Recently, a Florida appeals court issued an opinion in a lawsuit brought by an injured cyclist against Pinellas County. Historically, sovereign immunity protects governmental entities and officials from lawsuits stemming from the performance of their official government duties. However, in the interest of fairness, the federal government (as well as…
Recently, an appellate court issued an opinion addressing whether Florida’s 1970 Pollutant Discharge Prevention and Control Act allows a plaintiff’s cause of action for personal injuries. The plaintiff worked for a Florida tow truck company and suffered injuries when he arrived at the scene of an accident between a truck…
When someone is injured in a Florida accident, the state’s law allows them to file a civil suit against the responsible party. If successful, plaintiffs may be able to recover monetary compensation to cover lost wages, pain and suffering, past and future medical expenses, loss of consortium, and even funeral…
Recently, an appellate court addressed an appeal in a Florida car accident case hinging on issues regarding the presumption of negligence in rear-end accidents. The plaintiff appealed a trial court’s ruling in favor of the defendant, who the plaintiff claimed rear-ended her vehicle. The accident allegedly occurred when the plaintiff…
Recently, an appellate court addressed whether a Florida plaintiff may recover uninsured motorist benefits after she suffered injuries at a mobile gym. According to the court’s opinion, the defendant ran a mobile gym out of his truck and trained the plaintiff for several years. To power the machines and equipment,…
A Florida appellate court recently issued a written decision in which it examined the summary judgment standard in a negligence case arising out of a traffic accident. According to the court’s opinion, the accident occurred at an intersection when a driver of a sports utility vehicle (SUV) was heading south…
In August, a state appellate court issued a written opinion in a Florida personal injury case discussing the statute of limitations for a negligence claim against a construction company. According to the court’s opinion, in 2012 the plaintiff was climbing up an attic ladder in his residence when it collapsed,…
In a recent opinion, an appellate court addressed the validity of exculpatory clauses in Florida personal injury lawsuits. The court certified a question to the Florida Supreme Court regarding the extent to which exculpatory clauses are enforceable. The issue stems from a contract dispute between a travel agency and a…
In April of 2019, a state appellate court issued a written opinion in a Florida personal injury case discussing whether the plaintiffs were properly allowed to amend their complaint to add a claim for punitive damages against the defendant. Ultimately, the court concluded that the trial court followed the required…
Among the various types of damages that may be available through a Florida personal injury are loss of consortium damages. These damages are unique in that they are not designed to compensate the victim for any of the injuries they sustained, but instead focus on providing the spouse of the…