Recent Posts in The Week In Torts Category

The Week in Torts - Cases From the Week of April 26, 2021

May 4, 2021 • Clark Fountain Staff

Can't just take your word for it... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 15 CASES FROM THE WEEK APRIL 26, 2021 CERTIORARI GRANTED – TRIAL COURT APPLIED WRONG STANDARD IN ALLOWING PLAINTIFFS TO AMEND ...
Continue Reading
The Week in Torts - Cases From the Week of April 9, 2021

Apr 28, 2021 • Clark Fountain Staff

You need more ties to sue... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 14 CASES FROM THE WEEK APRIL 9, 2021 NO ABUSE OF DISCRETION IN DISMISSING SLIP AND FALL CASE THAT OCCURRED IN A HOTEL ROOM IN JAMAICA, ...
Continue Reading
The Week in Torts - Cases From the Week of April 2, 2021

Apr 21, 2021 • Clark Fountain Staff

Hmm, not race-based, really? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 13 CASES FROM THE WEEK APRIL 2, 2021 PLAINTIFFS’ VERDICT IN WRONGFUL DEATH CASE AFFIRMED – TRIAL COURT PROPERLY DENIED RACE-BASED ...
Continue Reading
The Week in Torts - Cases from the Week of March 26, 2021

Apr 14, 2021 • Clark Fountain Staff

Too soon... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 12 CASES FROM THE WEEK MARCH 26, 2021 DEFENDANT’S PROPOSAL FOR SETTLEMENT SERVED ON SECOND PLAINTIFF ELEVEN DAYS AFTER FIRST PLAINTIFF ADDED HER TO THE ...
Continue Reading
The Week in Torts - Cases from the Week of March 19, 2021

Apr 7, 2021 • Clark Fountain Staff

How many accidents? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 11 CASES FROM THE WEEK MARCH 19, 2021 NO ERROR IN TRIAL COURT INSTRUCTING JURY THAT MULTIPLE IMPACTS CAN CONSTITUTE ONE ACCIDENT, IF THERE IS ...
Continue Reading
The Week in Torts - Cases from the Week of March 12, 2021

Mar 31, 2021 • Clark Fountain Staff

Tomato/Tomahto FLORIDA LAW WEEKLY VOLUME 46, NUMBER 10 CASES FROM THE WEEK MARCH 12, 2021 TRIAL COURT ERRED IN DENYING MOVANT’S MOTION FOR CONTINUANCE TO ENABLE HIM TO CORRECT TECHNICAL DIFFERENCES ...
Continue Reading
The Week in Torts - Cases from the Week of March 5, 2021

Mar 24, 2021 • Clark Fountain Staff

A double blow FLORIDA LAW WEEKLY VOLUME 46, NUMBER 9 CASES FROM THE WEEK MARCH 5, 2021 COURT CLARIFIES THE MEANING OF THE PHRASE “FINAL JUDGMENT” IN A WRONGFUL DEATH CASE Hamblen v. Pilot Travel ...
Continue Reading
The Week in Torts - Cases from the Week of February 26, 2021

Mar 18, 2021 • Clark Fountain Staff

So you thought you could wait for a defense verdict, did you? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 8 CASES FROM THE WEEK FEBRUARY 26, 2021 TRIAL COURT ABUSED DISCRETION BY SETTING ASIDE JURY VERDICT ...
Continue Reading
The Week in Torts - Cases from the Week of February 19, 2021

Mar 10, 2021 • Clark Fountain Staff

Stick to the evidence, sir FLORIDA LAW WEEKLY VOLUME 46, NUMBER 7 CASES FROM THE WEEK FEBRUARY 19, 2021 PLAINTIFFS’ COUNSEL’S COMMENTS CASTING OPPOSING COUNSEL AND SOME OF THE WITNESSES AS LIARS, AND ...
Continue Reading
The Week in Torts - Cases from the Week of February 12, 2021

Mar 3, 2021 • Clark Fountain Staff

Are you their agent? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 6 CASES FROM THE WEEK FEBRUARY 12, 2021 ERROR TO GRANT FINAL SUMMARY JUDGMENT FOR HOSPITAL FINDING ALLEGEDLY NEGLIGENT PHYSICIAN NOT AN ...
Continue Reading
The Week in Torts - Cases from the Week of February 5, 2021

Feb 23, 2021 • Clark Fountain Staff

If it's vicarious, you better plead it! FLORIDA LAW WEEKLY VOLUME 46, NUMBER 5 CASES FROM THE WEEK FEBRUARY 5, 2021 PLAINTIFF MUST SPECIFICALLY PLEAD VICARIOUS LIABILITY TO AVOID SUMMARY JUDGMENT ...
Continue Reading
The Week in Torts - Cases from the Week of January 29, 2021

Feb 17, 2021 • Clark Fountain Staff

That ain't control… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 4 CASES FROM THE WEEK JANUARY 29, 2021 SUMMARY JUDGMENT FOR FRANCHISOR PROPER BECAUSE IT HAD NO LEGAL DUTY TO THE PLAINTIFF, AND COULD NOT BE ...
Continue Reading
The Week in Torts - Cases from the Week of January 22, 2021

Feb 10, 2021 • Clark Fountain Staff

We see right through you… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 3 CASES FROM THE WEEK JANUARY 22, 2021 COURT REVERSED FOR A NEW TRIAL FINDING THE TRIAL COURT SHOULD NOT HAVE ALLOWED THE STATE TO ...
Continue Reading
The Week in Torts - Cases from the Week of January 15, 2021

