39 Fla. L. Weekly D23a Workers’ compensation — Medical benefits — MRI — Res judicata — Judge of compensation claims did not err in entering summary final order denying claimant’s petition for benefits seeking authorization for an MRI of his shoulder — Claim is barred by res judicata where JCC had entered prior order which […]
Articles
UM carrier did not fraudulently induce insured to settle by issuing settlement draft made payable to insured and lien claimant
39 Fla. L. Weekly D17a Torts — Fraudulent inducement — Error to deny uninsured motorist insurer’s motion for directed verdict on plaintiff’s claim that insurer’s representative misinformed plaintiff of UM benefits plaintiff would receive in exchange for signing release where plaintiff failed to prove that she sustained any pecuniary damage or detriment as result of […]
Order limiting expert testimony not subject to immediate review
38 Fla. L. Weekly D2568c Appeals — Certiorari — Interlocutory order of trial court striking an expert witness is not amenable to certiorari review because it is the sort of trial error that usually does not cause irreparable harm, and can be remedied on appeal STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. BILLIE JEAN […]
Liability waivers – Language must be clear and specific in order for waiver to be enforced
38 Fla. L. Weekly D2573a Torts — Releases — Action against owner of Go-Kart track, alleging that defendant’s employee negligently increased Go-Kart speed during a race, causing plaintiff to sustain injuries when she lost control and crashed into railing — Error to enter summary judgment for defendant on basis of waiver and release form signed […]
Trial court order: OJ / PFS specifying amount offered as to each count was not ambiguous based on failure to state total amount
Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Language of rule 1.442(d) and section 768.79(3) providing that proposal for settlement shall not be filed “unless necessary to enforce” provisions of rule and statute does not mandate that party must file proposal for settlement prior to time it seeks to enforce […]