In a recent case, the District Court of Appeal of the State of Florida Fifth District issued an opinion in an appeal in a slip and fall case between Dollar General, the defendant, and Kimberly Doty, the plaintiff and customer of the store. The suit resulted from an incident where the plaintiff slipped and fell as she entered the Dollar General store. On July 3, 2017, a Dollar General store in Port Orange displayed seasonal merchandise in two “U-boats”—carts shaped like hotel baggage carriers—outside the store’s entrance. When it started raining that afternoon, Dollar General employee Barbara R ..read more

Recently, the district court of appeals for the State of Florida Fifth District issued an opinion in an appeal involving a claim by the Appellant, Nekeisha Wilson, who petitioned for benefits from the Appellee, the Florida Birth Related Neurological Injury Compensation Association (“NICA”). Ms. Wilson and NICA agreed that the Appellant’s daughter experienced “some degree of birth-related oxygen deprivation,” but disagreed about whether the oxygen deprivation caused a brain injury that rendered the child permanently and substantially impaired. The parties stipulated that the sole legal issue fo ..read more

Recently, the district court of appeals for the State of Florida Sixth District issued an opinion in an appeal involving an insurance claim between Rosemary Arway and the Progressive American Insurance Company (Progressive). The trial court entered summary judgment against Arway on the grounds that her claim for underinsured motorist (UM) benefits under an insurance policy issued by Progressive was time-barred by a five-year statute of limitations running from the date of Arway’s collision with an underinsured, third-party tortfeasor. Progressive’s insurance contract with Arway, however, tolle ..read more

In a recent appeals case, the United States Court of Appeals for the Eleventh Circuit deferred an opinion for an appeal involving an application of Florida tort law to a dispute resulting from the collapse of a crane boom. The case was between the Plaintiff-Appellee, NBIS Construction & Transport Insurance Services, Inc. (NBIS), and the Defendants-Appellants, Liebherr-America, Inc. (Liebherr-America). NBIS, the third-party administrator and managing general agent of the insurer of the crane’s owner, recovered over $1.7 million, in a negligence suit against Liebherr-America. At the bench tr ..read more

In a recent case, the District Court of Appeals of the State of Florida Fifth District issued an opinion in an appeal involving a premises liability action arising from a slip-and-fall incident at a Wal-Mart store. The suit was between Sandra Leftwich, the Appellant, and Wal-Mart Stores East, LP (“Walmart”) and Thomas Schoendorf., the Appellees, arising from an incident where Leftwich slipped and fell in the Walmart. Facts of the Case The issue arose when Leftwich went to a Walmart location to shop and slipped on what she described as a clear liquid on the floor of the store. Video footage fai ..read more

Recently, the district court of appeals for the State of Florida Fifth District issued an opinion in an appeal involving a negligence claim by the Appellant, Carol Ann Kulzer, who claimed injuries and damages in her suit against the Appellees, Greenleaf Trust, and an employee, Sarah Marie Way. Ms. Way was running errands related to her employment with Greenleaf, such as inspecting and readying condominium units for sale when she stopped for lunch. Following lunch, she was heading back to a condominium for a business meeting when she negligently collided her car into the car driven by Ms. Kulze ..read more

In a recent appeals case, the District Court of Appeals of the State of Florida Third District produced an opinion for an appeal involving sovereign immunity for Miami-Dade County in a vicarious suit alleging that a bus driver acted in a manner exhibiting wanton and willful disregard of rights or safety. The plaintiff, Michael Polanco, sued a bus driver, and her employer, Miami-Dade County following an incident where he was hit by a bus. Polanco was riding as a passenger on a Miami-Dade County bus. When the bus pulled over at a scheduled stop, there was a heated exchange between Polanco and th ..read more

Recently, the district court of appeals for the State of Florida Fourth District issued an opinion in an appeal involving a hit-and-run liability claim by plaintiff Alicia McKee against defendant Crestline Hotels & Resorts, LLC d/b/a Hilton Singer Island Oceanfront/Palm Beaches (Crestline). The case arises from a hit-and-run auto accident that seriously injured the plaintiff and killed her husband. The plaintiff sought to impose liability against Crestline on a theory of respondeat superior—that the accident was caused by a Crestline employee acting within the scope of his employment. The ..read more

Recently, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a negligence claim for an injury sustained on a cruise ship. The plaintiff, Carelyn Fylling, sued the Defendant, Royal Caribbean Cruises, Ltd., after Fylling tripped, fell, and struck her head while entering deck five of Royal Caribbean’s Harmony of the Seas cruise ship. Following jury selection and the opening arguments at trial, the district court became aware that one of the impaneled jurors, Juror Eight, had a niece who worked for the Royal Caribbean Cruises. The district court di ..read more

In a recent case, the Third District Court of Appeals in Florida issued an opinion in an appeal involving a negligence case between plaintiffs, Anny K. Berastain and her daughter, Natalie, and the defendant, Miami-Dade County (the County). The plaintiffs filed a negligence action following injuries suffered by Natalie while she was in the care of the County’s after-school program. The trial court denied the County’s motion for a directed verdict, new trial, and remittitur. The County then appealed following a final judgment after a jury verdict in favor of the plaintiffs. The appellate court w ..read more