Feb 3, 2021 • Clark Fountain Staff

To amend for punies you need a reasonable basis FLORIDA LAW WEEKLY VOLUME 46, NUMBER 2 CASES FROM THE WEEK JANUARY 15, 2021 SUCCESSOR JUDGE PROPERLY RECONSIDERED PREDECESSOR JUDGE'S DENIAL OF MOTION ...
Continue Reading
The Week in Torts - Cases from the Week of January 8, 2021

Jan 27, 2021 • Clark Fountain Staff

There is a new summary judgment standard in town FLORIDA LAW WEEKLY VOLUME 46, NUMBER 1 CASES FROM THE WEEK JANUARY 8, 2021 FLORIDA PREPARES TO ADOPT FEDERAL SUMMARY JUDGMENT STANDARD—COURT ADVISES IT ...
Continue Reading
The Week in Torts - Cases from the Week of December 25, 2020

Jan 18, 2021 • Clark Fountain Staff

The future is uncertain FLORIDA LAW WEEKLY VOLUME 45, NUMBER 51 CASES FROM THE WEEK DECEMBER 25, 2020 NO ABUSE OF DISCRETION TO DENY ADDITUR AND MOTION FOR NEW TRIAL BASED ON ZERO VERDICT FOR FUTURE ...
Continue Reading
The Week in Torts - Cases from the Week of December 18, 2020

Jan 12, 2021 • Clark Fountain Staff

Are we bound for more Joerg erosion? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 50 CASES FROM THE WEEK DECEMBER 18, 2020 TRIAL COURT DID NOT ERR IN LIMITING PLAINTIFF’S EVIDENCE OF PAST MEDICAL EXPENSES TO ...
Continue Reading
The Week in Torts - Cases from the Week of December 11, 2020

Jan 5, 2021 • Clark Fountain Staff

Excusable neglect or you just didn't act? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 49 CASES FROM THE WEEK DECEMBER 11, 2020 TRIAL COURT ABUSED DISCRETION IN GRANTING RULE 1.540(b) MOTION TO VACATE DEFAULT ...
Continue Reading
The Week in Torts - Cases from the Week of December 4, 2020

Dec 21, 2020 • Clark Fountain Staff

Arrivederci Times New Roman! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 48 CASES FROM THE WEEK DECEMBER 4, 2020 COURT ADOPTS AMENDMENTS TO APPELLATE RULES. In re: Amendments to Florida Rules of Appellate ...
Continue Reading
The Week in Torts - Cases from the Week of November 27, 2020

Dec 15, 2020 • Clark Fountain Staff

Not enough contact, I'm afraid FLORIDA LAW WEEKLY VOLUME 45, NUMBER 47 CASES FROM THE WEEK NOVEMBER 27, 2020 ERROR TO FIND PERSONAL JURISDICTION UNDER THE FACTS. Piazenko v. Pier Marine Interiors, 45 ...
Continue Reading
The Week in Torts - Cases from the Week of November 20, 2020

Dec 9, 2020 • Clark Fountain Staff

Fees, fees, fees.. FLORIDA LAW WEEKLY VOLUME 45, NUMBER 46 CASES FROM THE WEEK NOVEMBER 20, 2020 COURT FINDS AWARD OF ATTORNEYS’ FEES EXCESSIVE—ALSO RULES THAT COURT MISAPPLIED MULTIPLIER Universal ...
Continue Reading
The Week in Torts - Cases from the Week of November 13, 2020

Nov 30, 2020 • Clark Fountain Staff

More bombs in the minefield FLORIDA LAW WEEKLY VOLUME 45, NUMBER 45 CASES FROM THE WEEK NOVEMBER 13, 2020 COURT REMITS LEGAL MALPRACTICE VERDICT FINDING THAT ONLY A FRACTION OF IT WAS COLLECTABLE ...
Continue Reading
The Week in Torts - Cases from the Week of November 6, 2020

Nov 24, 2020 • Clark Fountain Staff

Sometimes, what's in writing isn't enough FLORIDA LAW WEEKLY VOLUME 45, NUMBER 44 CASES FROM THE WEEK NOVEMBER 6, 2020 REVERSIBLE ERROR FOR THE TRIAL COURT TO EXCUSE EIGHT PROSPECTIVE JURORS BASED ...
Continue Reading
The Week in Torts - Cases from the Week of October 30, 2020

Nov 16, 2020 • Clark Fountain Staff

Which court are we in again?! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 43 CASES FROM THE WEEK OCTOBER 30, 2020 ORDER GRANTING MOTION TO AMEND COMPLAINT TO ADD CLAIM FOR PUNITIVE DAMAGES IMPERMISSIBLY USED ...
Continue Reading
The Week in Torts - Cases from the Week of October 23, 2020

Nov 10, 2020 • Clark Fountain Staff

That's enough time... FLORIDA LAW WEEKLY VOLUME 45, NUMBER 42 CASES FROM THE WEEK OCTOBER 23, 2020 COURT REVERSED ORDER GRANTING PLAINTIFF A NEW TRIAL AFTER THE TRIAL JUDGE LIMITED VOIR DIRE TO ONE ...
Continue Reading

Page of 15