Florida Personal Injury Caselaw Category Archives - Page 8 of 14 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Information of Subsequent Accident Admissible in Florida Car Wreck Case

Published on: December 9, 2015 | by Law Offices of Robert Dixon

In Maniglia v. Carpenter, two men were involved in a car wreck on a Florida highway. The accident allegedly took place when the left front part of one car hit the right rear part of another car while changing lanes. The parties disagreed about the severity of the accident. The defendant and his passenger asserted that the accident was minor, whereas the plaintiff claimed that the accident was severe.

On the day after the crash, the plaintiff went to a chiropractor for neck and back injuries. An x-ray revealed that there were no injuries except for normal “wear and tear,” with no indication of an acute injury. As a result, the chiropractor did not place any work restrictions on him.

Approximately one month later, the plaintiff crashed into a car while driving a golf cart. He was thrown from the cart and was then involved in a physical altercation with the police. Reports indicated that he was intoxicated when this incident took place.

Jurisdiction Issue in Florida Product Liability Case

Published on: November 19, 2015 | by Law Offices of Robert Dixon

Product liability cases are complex, and they can become even more complicated when a foreign company is involved. At the Law Offices of Robert Dixon, our Miami product liability lawyers understand the nuances of this area of law and can put our knowledge to use in your case.

In Teva Pharmaceutical Industries v. Ruiz, a Florida resident was seriously and permanently injured after the propofol administered to him was contaminated with dangerous bacteria. The medication was manufactured by an Israel-based drug maker known as Teva Pharmaceutical Industries. The man sued the drug company for his harm.

The drug manufacturer responded by filing a motion to dismiss based on lack of personal jurisdiction. The issue in the case became whether a plaintiff can sue a foreign drug manufacturer when the incident took place in Florida.

Florida’s Fifth District Rules for Plaintiff in Car Accident Case

Published on: October 28, 2015 | by Law Offices of Robert Dixon

Unfortunately, rear-end accidents take place every day in Florida and throughout the United States. Florida’s Fifth District Court of Appeal recently decided a case involving a rear-end collision.

In Bodiford v. Rollins, the plaintiff was waiting to make a left turn at an intersection when he was struck by the defendant’s car from the back. The plaintiff’s left turn signal was on, and he was lawfully stopped in order to turn into a local gas station.

The plaintiff sustained serious injuries as a result of the crash.

Medical Malpractice Standard Clarified by Florida Supreme Court

Published on: October 21, 2015 | by Law Offices of Robert Dixon

When a patient is sick, it often takes a variety of medical professionals to diagnose and treat the condition. It is not uncommon for physicians, nurses, specialists, and others to be involved in a particular case. When a medical error is made, however, determining liability can be challenging. At the Law Offices of Robert Dixon, our injury lawyers understand the meticulousness with which medical malpractice cases must be handled.

A recent case that dealt with the issue of causation is Saunders v. Dickens. In that case, the patient went to a neurologist for numbness, cramps, and tingling in his extremities. The neurologist concluded that the patient’s symptoms were caused by diabetes but did not do any testing to confirm. The neurologist ordered an MRI and found issues with the spinal canal. The neurologist consulted with a neurosurgeon, who stated that a decompression procedure needed to happen. The neurosurgeon performed the procedure, but the patient’s condition did not get better.

It turned out that the patient had cervical cord compression – a condition that ultimately led the patient to suffer from quadriplegia and die. A medical malpractice lawsuit was filed against the treating physicians.

Driver’s Personal Auto Insurance Not Liable for Death of Florida Baby in Daycare Vehicle

Published on: October 14, 2015 | by Law Offices of Robert Dixon

Leaving children at a daycare can be a tough decision for many parents. However, for many working parents, daycare is the only option. When parents make this decision, they expect their children will be taken care of. Unfortunately, this does not always happen. If your child has been hurt or killed due to a careless daycare facility, it is important to speak to a qualified Miami injury attorney who can help you get the justice you deserve.

In Bryant v. Windhaven Insurance Co., a van driver employed by a local daycare picked up an infant and other children to take to the daycare center. When he arrived at the daycare, he took all the children inside except for the infant. The driver had forgotten the infant was in the car. The infant remained in the vehicle for several hours and died as a result of the summer heat.

Following the tragic incident, the deceased infant’s parents filed a wrongful death claim against the daycare, the daycare’s landlord, and the driver of the van. The driver pursued defense and coverage from his personal auto insurance policy, despite the fact that the death took place in the daycare’s van. The driver’s insurer approved coverage but did so under a reservation of rights, meaning the insurance company reserved the right to deny coverage at a later time.

