39 Fla. L. Weekly D342a Torts — Automobile accident — Rear-end collision — Foreseeability — Trial court should have directed verdict for defendant where it was undisputed that defendant lost consciousness while driving as result of cyrptogenic seizure, defendant had never experienced seizure before this accident, there was no evidence that she had notice of […]
Articles
Homeowners’ Insurance: carrier not required to pay replacement costs for sinkhole repairs before insured contracted for such repairs
39 Fla. L. Weekly D361b Insurance — Homeowners — Sinkhole loss — Under sinkhole loss settlement provision of policy, it was error for trial court to require insurer to pay replacement costs for subsurface sinkhole repairs before insureds contracted for the necessary repairs STATE FARM FLORIDA INSURANCE COMPANY, Appellant, v. FRED PHILLIPS AND CAROL PHILLIPS, […]
Employment law – retaliatory discharge for filing workers’ compensation claim
39 Fla. L. Weekly D339a Employer-employee relations — Retaliatory discharge for filing of workers’ compensation claim — Error to enter summary judgment in favor of former employer where genuine issues of material fact existed as to whether discharge of plaintiff and plaintiff’s filing of workers’ compensation claims were causally related — Reasons given by employer […]
First party bad faith — procedure for objecting to discovery on basis of scope of discovery versus substantive legal objections
39 Fla. L. Weekly D334b Insurance — Bad faith — Discovery — Circuit court did not depart from essential requirements of law by failing to conduct in-camera review to address insurer’s objections to discovery requests based on scope of discovery requested and on attorney-client privilege and work product doctrine — General denial of insurer’s motion […]
Discovery of a plaintiff’s posts to social networking site
39 Fla. L. Weekly D277b Torts — Construction contractor — Failure to use reasonable care in keeping site safe for pedestrians — Action against construction contractor and subcontractors seeking damages for injuries minor suffered when he was struck by oncoming vehicle in front of construction site and damages for loss of parental consortium — Discovery […]