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 […]
Articles
Torts — Medical malpractice — Evidence — Trial court did not err in excluding in second trial prior testimony as impeachment evidence upon deeming evidence to be irrelevant and improper for impeachment — Court did not err in admitting testimony of treating physicians after concluding that testimony did not amount to improper expert testimony on standard of care or causation because the opinions rendered were based on the physicians’ personal knowledge, experience, and treatment of plaintiff
45 Fla. L. Weekly D757a Torts — Medical malpractice — Evidence — Trial court did not err in excluding in second trial prior testimony as impeachment evidence upon deeming evidence to be irrelevant and improper for impeachment — Court did not err in admitting testimony of treating physicians after concluding that testimony did not amount […]
Insurance — Appraisal — Video and audio recording — Appeals — Certiorari — Trial court did not depart from essential requirements of the law in allowing insured to make a video and audio recording of insurer’s appraiser’s inspection of the insured property — Allowing insured to record appraisal does not violate appraiser’s constitutional right to privacy, as constitutional right to privacy protects persons from governmental, not private, intrusion — Possibility that making of the recording might be unfairly used to harass or intimidate the appraiser does not rise to the level of irreparable harm
45 Fla. L. Weekly D756b Insurance — Appraisal — Video and audio recording — Appeals — Certiorari — Trial court did not depart from essential requirements of the law in allowing insured to make a video and audio recording of insurer’s appraiser’s inspection of the insured property — Allowing insured to record appraisal does not […]
Insurance — Homeowners — Post-loss obligations — Action by insurer against insured after insured property suffered water damage from water leak and insured failed to comply with requests to complete sworn proof of loss or appoint an appraiser — Trial court properly dismissed breach of contract claim where complaint did not allege element of damages — Court erred in dismissing claim for specific performance of policy’s provisions — Court also erred in dismissing claim for declaratory relief seeking declaration of insurer’s coverage obligations and whether it is entitled to void policy
45 Fla. L. Weekly D754b Insurance — Homeowners — Post-loss obligations — Action by insurer against insured after insured property suffered water damage from water leak and insured failed to comply with requests to complete sworn proof of loss or appoint an appraiser — Trial court properly dismissed breach of contract claim where complaint did […]
Torts — Intentional infliction of emotional distress — Requirement of conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency
45 Fla. L. Weekly D753a Torts — Intentional infliction of emotional distress — Requirement of conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency SANTIAGO MEDINA and MILITZA BERNAL, Appellants, v. GENEX SERVICES and JOSANA CARDELLI, et al., Appellees. 3rd District. Case Nos. 3D18-2092 & […]