45 Fla. L. Weekly D1809b Wrongful death — Duty of care — Decedent, a guest at resort, who was transported by resort employee in a golf cart to the edge of highway and was killed while walking across highway to a grocery store after exiting golf cart — Trial court properly entered summary judgment for Read More »
Uncategorized
Torts — Settlement agreements — Appeals — Non-final orders — Order denying defendant’s motion to enforce settlement agreement is a non-final, non-appealable order where order did not determine, as a matter of law, that settlement agreement never existed
45 Fla. L. Weekly D1540b Torts — Settlement agreements — Appeals — Non-final orders — Order denying defendant’s motion to enforce settlement agreement is a non-final, non-appealable order where order did not determine, as a matter of law, that settlement agreement never existed NANCY POWELL and RALEIGH POWELL, Appellants, v. MILDREDA WOODARD, Appellee. 1st Read More »
Insurance — Homeowners — Appraisal — Trial court erred by granting insureds’ motion to compel arbitration without holding evidentiary hearing to determine whether insureds had complied with post-loss obligation to submit sworn proof of loss that is compliant with policy requirements
45 Fla. L. Weekly D1523a Insurance — Homeowners — Appraisal — Trial court erred by granting insureds’ motion to compel arbitration without holding evidentiary hearing to determine whether insureds had complied with post-loss obligation to submit sworn proof of loss that is compliant with policy requirements PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. ORLANDO ORTEGA Read More »
Workers’ compensation — Compensable accidents — Presumption of compensability — Heart disease — Correctional officer — Trigger theory — Where medical evidence showed that claimant’s peak exercise workouts in 2002 triggered degeneration of his congenital heart condition into atrial fibrillation, but this evidence wasn’t evaluated as a non-occupational cause that would overcome statutory presumption of compensability, reversal of compensation order entered in favor of claimant and remand for further consideration of trigger theory in view of exercise-related evidence is appropriate — Discussion of “trigger theory”
45 Fla. L. Weekly D982a Workers’ compensation — Compensable accidents — Presumption of compensability — Heart disease — Correctional officer — Trigger theory — Where medical evidence showed that claimant’s peak exercise workouts in 2002 triggered degeneration of his congenital heart condition into atrial fibrillation, but this evidence wasn’t evaluated as a non-occupational cause that Read More »
Torts — Negligence — Breach of duty of care — Trial court erred in entering summary judgment for defendant tire store whose employee serviced tire on plaintiff’s vehicle which later had blow out resulting in crash that resulted in serious injury to plaintiff — Court erred in entering summary judgment on the basis that evidence was insufficient to show that plaintiff had tire serviced at defendant’s tire store, as court would have had to weigh evidence or consider credibility of witnesses to reach that conclusion — Court erred in entering summary judgment on basis that there were no genuine issues of material fact as to defendant’s vicarious liability for acts of its employee, including whether employee acted within course and scope of his employment — Evidence was sufficient to create issue of fact as to whether employee’s alleged acts were within scope of employment
45 Fla. L. Weekly D188b Torts — Negligence — Breach of duty of care — Trial court erred in entering summary judgment for defendant tire store whose employee serviced tire on plaintiff’s vehicle which later had blow out resulting in crash that resulted in serious injury to plaintiff — Court erred in entering summary judgment Read More »