Recent Posts in The Week In Torts Category

The Week in Torts - Cases from the Week of August 10, 2018

Sep 11, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 32 CASES FROM THE WEEK OF AUGUST 10, 2018 SITTING EN BANC , THE THIRD DISTRICT HELD THAT IN ORDER FOR A CONTRACT TO BE RESCINDED ON THE BASIS OF UNILATERAL ...
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The Week in Torts - Cases from the Week of August 3, 2018

Sep 6, 2018 • Clark Fountain Staff

TRIAL COURT ERRED IN AWARDING A LESSER AMOUNT OF COSTS ASSOCIATED WITH FEE CLAIM BECAUSE ATTORNEY WAS AWARDED SIGNIFICANTLY LESS THAN THE AMOUNT HE SOUGHT--A PARTY WHO RECOVERS JUDGMENT IS ENTITLED TO ...
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The Week in Torts - Cases from the Week of July 27, 2018

Aug 31, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 31 CASES FROM THE WEEK OF AUGUST 3, 2018 TRIAL COURT ERRED IN AWARDING A LESSER AMOUNT OF COSTS ASSOCIATED WITH FEE CLAIM BECAUSE ATTORNEY WAS AWARDED ...
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The Week in Torts - Cases from the Week of July 27, 2018

Aug 24, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 30 CASES FROM THE WEEK OF JULY 27, 2018 DISMISSAL OF COMPLAINT TOO SEVERE A SANCTION FOR THE PLAINTIFF’S ATTORNEY’S FAILURE TO COMPLY WITH COURT ORDERS, WHEN THE ...
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The Week in Torts - Cases from the Week of July 20, 2018

Aug 7, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 29 CASES FROM THE WEEK OF JULY 20, 2018 TRIAL COURT APPLIED THE WRONG LEGAL STANDARD IN EVALUATING A MOTION FOR NEW TRIAL (PROPER STANDARD IS WHETHER THE JURY’S ...
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The Week in Torts - Cases from the Week of July 13, 2018

Aug 3, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 28 CASES FROM THE WEEK OF JULY 13, 2018 HIGHLY PREJUDICIAL AND INFLAMMATORY COMMENTS MADE BY INSURED’S COUNSEL BOTH IN CLOSING, AND DURING QUESTIONING OF THE ...
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The Week in Torts - Cases from the Week of July 6, 2018

Jul 31, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 27 CASES FROM THE WEEK OF JULY 6, 2018 THE FLORIDA SUPREME COURT RULES THAT AHCA MAY ONLY ASSERT A LIEN ON THE PAST MEDICAL EXPENSES PORTION OF A VICTIM’S TORT ...
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The Week in Torts - Cases from the Week of June 29, 2018

Jul 23, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 26 CASES FROM THE WEEK OF JUNE 29, 2018 TRIAL COURT ERRED IN DENYING DEFENDANT’S MOTION FOR DIRECTED VERDICT IN POWER EMPLOYEE’S CASE AGAINST POWER COMPANY ...
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The Week in Torts - Cases from the Week of June 22, 2018

Jul 19, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 25 CASES FROM THE WEEK OF JUNE 22, 2018 ORDER DENYING MOTION TO DISMISS ON GROUND OF SOVEREIGN IMMUNITY NOT APPEALABLE FOR FAILING TO RULE BASED ON SOVEREIGN ...
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The Week in Torts - Cases from the Week of June 15, 2018

Jul 11, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 24 CASES FROM THE WEEK OF JUNE 15, 2018 IN A DECISION WHICH ADMITS THAT “PATENCY VS. LATENCY” UNDER THE SLAVIN DOCTRINE IS GENERALLY A FACT QUESTION, THE COURT ...
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The Week in Torts - Cases from the Week of June 8, 2018

Jul 2, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 23 CASES FROM THE WEEK OF JUNE 8, 2018 TRIAL COURT ERRED IN DENYING DEFENDANT INSURER’S COUNSEL’S GENUINE ASSERTION OF HIS PEREMPTORY CHALLENGE OF AFRICAN-AMERICAN ...
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The Week in Torts - Cases from the Week of June 1, 2018

