Although the law is fundamentally concerned with justice, justice often requires that a party take timely action to redress her harm. Indeed, negligence cases are subject to various statutes of limitations, and many would-be litigants have gone to court only to find that their claims, irrespective of their merits, have…
One of the most common arguments on appeal following a trial is whether evidence was erroneously presented to the jury. Although inappropriate evidence can affect a jury’s determination, appeals courts are wary to allow a new trial in every case that involves an evidentiary ruling with which it disagrees. Accordingly, the…
In a recent decision, Jones v. Alayon, Florida’s Fourth District Court of Appeal addressed several questions arising from trial in an auto accident negligence case. At trial, the jury found that the decedent was, in part, responsible for his death because the evidence established he had not been wearing a…
Following the initiation of a personal injury suit, many defendants will start to conduct covert surveillance of the plaintiff in hope of uncovering evidence that can later to used to impeach inconsistent testimony. Beyond obvious privacy concerns, the production and use of surveillance footage raises numerous legal issues related to…
We generally associate vehicular accidents with the negligence of one of the drivers, but in certain circumstances fault may be attributable to the acts or omissions of a third party. Third-party liability for a death resulting from a Pembroke Pines auto accident is the central topic in a recent decision from…
Although a defendant’s ability to pay or otherwise satisfy a plaintiff’s judgment is always of paramount concern in litigation, this issue can be further complicated when the defendant files for bankruptcy during the pendency of a case. Indeed, although a defendant’s motor vehicle insurer is often obligated to pay all…
Although a driver having an unanticipated seizure and slamming her vehicle into the vehicle of someone else sounds more like a TV drama than the facts of an actual case, the facts underlying the Second District Court of Appeal’s recent decision in Marcum v. Hayward show that situations that sound imaginary can indeed…
Uninsured or underinsured motorists are not an uncommon problem in Florida. A recent study conducted by the Insurance Research Council showed that in 2012 Florida ranked second in the nation in the number of uninsured drivers, with approximately 3.2 million of the state’s drivers being uninsured at the time. In…
The dangerous instrumentality doctrine is a long-established principle of tort law. Under this doctrine, a person with a property interest in a vehicle is vicariously and strictly liable for the injuries that result from negligent operation of that vehicle by a person to whom he or she granted custody of…
As the Fourth District Court of Appeal’s opinion in Marina Dodge, Inc. v. Quinn demonstrates, sometimes the hardest part of a lawsuit is getting the opposing party in court. In Quinn, the Court of Appeals found that the courts of Florida could not exercise personal jurisdiction over two New York…