Blog

Third District Court Vacates Peeping Tom Verdict

Florida is among many states that apply the “impact rule” in tort litigation. Generally, the impact rule provides that “a plaintiff can recover damages for...

Internal Rules and Legal Negligence

In an effort to avoid potential litigation, many businesses enact procedures to ensure customer safety. Notwithstanding the ubiquity of such safety procedures, employees do not...

Examining the Rear-End Collision Presumption in FL

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...

Supreme Court Rules on Psychotherapist Duty of Care

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...

Court Orders New Trial in FPL Auto Accident Lawsuit

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...

Arbitration Agreement 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...

Fourth District Reverses Hallandale Child Injury Case

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...

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...

Limits of Workers’ Compensation Immunity in Florida

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...

Verdict Reversed in Florida Dead Horse Collision Case

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,...

Jury Verdict Reversed Based on a Single Trial 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,...

Third District Reduces Damages 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...