Torts
Posted May 7, 2012
Torts, Dismissal, Fraud On Court—
Perrine & Perrine v. Henderson, Swell Construction, et. al.,
37 Fla. L. Weekly D1011a (5th DCA, April 27, 2012)
Fifth District Court Of Appeals Affirmed Trial Court's Dismissal Of Appellant's Case After Appellant
Made Numerous Material Misrepresentations About His Medical History And Current Injuries,
All Of Which Were Core Issues In The Case
Posted April 17, 2012
Torts, Contracts, Indemnity—
Griswold Ready Mix Concrete, Inc. v. Tony Reddick and Pumpco, Inc.,
37 Fla. L. Weekly D869a (1st DCA, April 12, 2012
First DCA Finds Indemnity Agreement In A Construction Related Contract Void Under 725.06,
Florida Statutes, Because It Did Not Contain A Monetary Limitation—
The Appellate Court Clarified That The Statute Did Not Apply Solely To Property Owners,
But Any Combination Of Entities Indicated By The Statute
Posted February 21, 2012
Torts, Attorney Trial Behavior, New Trial—
Irizarry v. Moore,
37 FLW D313 (Fla. 5th DCA, Feb. 3, 2012)
Fifth DCA Reverses After The Trial Court Abused Its Discretion In Denying Plaintiff's Motion For New Trial Based Upon
The Pervasive Effect Of Defense Counsel's Conduct And Egregious Behavior, Concluding There Was No Confidence That
Parties Received A Fair Trial - It Was The Totality Of The Conduct Of The Defense Counsel That Compels A New Trial
Posted February 15, 2012
Premises Liability, Comparative Negligence, Duty To Warn—
Burton v. MDC PGA Plaza Corp.,
37 FLW D348a (Fla. 4th DCA Feb. 8, 2012)
Fourth DCA Reverses Summary Judgment In Favor Of Defendants In Slip And Fall Claim,
Reiterating That Defendant's Duty To Maintain Premises In Reasonably Safe Condition Is Not Discharged By Plaintiff's Knowledge Of The
Dangerous Condition, But Gives Rise To Issues Of Comparative Negligence; Court Also Concluded That Tenant's Ability To
Manage And Control Area Where Injury Occurred Creates Question Of Fact On Tenant's Liability,
Even Where Lease Places Duty To Maintain On Landlord
Posted November 29, 2011
Torts, Auto Accident, Reasonableness Of Treatment—
Aarmada Protection Systems 2000, Inc., v. Yandell,
36 FLW D2485a (Fla. 4th DCA, November 16, 2011)
Fourth DCA Denies New Trial Because Trial Court's Exclusion Of Opinions That Plaintiff's Treatment
Was Not Reasonable Or Necessary Was Harmless Where Such Evidence Came In Through The Written Reports And Other Evidence
Posted November 10, 2011
Torts, Automobile Accident, Vicarious Liability—
Adams and Adams v. Hancock,
36 Fla. L. Weekly D2407a (5th DCA, November 4, 2011)
Employee Engaged In An Unapproved, Personal Trip Determined Not To Be Engaged In
Course And Scope Of Business At Time Of Accident
Posted September 15, 2011
Torts, Dangerous Instrumentality Doctrine—
Bowen v. Taylor-Christensen,
36 FLW D1898 (Fla. 5th DCA Aug. 26, 2011)
Fifth DCA Rules That Exceptions To Owner Liability Under Dangerous Instrumentality Doctrine Is Not Limited To
Situations In Which Title Transfer Has Not Yet Been Completed Or Where Title Is Held Only For Security Purpose—
Concludes That Other Scenarios May Exist Under Which A Person On The Title
Is Not Held Liable And That The Question May Be One For The Jury
Posted August 30, 2011
Torts, Workers' Compensation Immunity—
Homer Lovering v. Leslie C. Nickerson and the Middlesex Corporation,
36 Fla. L. Weekly D1896a (Fla. 5th DCA, August 26, 2011)
Fifth DCA Reverses Summary Judgment Based On Workers' Compensation Immunity—
Finds That Injury While Moving Concrete Barrier Walls At Construction Site Fell Outside The Definition Of
"Working In The Construction Industry" And Thus Employee Was Not Statutory Employee
Posted August 12, 2011
Torts, Automobile Accident, Evidence, Seatbelt Defense—
Henry v. Hoelke,
36 FLW D1754a (Fla. 4th DCA Aug. 10, 2011)
Fourth DCA Reverses Judgment On Grounds That Trial Court Should Have Granted Directed Verdict On Seatbelt Defense
Where Expert Could Not State With Certainty That Seatbelt Would Have Prevented Injuries Sustained In Rollover Accident
Posted July 25, 2011
Torts, Trial, Discovery—
Crowley v. Lamming,
36 FLW D1567a (Fla. 2nd DCA July 22, 2011)
Second DCA Reaffirms That Allowing Discovery Of Private Health Information In Past CME Reports Is A
Departure From The Essential Elements Of The Law, Even If The Reports Are Not Produced—
Opens Door To Motions To Strike CME Physicians Who Do Not Produce List Of Prior Examinees
Posted July 22, 2011
Torts, Trial, Damages, Collateral Source Rule—
Durse v. Henn,
36 Fla. L. Weekly D1472a (Fla. 4th DCA, July 6, 2011)
Fourth DCA Holds That Common-Law Collateral Source Evidentiary Rule Did Not Require Trial Court To
Limit Plaintiff's Proof Of Past Medical Damages To The Reduced Amount That
