Blog

Florida’s Fourth District Court of Appeal Examines Rear-End Collision Presumption

Under Florida law, it is presumed in rear-end collision cases that the driver of the rear vehicle was negligent. Although this presumption can be a useful tool...

Florida Supreme Court Resolves Conflict Regarding the Duty Owed by Psychotherapists to Patients

In a long-awaited decision, Chirillo v. Granicz, the Supreme Court of Florida provided much-needed clarity on the thorny question of the liability that may extend to...

Florida Appeals Court Orders New Trial in FPL Auto Accident Case

In American legal culture, the determinations of juries are afforded considerable deference. Nevertheless, juries do make mistakes, and courts then must step in and order...

Florida’s Second District Rules that Arbitration Agreement Signed by Deceased Resident’s Wife is Unenforceable

Like other industries providing services to vulnerable populations, nursing homes are no strangers to lawsuits. However, simply because nursing homes and similar long-term care businesses...

Florida’s Fourth District Reverses in Hallandale Child Injury Suit

Although we expect all products to be “safe,” there are certain products for which our expectation of safety is  heightened. Indeed, given the vulnerability of children, products...

Florida First District Addresses Access Requirements for Medical Negligence Claims

Although it’s common knowledge among Florida’s medical malpractice practitioners that state law requires a complaint for medical negligence to be accompanied by an expert affidavit, it...

Florida’s First District Court of Appeal Delineates Limits of Workers’ Compensation Immunity

In a recent decision, Mathis v. Sacred Heart Health Sys., Inc., Florida’s First District Court of Appeal reminded the lower courts that there are indeed...

Florida’s Fifth District Reverses Jury Verdict for Plaintiff Injured after Colliding with Dead Horse

In a recent decision from Florida’s Fifth District Court of Appeal, Manfre v. Shinkle, the court examined whether a jury correctly found that the defendant,...

Florida’s Second District Court of Appeal Reverses Jury Verdict for Single Error

It’s a subject we have mentioned on several occasions, but it’s one that bears repeating. Even a single error can be damaging to a case,...

Florida’s Third District Reduces Damages Award in Auto Accident Case

Although the end of a trial often means finality, seasoned litigators understand that, at least in some cases, it may simply be a precursor to...

First District Court of Appeal Affirms in Boating Negligence Case

Under Florida law, a plaintiff has two years to bring a suit for negligence. See Fla. Stat. § 95.11. Although the waters surrounding our state...

Supreme Court of Florida Further Limits Admissibility of Collateral Source Evidence

Under the common law, collateral source evidence was generally inadmissible for both determinations of liability and damages. Finding that this rule promoted double recovery in...