45 Fla. L. Weekly D886a Workers’ compensation — Permanent total disability — Attorney’s fees — Applicable version of section 440.15(1) requiring claimant to prove she suffered “catastrophic injury” to be entitled to PTD benefits — Claimant retiring before reaching maximum medical improvement — Judge of compensation claims erred in denying claimant PTD benefits based on […]
Articles
Wrongful death — Automobile accident — Judges — Disqualification — Bias — Claim for punitive damages against defendant who was talking on cell phone at time he ran red light and caused accident — Comments by trial judge showing judge’s predisposition that cell phone use while driving, even if legal, is dangerous and should not be allowed would create fear in a reasonable person that defendant would not receive a fair trial — Judge’s comments tended to not only show disdain for defendant’s legal position but for defendant’s lack of a policy prohibiting cell phone use while driving
45 Fla. L. Weekly D819a Wrongful death — Automobile accident — Judges — Disqualification — Bias — Claim for punitive damages against defendant who was talking on cell phone at time he ran red light and caused accident — Comments by trial judge showing judge’s predisposition that cell phone use while driving, even if legal, […]
Judges — Bias — Costs — Judge’s alleged bias did not constitute fundamental error where allegedly biased comments arose after trial court had heard argument and reviewed contracts involved in case — A trial judge may form mental impressions and opinions during the course of hearing evidence — Order on costs reversed where trial court did not itemize those recoverable costs pursuant to the Uniform Guidelines on Taxation of Costs
45 Fla. L. Weekly D806a Judges — Bias — Costs — Judge’s alleged bias did not constitute fundamental error where allegedly biased comments arose after trial court had heard argument and reviewed contracts involved in case — A trial judge may form mental impressions and opinions during the course of hearing evidence — Order on […]
Florida Bar — Rules — Amendment — Covid-19 emergency measures — More streamlined response to impact ongoing public health crisis is having on regulation of The Florida Bar — Recognition that Chief Justice is authorized to institute mitigating measures that are necessary to respond to public health emergencies or other emergency situations that may impact The Florida Bar’s and the various Bar participants’ ability to meet procedural requirements of the Bar Rules
45 Fla. L. Weekly S123a Florida Bar — Rules — Amendment — Covid-19 emergency measures — More streamlined response to impact ongoing public health crisis is having on regulation of The Florida Bar — Recognition that Chief Justice is authorized to institute mitigating measures that are necessary to respond to public health emergencies or other […]
Torts — Automobile accident — Vicarious liability — Dangerous instrumentalities doctrine — Family members — Bailee — Driver of vehicle involved in auto accident given permission to use vehicle by his mother who did not hold legal title to vehicle, but who was its primary user — Discussion of dangerous instrumentality liability — If a family member has an identifiable property interest in a vehicle, such as a bailment, and entrusts their vehicle to another who, in turn, causes injury, that family member can be held vicariously liable for the tort if the title owner denies vicarious liability for that entrustment — However, there is no sound basis in the law for holding both the acknowledged title owner and family member bailee liable for bailee’s entrustment of the vehicle under the dangerous instrumentality doctrine — Trial court erred in denying mother’s motion for directed verdict where father who was undisputed title owner of vehicle was also found vicariously liable for what was essentially the same entrustment of the same vehicle — Question certified: Under the dangerous instrumentality doctrine, can one family member who is a bailee of a car be held vicariously liable when the car’s acknowledged title owner is another family member who is also vicariously liable under the doctrine?
45 Fla. L. Weekly D760a Torts — Automobile accident — Vicarious liability — Dangerous instrumentalities doctrine — Family members — Bailee — Driver of vehicle involved in auto accident given permission to use vehicle by his mother who did not hold legal title to vehicle, but who was its primary user — Discussion of dangerous […]