Plaintiff's Health Care Providers Had Actually Accepted As Payment In Full,
Where Plaintiff Had "Earned" Discount By Successfully Negotiating It,
And Was Thus Entitled To Present Total Medical Bills, Un-Discounted, At Trial
Posted July 21, 2011
Torts, Negligence, Premises Liability—
Strickland v. Timco Aviation Services, Inc.,
36 FLW D1420a (Fla. 1st DCA June 30, 2011)
First DCA Sustains Summary Judgment In Favor Of Property Owner And Against Employee Of Independent Contractor Who
Fell Through Skylights For Which He Was Hired To Work— Finds That Property Owner Will Not Be Liable For Such Injuries
Unless Owner Actively Participates In Or Exercises Direct Control Over Work Or Negligently Creates Or
Approves Dangerous Condition Which Is Not Known To Independent Contractor Or Discoverable Through
Exercise Of Due Care - Also Concludes That Property Owner Had No Duty To Furnish Safety Equipment To
Independent Contractor Or Its Employees
Posted July 6, 2011
General Tort Law—
Borrack v. Reed,
36 Fla. L. Weekly D412b (Fla. 4th DCA, February 23, 2011)
Fourth DCA Holds That Boyfriend's Prank Inducing Girlfriend To Jump Off Cliff Into Water Created Foreseeable Zone Of
Risk For Which He Could Be Held Liable
Posted April 25, 2011
Torts, Motor Vehicles—
Vargas v. Enterprise Leasing Co.,
36 FLW S187a (Fla. Apr. 21, 2011)
Supreme Court Confirms That Graves Amendments Pre-Empts §324.021(9)(b)2
And Eliminates Liability For Car Rental Companies Providing Short Term Leases-
Concludes That 324.021 Is Not A Financial Responsibility Law
Posted February 22, 2011
Torts, Trial & Evidence—
Fabregas V. North Miami Bakeries,
36 Fla. L. Weekly D363a (Fla. 3rd DCA, February 16, 2011)
Third DCA Relies Upon Exceptions To Independent Contractor Rules In Premises Liability Case
Posted January 26, 2011
Torts, Trial, Expert Witnesses, Discovery, Sanctions—
Heathrow Master Ass'n, Inc., v. Zulia,
36 FLW D108 (Fla. 5th DCA 2011)
Fifth DCA Grants Certiorari To Reverse Order Striking Defense Expert For Discover Issues
Posted December 27, 2010
Torts, Dismissal, Fraud On Court—
Wenwei Sun, Xiaofen Xu, and Yuetian Sun v. Gilberto Aviles and Manuel Irizarry,
- So.3d -, 35 Fla. L. Weekly D2861a, 2010 Fla. App. LEXIS 19156 (Fla. 5th DCA, December 17, 2010
Fifth DCA Upholds Dismissal Of Complaint Based On Fraud On The Court
Posted September 14, 2010
Torts—
Davies v. Commercial Metals Co.,
- So.3d - , 2010 WL 3446143, (Fla. 5th DCA, Sept. 3, 2010)
Fifth DCA Upholds Summary Judgment For Defendant On Negligent Selection Of An Independent Contractor Action Where
Plaintiff's Cause Of Action And Undisputed Facts Did Not Show Defendant Was Proximate Cause Of Plaintiff's Injury
Posted March 30, 2010
Torts—
Liberty Surplus Ins. Corp., Inc. v. First Indemnity Ins. Svcs., Inc.,
35 FLW 497 (Fla. 4th DCA, Mar. 3, 2010)
Fourth DCA Applies §522 Restatement (Second) Of Torts To Insurance Brokers; Rules That Insurance Broker Can Be
Liable To Insurance Company For His Negligent Or Intentional Misrepresentations Of Facts Material To Risks Assumed By Insurance Company
Posted January 15, 2010
Torts - Negligence—
Demelus v. King Motor Co.,
- - So.3d - - , 2009 WL 5126239 (Fla. 4th DCA December 30, 2009)
Fourth District Court Of Appeal Finds Unique Manner Of Stolen Vehicle Not Legally Foreseeable Thereby Precluding Liability
Posted January 14, 2010
Torts - Releases—
Tatman v. Space Coast Kennel Club, Inc., Et. Al.,
35 Fla. L. Weekly D76a (Fla. 5th DCA, December 31, 2009)
Fifth DCA Finds Exculpatory Clause Of A Release Form Ambiguous Because It Failed To
Define Whose Injuries Were Covered By The Exculpatory Clause
Posted January 5, 2010
Torts - Jurisdiction—
Charley D. Price v. John F. Kronenberger,
35 Fla. L. Weekly D78a (Fla. 5th DCA, December 31, 2009)
Fifth DCA Rules That Email to Florida Residents Constitutes Sufficient Minimum Contacts To
Support Personal Jurisdiction Over Out Of State Resident
Posted January 4, 2010
Torts - Auto Accident—
Gonzalez v. Claywell,
35 Fla. L. Weekly D88a (Fla. 1st DCA, Dec. 31, 2009)
First DCA Finds No Settlement Reached Where Unilateral Offer To Settle Specifically Identified Acceptable Release Terms,
Proposed Release From Defendant Deviated From Specific Terms, And Plaintiff Immediately Rejected Release
Posted November 13, 2009
Torts—
Bryant v. Tarman, 34 Fla. L. Weekly D2276a (5th DCA Nov. 6, 2009)
(no FLW Supp citation available at this time)
Fifth DCA Rules All Damages Claimed As A Result Of A Single Wrongful Act Must Be Sought In One Law Suit
Posted November 10, 2009
Torts—
Hanson v. Maxfield, 34 Fla. L. Weekly D2246a (1ST DCA, Oct. 30, 2009)
First DCA Finds Enforceable Settlement Agreement Despite Claim That Defendant Failed To Accept All Essential Terms