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 »
Uncategorized
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 »
Attorney’s fees — Civil procedure — Discovery — Motions — Defendant ordered to pay attorney’s fees under rule 1.380(a)(4) based on conclusion that plaintiff had prevailed on its motion to compel discovery — Award under rule 1.380(a)(4) was made in error because rule 1.380(a)(4) is not a prevailing party rule and written order made no finding regarding whether defendant’s opposition to the motion was substantially justified
44 Fla. L. Weekly D506a Attorney’s fees — Civil procedure — Discovery — Motions — Defendant ordered to pay attorney’s fees under rule 1.380(a)(4) based on conclusion that plaintiff had prevailed on its motion to compel discovery — Award under rule 1.380(a)(4) was made in error because rule 1.380(a)(4) is not a prevailing party rule Read More »
Civil rights — Disabled persons — Americans with Disabilities Act — Access to public accommodations — Theme parks — Individuals with severe autism filed complaints alleging that defendant, at six of its theme parks, fails to accommodate their disabilities, and defendant responded that it accommodates plaintiffs’ disabilities through its current Disabilities Access Service program in which special access cards are issued to disabled guests who are unable to tolerate extended waits at rides due to cognitive disabilities — Defendant’s “blanket policy” of issuing of DAS Cards to all cognitively disabled guests, in and of itself, is not per se impermissible under Title III of ADA — Necessary modifications
27 Fla. L. Weekly Fed. C1192b Civil rights — Disabled persons — Americans with Disabilities Act — Access to public accommodations — Theme parks — Individuals with severe autism filed complaints alleging that defendant, at six of its theme parks, fails to accommodate their disabilities, and defendant responded that it accommodates plaintiffs’ disabilities through its Read More »