48 Fla. L. Weekly D1026a (PER CURIAM.) While driving his car, Shaun Lutchman was negligently struck by a vehicle, causing him physical injuries and requiring disc replacement surgery. Lutchman sued the Appellants/Cross-Appellees (“the Defendants”) and a jury awarded him $375,000 ($275,000 for past medical expenses and $100,000 for non-economic damages). The trial court entered a Read More »
Articles
Torts — Damages — Setoff — Collateral sources — Trial court did not err in refusing to set off the difference between medical bills for plaintiff’s surgery and the amount the medical provider received from insurance company — Error to set off amounts from jury verdict for which a right of subrogation existed
Torts — Automobile accident — Argument — New trial — Trial court erred by granting a new trial based cumulatively on allegedly improper statements made by defense counsel in presence of jury concerning plaintiff’s age and Medicare’s ability to cover plaintiff’s medical expenses — Questions regarding life expectancy and retirement were to be anticipated where plaintiff was sixty-five years old and was seeking only future economic and non-economic damages — Additionally, because many of the allegedly improper statements were either incomplete or interrupted before they could do any significant harm and trial court gave strong curative instructions to minimize their potential impact, the potential for prejudice was neutralized — With regard to two statements allegedly implying that plaintiff was concealing evidence, those statements cannot be said to have been so inflammatory and prejudicial as to warrant a new trial where no objection was raised against the first statement and the second statement was subject to strong curative instruction
48 Fla. L. Weekly D1037a JUSTIN A. LAZAROFF, Appellant, v. LARRY MEEK, Appellee. 5th District. Case No. 5D23-19. L.T. Case No. 2016-CA-003882. Opinion filed May 19, 2023. Appeal from Circuit Court for Duval County, Bruce R. Anderson, Jr., Judge. Counsel: Warren B. Kwavnick and David F. Cooney, of Cooney Trybus Kwavnick Peets, Fort Lauderdale, and Read More »
Insurance — Property — Hurricane damage — Post-loss obligations — Notice of loss — No error in granting summary judgment in favor of insurer where only document timely submitted by insureds concerning their subject claim for roof damage was an unsigned page of a letter of representation between insureds and their public adjuster — There was no feasible construction of statute or policy language under which document provided by insureds could be considered a “notice of claim” — Argument that policy requires insurer to prove that late notice had prejudiced insurer was not preserved for appellate review
48 Fla. L. Weekly D1040c WILLIAM GRAY and PAM GRAY, Appellants, v. FLORIDA PENINSULA INSURANCE COMPANY, Appellee. 6th District. Case No. 6D23-328. L.T. Case No. 20-CA-007198. May 19, 2023. Appeal from the Circuit Court for Lee County. Michael T. McHugh, Judge. Counsel: Paul B. Feltman, of Alvarez, Feltman, Da Silva & Costa, PL, Miami, and Read More »
Appeals — Non-final orders — Summary judgment — Appellate court lacks jurisdiction over summary judgment entered in favor of appellees on one of appellant’s declaratory judgment claims — Court rejects appellant’s argument that order can be reviewed as a partial final judgment because, although summary judgment disposed of one of nine pending claims, it resolved all issues concerning appellees — Summary judgment did not totally dispose of appellees as parties because three pending counterclaims involving appellees still existed when summary judgment was entered — Notices of voluntary dismissal of counterclaims without prejudice did not vest appellate court with jurisdiction because notices did not constitute orders and trial court had not rendered any additional orders beyond the summary judgment order being appealed
48 Fla. L. Weekly D1041c LOUIS P. SHASSIAN, Appellant, v. RIVERWALK PARK, LLC, ALAN H. GINSBURG, WAYNE STEIDLE, and MARK D. LASS, Appellees. 6th District. Case No. 6D23-1186. L.T. Case No. 2017-CA-001493-O. May 19, 2023. Appeal from the Circuit Court for Orange County. Patricia L. Strowbridge, Judge. Counsel: John H. Pelzer, of Greenspoon Marder, LLP, Read More »
Insurance — Coverage — Discovery — Trial court departed from essential requirements of law by entering order instructing discovery to proceed, granting motion to compel, and denying insurer’s motion for stay where there was no coverage action pending in trial court, but coverage action was pending in federal district court
48 Fla. L. Weekly D956a MT. HAWLEY INSURANCE COMPANY, Petitioner, v. MICHAEL A. RUSSO and LOKNATH FOOD AND FUEL, LLC, Respondents. 2nd District. Case No. 2D22-2471. May 10, 2023. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Rex M. Barbas, Judge. Counsel: Michele A. Vargas and Sina Bahadoran, of Clyde & Read More »