Wrongful Death

Posted August 2, 2011
Wrongful Death—        
Pep Boys et al v. Bievenida,
36 Fla. L. Weekly D1117a (Fla. 4th DCA June 1 2011)
Fourth DCA Addresses Venue Issues In Case In Which Parties And Witnesses Resided In Various Counties— Concludes That Convenience Of The Witnesses And Interests Of Justice Were Most Important Factors

Posted June 20, 2011
Wrongful Death, Negligence—        
Trevino v. Mobley,
36 FLW D1245a (Fla. 5th DCA June 10, 2011)
Fifth DCA Finds That Negligent Entrustment Claims Had Potential To Increase Defendant's Liability Because Of Liability Cap Established In S. 324.021, And Thus Claims Should Have Been Allowed To Proceed

Posted March 3, 2011
Wrongful Death—        
Searcy v. Zawackis,
36 FLW D343c (Fla. 4th DCA, February 16, 2011)
Fourth DCA Reverses Summary Final Judgment Where Defendants Did Not Meet Their Burden Of Showing The Absence Of Any Genuine Issue Of Material Fact

Posted January 3, 2011
Wrongful Death—        
Greenfield v. Daniels,
35 Fla. L. Weekly S685a (Fla. Nov. 24, 2010)
A Survivor Claim May Be Brought By A Decedent's Biological Child Where The Mother Was Married To Another Man At The Time Of The Child's Conception And Birth

Posted October 8, 2010
Medicare Secondary Payor Act, Settlement—        
Bradley v. Sebelius,
22 FLW FED C1463 (11th Cir. Sept. 29, 2010)
Eleventh Circuit Rules That Probate Court's Determination Of The Value Of Survivor Claims Under Florida Wrongful Death Act And Apportionment Of Undifferentiated Settlement Of Wrongful Death Claim For Purposes Of Allocating Amount Of Settlement Attributable To Medical expenses Would Be Upheld for Purposes Of Determining Amount Owed To Medicare Under Medicare Secondary Payor Statute

Posted March 24, 2010
Wrongful Death—        
Francis, et al v. School Bd. of Palm Beach County,
2010 WL 785847,35 Fla. L. Weekly D559a (Fla. 4th DCA March 10, 2010)
Fourth District Court Of Appeal Finds School Board Owes No Duty To Children Walking To the Bus Stop

Posted March 2, 2010
Wrongful Death—        
Estate of Caulie Jackson Murray v. Delta Health Group, Inc. and Antone,
35 Fla. L. Weekly D425a (Fla. 2d DCA, February 19, 2010)
Trial Court Abused Its Discretion In Allowing Expert Witness to Render An Opinion That Applies A Legal Standard