46 Fla. L. Weekly D2100a RICHARD FANNIN, Appellant, v. ACE HUNTER, Appellee. 1st District. Case No. 1D19-4293. September 22, 2021. On appeal from the Circuit Court for Duval County. Adrian G. Soud, Judge. Counsel: Rhonda B. Boggess, Marks Gray, P.A., Jacksonville, for Appellant. Michael J. Korn, Korn & Zehmer, P.A., Jacksonville; Joshua A. Woolsey and […]
Articles
Workers’ compensation — One-time change of physician — Choice of physician — Judge of compensation claims did not err by preserving employer/carrier’s right to select alternative physician after concluding that e/c’s prior alternative physician selection was unreasonable based on the distance between alternative physician’s office and claimant’s residence — Argument that e/c forfeited its right to select physician by failing to timely provide an alternate physician was not preserved for appeal — Even if argument was properly raised, argument fails on the merits where it is undisputed that e/c provided timely authorization of alternate physician, and claimant never complained that he was not provided with appointment dates
46 Fla. L. Weekly D2055a JAMES HARMAN, Appellant, v. MERCHANT TRANSPORT, CCMSI, Appellees. 1st District. Case No. 1D19-4071. September 15, 2021. On appeal from an order of the Judge of Compensation Claims. Carol J. Stephenson, Judge. Date of Accident: May 16, 2017. Counsel: Matthew Carrillo of The Law Firm of Carrillo & Carrillo, P.A., Gainesville, […]
Workers’ compensation — Law enforcement officers — Compensable injuries — Hypertension — Causation — Judge of compensation claims did not err by denying compensability for claimant’s essential hypertension based on conclusion that the undisputed evidence of secondary hypertension in claimant’s pre-employment physical examination precluded claimant’s reliance on presumption of occupational causation provided by section 112.18 for an essential hypertension claim — Under the plain language of the statute, evidence of secondary hypertension on a PEP may preclude a claimant’s use of the presumption of section 112.18 for essential hypertension
46 Fla. L. Weekly D2057a JOSHUA HOLCOMBE, Appellant, v. CITY OF NAPLES/JOHNS EASTERN COMPANY, INC., Appellees. 1st District. Case No. 1D20-565. September 15, 2021. On appeal from an order of the Judge of Compensation Claims. Jack A. Weiss, Judge. Date of Accident: August 6, 2018. Counsel: Jason L. Fox, Oliver & Fox, P.A., Tampa, for […]
Torts — Negligence — Causation — Evidence — Experts — Qualifications — Timeliness of challenge — Action alleging that defendant landlord’s negligence caused plaintiff tenants to be exposed to dangerous mold during pregnancy, resulting in plaintiffs’ child being born with one kidney and brain damage — No error in determining that defendant’s Daubert challenge, which sought to exclude plaintiff’s causation expert’s testimony, was timely — Although defendant waited approximately 230 days after deposing expert before challenging expert’s testimony, defendant’s motion was filed before the deadline provided in pretrial scheduling order — Plaintiffs were not prejudiced by the delay where trial court held a hearing on the motion two weeks prior to pretrial conference and plaintiffs failed to request a continuance to acquire a new expert or request another form of relief from trial court — Trial court did not abuse its discretion by excluding expert’s testimony — Expert, whose specialty was obstetrics and gynecology, was not qualified to testify as to causation because he lacked experience and knowledge to connect mold to child’s medical conditions
46 Fla. L. Weekly D2054a JACQUELINE HUGGINS, individually, and with ALEXANDER HUGGINS, as Mother and Father and Next Friends of A.R.H., a minor child, Appellants, v. JEFFREY SIEGEL, Appellee. 1st District. Case No. 1D19-3987. September 15, 2021. On appeal from the Circuit Court for Alachua County. Donna M. Keim, Judge. Counsel: Jordan S. Redavid of […]
Torts — Dog owner’s liability for damage done by dog to person — Non-bite incident — Strict liability — Affirmative defenses — Comparative negligence — Third-party liability — Action against dog owners brought by plaintiff who fell to ground, breaking her femur and left leg, when her dog’s leash wrapped around her ankles as her dog tried to run from defendants’ dog, who had escaped from his tether in defendants’ back yard — Affirmative defenses of section 767.04, which pertains to injuries resulting from dog bite, are available to defendants in section 767.01 claim for non-bite injuries caused by dog — Accordingly, district court erred when it deprived defendants of their comparative negligence defense — New trial required on issue of plaintiff’s comparative fault — Discussion of interplay between sections 767.04 and 767.01 — Trial court properly excluded defendants’ proffered Fabre defense asserting product liability claim against manufacturer of their dog’s collar, which they alleged broke because of defective manufacturing — Evidence — Damages — Although trial court erred in allowing jury to consider bills for plaintiff’s past medical expenses when those bills were paid at a reduced amount by Medicare, court did not, under circumstances, abuse its discretion when it denied motion for new trial based on this error — Apportionment — Trial court correctly precluded defendants from presenting alleged manufacturing defect in dog’s collar to jury for apportionment of third party’s fault
46 Fla. L. Weekly D2070a DAVID PARSONS and MARLA PARSONS, Appellants, v. PATRICIA CULP, Appellee. 2nd District. Case No. 2D20-600. September 17, 2021. Appeal from the Circuit Court for Highlands County; David V. Ward, Judge. Counsel: Jennifer J. Kennedy of Abbey, Adams, Byelick, & Mueller, L.L.P., Saint Petersburg, for Appellants. Thomas E. Mooney of Mooney […]