47 Fla. L. Weekly D2636a YURGAL PASCAL, Appellant, v. BROWARD WATER CONSULTANTS, INC., etc., Appellee. 3rd District. Case No. 3D21-727. L.T. Case No. 17-22406 CC. December 14, 2022. An Appeal from the County Court for Miami-Dade County, Diana Gonzalez-Whyte, Judge. Counsel: Yurgal Pascal, in proper person. Schneider Law Firm, P.A., and Leslie Mark Schneider (Fort Read More »
Articles
Torts — Premises liability — Trip and fall — Speed bumps — Duty to warn — Negligent maintenance — Action stemming from injuries plaintiff suffered after tripping over an unmarked speed bump at an apartment complex — No error in entering summary judgment in favor of apartment complex — Apartment complex owed no duty to warn where record shows that speed bump was open, obvious, and specifically known to plaintiff — Moreover, plaintiff admitted in deposition that she was not looking directly where she was going — Apartment complex breached no duty to exercise ordinary care to maintain premises in reasonably safe condition where nothing in record indicates that speed bump was an inherently dangerous condition that would cause injury — Even if speed bump was an inherently dangerous condition that would cause injury, speed bump was so open and obvious that apartment complex could reasonably expect plaintiff to protect herself from any purported danger
47 Fla. L. Weekly D2620a EILEEN SMITH, Appellant, v. WESTDALE ASSET MANAGEMENT, LTD. d/b/a ANGEL COVE APARTMENT HOMES, Appellee. 1st District. Case No. 1D22-231. December 12, 2022. On appeal from the Circuit Court for Escambia County. Coleman Lee Robinson, Judge. Counsel: Michael E. Fenimore of Michael E. Fenimore, P.A., Pensacola, for Appellant. Michael R. D’Lugo Read More »
Torts — Automobile accident — Tractor-trailer — Vicarious liability — Dangerous instrumentality doctrine — No error in granting summary judgment in favor of defendant owner of trailer which was being pulled by the tractor that struck plaintiff’s vehicle where defendant submitted uncontroverted evidence that it did not own the tractor — Trailer itself is not a dangerous instrumentality — Unless plaintiff could allege a cause of action based on trailer alone, there was no basis for defendant’s liability for the accident caused by alleged negligent driving of the tractor
47 Fla. L. Weekly D2642a NATALIE SAUNDERS-PINNOCK, Appellant, v. COLONIAL FREIGHT SYSTEMS, INC., Appellee. 3rd District. Case No. 3D21-1822. L.T. Case No. 15-30283. December 14, 2022. An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge. Counsel: Law Offices of Anidjar & Levine, P.A., and Glen B. Levine (Fort Lauderdale), for appellant. Traub Read More »
Insurance — Homeowners — Assignment of benefits — Validity — Standing to challenge — No error in dismissing assignee’s action against insurer based on finding that assignment of benefits did not comply with statutory requirements because it failed to contain a written, itemized, per-unit cost estimate of the services assignee was to perform — General price list attached to the AOB which listed the types of services assignee offered did not satisfy provisions of the statute — Court rejects argument that insurer may not challenge the validity of the assignment because it was not a party to the contract — Insurer may challenge assignment based upon the statute expressly declaring an assignment not in compliance with its terms to be invalid
47 Fla. L. Weekly D2592c AIR QUALITY EXPERTS CORPORATION, (a/a/o Brian and Tricia Gerard), Appellant, v. FAMILY SECURITY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-2516. December 7, 2022. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Parnofiello, Judge; L.T. Case No. 50-2020-SC-020899-XXXX-MB. Counsel: Yasmin Gilinsky, Christopher Tuccitto Read More »
Civil procedure — Dismissal with prejudice — Trial court erred in dismissing with prejudice an action for declaratory and injunctive relief after concluding that statute of limitations had run and could not be remedied by amendment — Plaintiff was entitled to amend pleading once as matter of course at any time before responsive pleading was served — Motion to dismiss does not qualify as a “responsive pleading”
47 Fla. L. Weekly D2478a JOSEPH McCLASH, Appellant, v. RANDY P. URSCHEL AND SUSAN A. URSCHEL, Appellees. 2nd District. Case No. 2D21-2147. November 30, 2022. Appeal from the Circuit Court for Manatee County; Charles Sniffen, Judge. Counsel: Joseph McClash, pro se. Brandon S. Vesely of The Florida Appellate Firm, P.A., St. Petersburg, for Appellees. (KELLY, Read More »