Florida Federal Court Declines to Remand Personal Injury Case Back to State Court

Published on: September 25, 2015 | by Law Offices of Robert Dixon

In Derringer v. Cracker Barrel Old Country Store, Inc., a woman suffered an injury when an employee of a Cracker Barrel restaurant negligently struck her with a serving tray of food. She subsequently filed a lawsuit against Cracker Barrel in Florida state court. Some time later, the restaurant removed the case to federal court on the basis of diversity of citizenship.

Under civil procedure rules, when a lawsuit includes parties from two different states, and the amount of damages in the lawsuit is in excess of $75,000, either party has the choice to remove the case to federal court. The party who opts to remove has the burden of establishing that the removal is appropriate. When that party meets its burden, the case must be removed. It is significant to note that removal statutes are to be strictly construed against removal. This means that if there is any doubt as to proper subject matter jurisdiction, it should be resolved against removal.

Slip and Fall Lawsuit Against Cruise Ship in Miami-Dade County Dismissed for Not Being Filed on Time

Published on: September 16, 2015 | by Law Offices of Robert Dixon

In Pettit v. Carnival Corp., the plaintiff was a passenger on a Carnival Breeze ship when she was hurt in a slip and fall accident. The incident took place on September 24, 2013. Before embarking on the ship, the plaintiff completed a standard Guest Ticket Contract Acknowledgment, agreeing to the clause that any future personal injury claims would be filed within one year in the Southern District of Florida. Specifically, the contract stated that any personal injury claim “shall not be maintainable unless filed within one year after the date of injury.”

On September 12, 2014, 12 days prior to the one-year time limit of the statute of limitations, the plaintiff filed a lawsuit in the state court for Miami-Dade County, Florida. Additionally, the plaintiff did not serve the cruise company until November 2014. On December 1, 2014, Carnival filed a motion to dismiss the lawsuit based on the terms of the contact. Approximately two weeks later, the plaintiff filed her claim in federal court in Miami, Florida. Carnival responded by requesting the court grant its motion for summary judgment on the basis of the expired statute of limitations.

Eleventh Circuit Makes Evidentiary Ruling in Florida Slip-and-Fall Case Involving Expert Testimony

Published on: August 31, 2015 | by Law Offices of Robert Dixon

Earlier this month, the Eleventh Circuit Court of Appeals heard an appeal from a slip-and-fall case that arose out of the Southern District of Florida. In the case of Sorrels v. NCL, the plaintiff was injured in a slip-and-fall accident as a customer aboard the defendant’s cruise liner. The plaintiff and her husband sued the cruise line for negligence in failing to maintain safe conditions aboard the boat.

The Facts at Trial

At trial, the evidence showed that the plaintiff slipped on the deck of the cruise ship after it had rained. As she slipped, she put her wrist down to lessen the blow to her body and ended up fracturing her wrist. To help prove their case of negligence against the cruise line, the plaintiffs called an expert witness to testify regarding the coefficient of friction (COF) on the ship deck. A COF is a scientific term used to measure how slippery a surface is: the higher the number, the less slippery the surface.

The expert conducted some tests on the very same deck the plaintiff slipped on, although the tests were not performed until roughly a year and a half after the accident. However, to mimic the exact conditions of the deck on the day of the accident, the expert did conduct the tests after a rainfall.

Duty to use AED by Florida School – Limones v. Lee County School District

Published on: August 17, 2015 | by Law Offices of Robert Dixon

In the state of Florida, automated external defibrillators (AED) are required at all schools that partake in the state athletic association. Furthermore, the state requires anyone who might use such a device to be trained on how to use it properly.

In the case of Limones v. School District of Lee County, a student’s family filed a lawsuit against the school district after their son died after collapsing during a soccer game. The family alleged that the school violated its statutory and common law duty by not using the AED to treat the student.

The student was 15 years old and was playing soccer in a competition at a neighboring school in the same county. During the game, the student collided with another player and immediately collapsed. Moments later, it was evident that the student was not getting up. The coach went to check on the student. The student still did not get up. The coach tried to converse with the student for an estimated three minutes until the student stopped breathing and lost consciousness.

Clarifying Amendment 7 of Florida Constitution – Bartow HMA, LLC v. Edwards

Published on: August 17, 2015 | by Law Offices of Robert Dixon

When we seek medical help, we expect to get better, not worse. Unfortunately, medical mistakes are common, and patients often suffer harm at the hands of the very medical professionals they trust with their health. Medical malpractice occurs when a health care professional makes a medical error that results in harm to the patient. In medical malpractice cases, the health care professionals involved likely created a record of the incident.

In Bartow HMA, LLC v. Edwards, the plaintiff filed a medical malpractice case against the physician who removed her gall bladder as well as the hospital, alleging the hospital was responsible for the injuries caused by the physician, nurses, and other hospital personnel when she was injured during surgery.

The plaintiff asked the hospital for all the documents from the five years prior to the surgery relating to the investigation or review of the physician’s care of any patient and all documents pertaining to the investigation or review of her treatment or care.