45 Fla. L. Weekly D2812a GLORIA A. CABRERA, Appellant, v. WAL-MART STORES EAST, LP, Appellee. 3rd District. Case No. 3D19-2301. L.T. Case No. 17-23785. Opinion filed December 16, 2020. An appeal from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Counsel: Simon Trial Firm, and Daniel M. Grissom, and Elibet Caballero, for appellant. […]
Articles
Torts — Pedestrian struck by vehicle — Evidence — Trial court did not abuse its discretion by allowing defendant to introduce evidence of plaintiff/pedestrian’s intoxication and impairment — Evidence was relevant to whether plaintiff’s intoxication was contributing factor to accident
45 Fla. L. Weekly D2834a ERNEST BALOGH, Appellant, v. ABC LIQUORS, INC., d/b/a ABC Fine Wine & Spirits, and PAUL MATTHEW MULLINS, Appellees. 1st District. Case No. 1D19-2121. December 16, 2020. On appeal from the Circuit Court for Levy County. Donna M. Keim, Judge. Counsel: Beth M. Coleman of Beth M. Coleman, P.A., St. Petersburg; […]
Insurance — Automobile — Uninsured motorist — Coverage — Waiver — Declaratory judgment — Class actions — Certification — Lower courts did not err in denying class certification motions filed by plaintiffs seeking a declaration that defendant insurance company’s online signature process for rejecting UM coverage fails to comply with the law and does not properly advise policyholders regarding UM coverage options — Because the validity of defendant’s process has already been decided by appellate court, neither plaintiff has standing to seek declaratory relief on behalf of the proposed class — Once a prior appellate decision settles a question of law as to which declaratory relief is sought, the relief requested is rendered moot — Moreover, plaintiffs cannot establish commonality and typicality of claims — Proposed class encompasses customers who purchased policies during period of time in which defendant’s challenged procedure was changed twice, making the relevant facts as to the proposed class members different depending on when they purchased the policy
45 Fla. L. Weekly D2518a SHANNET BROWN-PETERKIN and COURTNEY PETERKIN, her husband, Appellants, v. KEITH DAVID WILLIAMSON, STEPHEN RYAN WILLIAMSON, and GEICO GENERAL INSURANCE COMPANY, Appellees. 4th District. Case No. 4D19-2950. Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jack Tuter, Judge; L.T. Case No. CACE15-016906(07). STEPHEN […]
Workers’ compensation — Medical benefits — Compensable accident — Broad stipulation — Major contributing cause — Judge of compensation claims did not err in denying claimant’s request that employer/carrier provide an orthopedic physician to treat his left knee following surgical replacement performed under claimant’s private insurance — E/c did not accept claimant’s left knee “condition” as compensable in pretrial stipulation in which e/c accepted the left knee as the “specific body part related to accident” — Pretrial stipulation’s mere identification of the relevant body part involved in the prior industrial accident did not waive the e/c’s right to pursue a timely asserted defense to the causal connection between the industrial accident and the requests for knee replacement surgery and follow-up treatment ten years later — MCC defense was timely, consistently, and adequately preserved for trial where e/c repeatedly asserted MCC defense in both original and amended pretrial stipulations, and pretrial memorandum — JCC’s acceptance of employer’s MCC defense was supported by competent, substantial evidence
45 Fla. L. Weekly D2501c HOWARD NOLAND, Appellant, v. CITY OF DEERFIELD BEACH and JOHNS EASTERN COMPANY, Appellees. 1st District. Case No. 1D19-1492. November 6, 2020. On appeal from an order of the Judge of Compensation Claims. Michael J. Ring, Judge. Date of Accident: February 4, 1997. Counsel: Bill McCabe of William J. McCabe, P.A., […]
Wrongful death — Premises liability — Shooting — Negligent security — Jury instructions — Felony defense — Action against owner and operator of parking lot in which decedent was fatally shot after her participation in brawl — Trial court did not err by refusing to give requested instruction pursuant to section 768.075(4), which provides that owner of real property cannot be held liable for negligence resulting in death of person who is attempting to commit a felony or engaged in commission of felony on the property — Unambiguous present tense language of statute underlying the instruction makes clear that defense applies only to injuries plaintiff sustains in the commission or attempted commission of a felony — Although evidence was submitted that would support theory that decedent committed felony during parking lot brawl by knowingly hitting a pregnant woman, it was undisputed that decedent was sitting in a vehicle and no longer allegedly engaged in commission of felony when she was shot
45 Fla. L. Weekly D2469a PRIDE OF ST. LUCIE LODGE 1189, INC. d/b/a TEMPLE 853, Appellant, v. TEAIRA NICOLE REED, as Personal Representative of the ESTATE OF TANYA RENEE OLIVER, Appellee. 4th District. Case No. 4D19-3009. November 4, 2020. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Lawrence Michael Mirman, […]