49 Fla. L. Weekly D297b KUN XIANG, M.D., Appellant, v. OCALA HEART CLINIC II, LLC, WILLIAM F. DRESEN, M.D., JOSEPH R. ALONSO, M.D., VIJAY K. MITTAL, M.D., SUREXA CACODCAR, M.D., LAN LUO, M.D. and TONG LIU, M.D., Appellees. 5th District. Case No. 5D23-1402. L.T. Case No. 2019-CA-000944. February 2, 2024. On appeal from the Circuit Read More »
Articles
Torts — Automobile accident — Damages — Additur — New trial — Trial court abused its discretion in granting new trial on plaintiffs’ past and future non-economic damages and future loss of consortium damages following defendant’s rejection of additur ordered by the trial court — Evidence presented to jury was sufficiently conflicting such that its verdict awarding past non-economic damages and future non-economic damages was entirely consistent with the evidence the jury received and evaluated at trial — Additionally, award of loss of consortium damages was fully consistent with express trial testimony — Motion for appellate attorney’s fees is denied as untimely
49 Fla. L. Weekly D292a CAMERON ANDREW GARROW and KENNETH JOSEPH GARROW, Appellants, v. ANN MARIE ANTONIETTA and JAMES ANTONIETTA, Appellees. 5th District. Case No. 5D23-1515. L.T. Case No. 2020-CA-000883. February 2, 2024. On appeal from the Circuit Court for Seminole County. Dawn P. Fields, Judge. Counsel: Ezequiel Lugo, of Banker Lopez Gassler, P.A., Tampa, Read More »
Torts — Automobile accident — Vicarious liability — Scope of employment — Coming and going rule — Action stemming from injuries plaintiff suffered as a result of collision with defendant’s employee who was on temporary assignment from her usual out-of-state office and driving back to her workplace after running errands and having lunch — Trial court erred in granting summary judgment in favor of defendant based on determination that driver was not acting within the scope of her employment at the time of the wreck — Traditional coming and going rule was inapplicable where it was undisputed that driver had come to the workplace hours before the accident and had not completed her workday — Record does not establish defendant’s entitlement to judgment as a matter of law where at least one of the errands driver was performing was indisputably conduct of the kind the employee was hired to perform, there was no undisputed evidence that driver’s mid-day journey occurred substantially outside the time and space limits authorized or required by the work to be performed, and evidence was undisputed that driver’s journey was motivated at least in part by a purpose to serve her employer
49 Fla. L. Weekly D300b CAROL ANN KULZER, Appellant, v. SARAH MARIE WAY and GREENLEAF TRUST, Appellees. 5th District. Case No. 5D23-0750. L.T. Case No. 2020-31188-CICI. February 2, 2024. On appeal from the Circuit Court for Volusia County. Mary G. Jolley, Judge. Counsel: Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, and James T. Read More »
Torts — Automobile accident — Damages — Additur — New trial — Trial court abused its discretion in granting new trial on plaintiffs’ past and future non-economic damages and future loss of consortium damages following defendant’s rejection of additur ordered by the trial court — Evidence presented to jury was sufficiently conflicting such that its verdict awarding past non-economic damages and future non-economic damages was entirely consistent with the evidence the jury received and evaluated at trial — Additionally, award of loss of consortium damages was fully consistent with express trial testimony — Motion for appellate attorney’s fees is denied as untimely
49 Fla. L. Weekly D292a CAMERON ANDREW GARROW and KENNETH JOSEPH GARROW, Appellants, v. ANN MARIE ANTONIETTA and JAMES ANTONIETTA, Appellees. 5th District. Case No. 5D23-1515. L.T. Case No. 2020-CA-000883. February 2, 2024. On appeal from the Circuit Court for Seminole County. Dawn P. Fields, Judge. Counsel: Ezequiel Lugo, of Banker Lopez Gassler, P.A., Tampa, Read More »
Torts — Premises liability — Slip and fall — Dismissal — Fraud on court — Trial court erred in dismissing for fraud on the court plaintiff’s entire personal injury action filed after she slipped and fell at defendant’s store where trial court did not appropriately balance policy favoring adjudication on merits with competing policies to maintain integrity of judicial system — Competent substantial evidence supported trial court’s finding that, clearly and convincingly, plaintiff had intentionally lied about extent of her movement limitations and pain after her fall in defendant’s store, and specific finding that plaintiff’s explanations for the discrepancies were not credible — Trial court abused discretion in dismissing entire action as a sanction — Trial court properly dismissed portion of claim for pain and suffering damages and lost wages because plaintiff’s repeated pretrial lies about her limitations and pain demonstrated her willingness to lie under oath at trial, which comprehensively infected the integrity of the action seeking pain and suffering and lost wages damages — Plaintiff should not be allowed to pursue pain and suffering or lost wages damages when such evidence is prone to rely on plaintiff’s subjective testimony — Plaintiff remains entitled to pursue claims for medical expenses occurring during her medical treatment because such claims can be determined by objective evidence without reliance on subjective testimony
49 Fla. L. Weekly D233a JONIDA GOGA, GENTIAN ZELKA, J.Z., a minor, and A.Z., a minor, Appellants, v. PUBLIX SUPERMARKETS, INC., Appellee. 4th District. Case No. 4D2023-0011. January 24, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara Anne McCarthy, Judge; L.T. Case No. CACE20-015950. Counsel: Annabel C. Majewski of Read More »