Recent Posts in Case Law Category

Case Law Update On Exculpatory Clauses

Action against state university Athletics Association by parents of university football player who collapsed and died during football practice after participating in a series of conditioning drills. ...
Continue reading "Case Law Update On Exculpatory Clauses" »

Case Law Update On Permanent Injuries In Car Accident Cases

On May 19, 2011, the Florida Supreme Court issued its decision in the case of Wald v. Grainger, 36 Fla.L.Weekly S211b (Fla. May 19, 2011). The Supreme Court held that although the determinations about ...
Continue reading "Case Law Update On Permanent Injuries In Car Accident Cases" »

Issue of Fact Defeats Presumption of Negligence In Rear End Collision Car Accident

On May 6, 2011, the 2nd District Court of Appeals held that it was error to enter summary judgment in favor of defendant, whose vehicle was rear-ended by vehicle driven by plaintiff, based on ...
Continue reading "Issue of Fact Defeats Presumption of Negligence In Rear End Collision Car Accident" »

No Short Term Lessor Vicarious Liability In Florida.

Florida Statute Section 324.021(9)(b)2 imposes vicarious liability on short-term lessors of motor vehicles but places caps on the amount of damages for which short-term lessors can be held vicariously ...
Continue reading "No Short Term Lessor Vicarious Liability In Florida." »

Claims Handling Tactic De Jour ... "Shaving Liability"

"The other driver caused the accident. Why is his/her insurance company not paying the full amount to repair my damaged or totaled car?" This is a question we hear repeatedly in our representation of ...
Continue reading "Claims Handling Tactic De Jour ... "Shaving Liability"" »

Attendance at CME condition precedent to UM suit and recovery of policy benefits

In State Farm Mut. Auto. Ins. Co. v. Curran, 36 Fla. L. Weekly D195b (Fla. 5th DCA 2011), the Fifth District Court of Appeals held that an insured who refused to attend a compulsory medical ...
Continue reading "Attendance at CME condition precedent to UM suit and recovery of policy benefits" »