48 Fla. L. Weekly D352a TOPVALCO INC., Appellant, v. MICHAEL A. WOLFF and 1045 LLC, Appellees. 4th District. Case No. 4D21-3143. February 15, 2023. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Donald W. Hafele, Judge; L.T. Case No. 50-2020-CA-006508-XXXX-MB. Counsel: Ross D. Bussard and Edward R. Nicklaus of Nicklaus […]
Articles
Torts — Damages — Future medical expenses — Evidence — Experts — Life care planner — In awarding damages for future epidural and facet injections, trial court abused its discretion by allowing plaintiff’s life care planner to testify, based on planner’s own medical opinions, that plaintiff would require injections for the rest of his life — Although life care planner has a medical degree and is a practicing neurosurgeon, he was not offered as a medical expert or as an expert acting in a dual capacity — An expert witness, offered as a life care planner, may not infuse his or her own medical opinions in calculating certain costs of future medical care when such future care is not recommended by a treating physician or medical expert — Award of damages reversed where, without life care planner’s testimony, there was no reasonable evidence upon which jury could award challenged damages
48 Fla. L. Weekly D380a DEARTA ANDERSON-MOODY and SANDRA ANDERSON, Appellants, v. BRANDON WILSON, Appellee. 1st District. Case No. 1D21-2560. February 15, 2023. On appeal from the Circuit Court for Alachua County. Donna M. Keim, Judge. Counsel: Michael P. Regan, Jr., and Brian M. Guter, Florida O’Hara Law Firm, Jacksonville; and Warren B. Kwavnick, Cooney […]
Torts — Premises liability — Slip and fall — Discovery — Carte blanche discovery — Appeals — Certiorari — Trial court departed from essential requirements of the law by ordering carte blanche discovery without applying applicable standard of proof for slip-and-fall cases in section 768.0755(1) — Plaintiff is limited to information regarding actual or constructive knowledge of the dangerous condition that allegedly caused plaintiff’s slip and fall at the supermarket at issue — Plaintiff is not entitled to information regarding negligent mode of operation
48 Fla. L. Weekly D396a PUBLIX SUPER MARKETS, INC., Petitioner, v. COLIN ROTH, Respondent. 2nd District. Case No. 2D22-2124. February 17, 2023. Petition for Writ of Certiorari to the Circuit Court for Pinellas County; Cynthia J. Newton, Judge. Counsel: Edward G. Guedes of Weiss Serota Helfman Cole & Bierman, P.L., Coral Gables, for Petitioner. Samuel […]
Insurance — Homeowners — Discovery — Work product — Claims file — Waiver — Appeals — Certiorari — In breach of contract action where coverage was in dispute, it was a departure from the essential requirements of the law for trial court to compel production of insurer’s claims file materials without conducting an in camera inspection to determine whether there were any relevant documents that would meet standard for production of otherwise privileged documents — Insurer did not waive its work product privilege by putting its pre-suit investigation at issue in its answer when it alleged certain causes of the damage to the home, which would have been part of its investigation
48 Fla. L. Weekly D298b FAMILY SECURITY INSURANCE COMPANY, Petitioner, v. JOSHUA H. STEIN and CLAUDIA E. STEIN, Respondents. 4th District. Case No. 4D22-1468. February 8, 2023. Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Gary L. Sweet, Judge; L.T. Case No. 432021CA001137CAAXMX. Counsel: Sara Sandler Cromer […]
Attorney’s fees — Reasonableness — Evidence — Expert — Fees — Insurance — Personal injury protection — Trial court did not abuse its discretion in awarding expert witness fees to prevailing party where insurer litigated case through summary judgment before filing notice of confession of entitlement to benefits nine months after complaint was filed and challenged the number of compensable hours after agreeing to entitlement to attorney’s fees and costs
48 Fla. L. Weekly D287a UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. MANUEL V. FEIJOO, M.D., and MANUEL V. FEIJOO, M.D., P.A., a/a/o Ernesto Morera, Appellee. 3rd District. Case No. 3D22-396. L.T. Case No. 20-24681 SP. February 8, 2023. An Appeal from the County Court for Miami-Dade County, Linda Melendez, Judge. Counsel: Michael J. Neimand, for […]