50 Fla. L. Weekly D494a LYNN SWENSON, Appellant, v. WAL-MART STORES EAST, L.P., Appellee. 1st District. Case No. 1D2023-1117. February 26, 2025. On appeal from the Circuit Court for Leon County. James Lee Marsh, Judge. Counsel: Brian Lee, Morgan & Morgan, Jacksonville, for Appellant. Allison Beth Ziegler, Daniel J. Santaniello, and Daniel Stuart Weinger, Luks, […]
Articles
Wrongful death — Automobile accident — Jurisdiction — Non-residents — Tortious act — Action stemming from out-of-state automobile accident which resulted in the death of a Florida resident — Trial court erred by denying non-resident defendant’s motion to dismiss for lack of personal jurisdiction — Complaint did not sufficiently allege that defendants committed a tortious act within state where the accident occurred in Georgia — Causing injury in state — Complaint did not sufficiently allege that at or about the time of injury, defendants were engaged in service activities within state — While vehicle involved in the accident was in the process of transporting cargo to Florida, services were not yet being provided within state at time of accident — Business venture — Complaint does not sufficiently allege that the tortious conduct of defendant corporation that hired driver arose from and related to its business activities in state — Although defendant corporation had business activities in state, none of the acts related to the claims against it occurred in state
50 Fla. L. Weekly D497a MARKIL BERNARD KENDRIX, Appellant, v. KRISTEN KULP, as Personal Representative of the Estate of Adam James Kulp, deceased, Appellee. 1st District. Case No. 1D2023-2039. VA LOGISTICS, LLC, Appellant, v. KRISTEN KULP, as Personal Representative of the Estate of Adam James Kulp, deceased, Appellee. Case No. 1D2023-2087. RYAN TRANSPORTATION SERVICES, INC., […]
Torts — Premises liability — Trip and fall — Open and obvious danger — Failure to maintain premises in reasonably safe condition — Pedestrian injured when she tripped and fell on raised and unmarked slab designed to anchor a vehicle gate-arm in a parking garage — Trial court erred in entering final summary judgment in favor of defendant — Opinion of plaintiff’s expert that condition of slab violated industry standards and created unreasonably dangerous condition for pedestrians was sufficient to establish question of fact precluding summary judgment — If court is unable to conclude as matter of law that open and obvious doctrine precludes recovery, factual questions of dangerousness and foreseeability of condition remain for finder of fact
50 Fla. L. Weekly D511a GWEN ORTEGA, Appellant, v. JW MARRIOTT INVESTMENT, LLC, et al., Appellees. 3rd District. Case No. 3D23-1916. L.T. Case No. 22-11819. February 26, 2025. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Eaton & Wolk, PL, and Douglas F. Eaton and Daniel R. Schwartz, […]
Wrongful death — Product liability — Automobiles — Defects — Driving assistance features — Punitive damages — Complaint — Amendment — Trial court erred in granting estate’s motion for leave to amend complaint to add a punitive damages claim in lawsuit brought by estate of driver for strict liability and negligence in connection with vehicle’s Enhanced Autopilot features — Estate did not meet required level of negligence for punitive damages where it failed to demonstrate that car manufacturer engaged in gross negligence so egregious that it was equivalent to level of “culpable negligence” for criminal manslaughter — Record does not support finding that car manufacturer knew, or reasonably should have known, that its SAE Level 2 driving assistance features were likely to cause death or great bodily injury, and manufacturer cannot be liable for failing to provide technology it did not advertise and that did not exist
50 Fla. L. Weekly D529a TESLA, INC. a/k/a TESLA FLORIDA, INC., Appellant, v. KIM BANNER, as Personal Representative of the ESTATE OF JEREMY BANNER, Appellee. 4th District. Case No. 4D2023-3034. February 26, 2025. Appeal of a nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Reid P. Scott, II, Judge; […]
Insurance — Attorney’s fees — Amount — Hourly rate — Trial court erred by awarding a $150 hourly rate increase over the amount plaintiff had contractually agreed to in his retainer agreement with counsel — Nothing in record supports hourly rate increase other than expert’s opinion that expertise of plaintiff’s counsel warranted a higher amount, and trial court failed to provide any rationale for increase added into lodestar calculations — Additionally, trial court failed to make any specific findings required by Rowe to support its determination of lodestar amount — Contingency fee multiplier — No competent substantial evidence supports trial court’s award of a 1.8 contingency fee multiplier — While expert testified that multiplier was useful in securing experienced counsel, there was no suggestion that multiplier was necessary — Expert’s broad assertion did not provide evidence necessary to establish whether relevant market required a multiplier for type of case at issue — Moreover, trial court failed to make any findings regarding novelty and difficulty of the questions involved or whether plaintiff could find any other competent attorney in relevant market to handle case
50 Fla. L. Weekly D443a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. ABEL MEDERO, Appellee. 3rd District. Case No. 3D24-0338. L.T. Case No. 20-13094. February 19, 2025. An Appeal from the Circuit Court for Miami-Dade County, Tanya Brinkley, Judge. Counsel: Link & Rockenbach, P.A., and Kara Rockenbach Link, and David A. Noel (West Palm […]