where insured waited two years and seven months to report claim of hurricane damage to his roof — Conclusory affidavits submitted by insured in opposition to summary judgment were insufficient to rebut presumption of prejudice where passage of time rendered insurer unable to determine what current damage was directly attributable to the storm — Court rejects argument that policy was ambiguous because it contained a clause imposing a blanket bar on any hurricane-related claim beyond three-year window and a second clause requiring insured to provide prompt notice of any claim — Clauses, when read together, require an insured to file any hurricane-related claim within three years of the storm, and to act swiftly upon discovering damages
  • Insurance — Uninsured motorist — Bad faith — Complaint — Amendment — Addition of claim for punitive damages — Action alleging that insurer violated law by issuing policies without a written rejection form and by accepting verbal rejections of UM coverage — Error to grant insured’s motion for leave to add punitive damages claim where insured failed to provide reasonable basis to find that insurer’s acts occurred with such frequency as to indicate a general business practice, and were willful, wanton, and malicious and in reckless disregard for insured’s rights
  • Consumer law — Deceptive and Unfair Trade Practices — Proposal for settlement — Attorney’s fees — Costs — Prevailing party — Where partial summary judgment as to liability was granted in favor of plaintiff, but jury awarded no damages, it was not an abuse of discretion for trial court to deny defendant’s request for attorney’s fees as a prevailing party on Florida Deceptive and Unfair Trade Practices Act claim — No error in denying fees and costs under proposals for settlement presented to trial court — None of the proposals proffered satisfied strict requirements of section 768.79 and rule 1.442 where proposals required plaintiff to execute a release but failed to describe release with sufficient detail, contained ambiguity as to punitive damages, and required payment from date of settlement without defining such date — Error to deny request for costs under section 57.041 — A zero judgment constitutes a judgment in favor of the defendant for purposes of recovery of costs under the statute
  • Torts — Premises liability — Slip and fall — Discovery — Relevance — Appeals — Certiorari — Order requiring defendant’s corporate representative to address areas of inquiry related to defendant’s corporate-wide operations is quashed — Allowing corporate-wide discovery amounted to carte blanche discovery that results in irreparable harm and departs from essential requirements of the law — Information is not discoverable based on its relevance to show negligent mode of operation because, under section 768.0755, negligent mode of operation is not a viable theory of recovery in slip-and-fall cases
  • Insurance — Uninsured motorist — Bad faith — Complaint — Amendment — Addition of claim for punitive damages — Action alleging that insurer violated law by issuing policies without a written rejection form and by accepting verbal rejections of UM coverage — Error to grant insured’s motion for leave to add punitive damages claim where insured failed to provide reasonable basis to find that insurer’s acts occurred with such frequency as to indicate a general business practice, and were willful, wanton, and malicious and in reckless disregard for insured’s rights

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