40 Fla. L. Weekly D160a Wrongful death — Automobile accident — Intersection collision — Design and construction of intersection traffic signals — Designer’s liability — Under Slavin doctrine, liability of contractor is cut off after owner has accepted the work performed, if the alleged defect is a patent defect which the owner could have discovered Read More »
Articles
Discovery of Facebook and cell phone photos in personal injury case – trial court did not depart from essential requirements of law in compelling production of photographs
40 Fla. L. Weekly D166a Torts — Premises liability — Slip and fall — Discovery — Social media — Photographs from social networking sites such as Facebook — Trial court did not depart from essential requirements of law by entering order compelling discovery of photographs of plaintiff from plaintiff’s social networking account for period commencing Read More »
Homeowners’ Insurance — Sinkhole Loss — Statutory definition of “covered claim”
40 Fla. L. Weekly D123a Insurance — Homeowners — Sinkhole claim — Florida Insurance Guaranty Association — Trial court erred in applying the statutory definition of “covered claim” in effect when insurance policy was issued to determine scope of FIGA’s liability instead of the more restrictive definition in effect when the insurer was adjudicated insolvent, Read More »
Trial court errs in allowing a plaintiff to view surveillance footage before plaintiff’s deposition
40 Fla. L. Weekly D195a Torts — Automobile accident — Discovery — Trial court departed from essential requirements of law in permitting plaintiff to view a post-accident surveillance video before her deposition — Fairness requires that a defendant be permitted to depose plaintiff before turning over a surveillance video GWENDOLYN HANKERSON, Petitioner, v. NICOLE WILEY, Read More »
Non-party cannot be compelled to travel from out of state to attend deposition in Florida
40 Fla. L. Weekly D153b Insurance — Declaratory judgment — Discovery depositions — Non-residents — Trial court departed from essential requirements of law by denying plaintiff’s motion for protective order and requiring non-party who resided and worked in Pennsylvania to be deposed in Broward County — Defendant failed to demonstrate that individual was an officer, Read More »
