39 Fla. L. Weekly D17a Torts — Fraudulent inducement — Error to deny uninsured motorist insurer’s motion for directed verdict on plaintiff’s claim that insurer’s representative misinformed plaintiff of UM benefits plaintiff would receive in exchange for signing release where plaintiff failed to prove that she sustained any pecuniary damage or detriment as result of Read More »

38 Fla. L. Weekly D2568c Appeals — Certiorari — Interlocutory order of trial court striking an expert witness is not amenable to certiorari review because it is the sort of trial error that usually does not cause irreparable harm, and can be remedied on appeal STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. BILLIE JEAN Read More »

38 Fla. L. Weekly D2573a Torts — Releases — Action against owner of Go-Kart track, alleging that defendant’s employee negligently increased Go-Kart speed during a race, causing plaintiff to sustain injuries when she lost control and crashed into railing — Error to enter summary judgment for defendant on basis of waiver and release form signed Read More »

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Language of rule 1.442(d) and section 768.79(3) providing that proposal for settlement shall not be filed “unless necessary to enforce” provisions of rule and statute does not mandate that party must file proposal for settlement prior to time it seeks to enforce Read More »

38 Fla. L. Weekly D2525a Workers’ compensation — Medical benefits — Emergency services and care — Major contributing cause — Evidence — Medical opinion — Authorized treating physician — Emergency provider — Where it was established that there were two contributing causes of claimant’s lower back injury that required medical treatment, including compensable accident and Read More »