Jun 25, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 22 CASES FROM THE WEEK OF JUNE 1, 2018 SUFFICIENT EVIDENCE EXISTED TO ESTABLISH THE REASONABLENESS AND NECESSITY OF THE MEDICAL BILLS--TRIAL COURT DID NOT ABUSE ...
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The Week in Torts - Cases from the Week of May 25, 2018

Jun 15, 2018 • Clark Fountain Staff

A woman who was trapped and injured in an elevator sued the building owner as well as Schindler, alleging that the property owner had breached a common law duty to use reasonable care in the ...
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The Week in Torts - Cases from the Week of May 18, 2018

Jun 6, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 20 CASES FROM THE WEEK OF MAY 18, 2018 A MOTION TO ENLARGE THE TIME TO ACCEPT A PROPOSAL FOR SETTLEMENT DOES NOT AUTOMATICALLY TOLL THE 30-DAY DEADLINE FOR ...
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The Week in Torts - Cases from the Week of May 11, 2018

May 31, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 19 CASES FROM THE WEEK OF MAY 11, 2018 ERROR TO DENY A MOTION FOR SANCTIONS UNDER SECTION 57.105 ON THE BASIS THAT IT WAS NOT SERVED IN COMPLIANCE WITH EMAIL ...
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The Week in Torts - Cases from the Week of May 4, 2018

May 23, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 18 CASES FROM THE WEEK OF MAY 4, 2018 VERDICT AWARDING DAMAGES FOR PAST MEDICAL EXPENSES BUT NOTHING FOR PAST OR FUTURE PAIN AND SUFFERING WAS NOT LEGALLY ...
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The Week in Torts - Cases from the Week of April 27, 2018

May 16, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 17 CASES FROM THE WEEK OF APRIL 27, 2018 ERROR TO ADMIT INTO EVIDENCE, SUBSEQUENT TREATING PHYSICIAN’S DEPOSITION WHERE HE TESTIFIED HOW HE WOULD HAVE TREATED ...
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The Week in Torts - Cases from the Week of April 20, 2018

May 9, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 16 CASES FROM THE WEEK OF APRIL 20, 2018 ERROR TO AWARD ATTORNEY’S FEES PURSUANT TO A PROPOSAL FOR SETTLEMENT THAT WAS IN REALITY A JOINT PROPOSAL AND FAILED TO ...
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The Week in Torts - Cases from the Week of April 13, 2018

May 2, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 15 CASES FROM THE WEEK OF APRIL 13, 2018 COURT REVIEWS ARBITRATION AWARD IN MEDICAL MALPRACTICE CASE--AFFIRMS PART, REVERSES PART FINDING SOME NON-ECONOMIC DAMAGES ...
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The Week in Torts - Cases from the Week of April 6, 2018

Apr 25, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 14 CASES FROM THE WEEK OF APRIL 6, 2018 TRIAL COURT ERRED IN DENYING DEFENDANT PUBLIX’S MOTION FOR DIRECTED VERDICT, WHERE THERE WAS NO EVIDENCE ESTABLISHING THE ...
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The Week in Torts - Cases from the Week of March 30, 2018

Apr 18, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 13 CASES FROM THE WEEK OF MARCH 30, 2018 ERROR TO GRANT SUMMARY JUDGMENT IN FAVOR OF DEFENDANT DOG OWNER ON GROUNDS THAT SIGNS OUTSIDE THE DOG PARK LISTING RULES ...
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The Week in Torts - Cases from the Week of March 23, 2018

Apr 12, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 12 CASES FROM THE WEEK OF MARCH 23, 2018 ONE EXPERT PER SPECIALTY--WHAT TESTIMONY IS CUMULATIVE? Guiterrez v. Vargas, 43 Fla. L. Weekly S143 (Fla. March 22, 2018): ...
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The Week in Torts - Cases from the Week of March 16, 2018

Apr 4, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 11 CASES FROM THE WEEK OF MARCH 16, 2018 DISMISSAL OF PLAINTIFF’S CLAIM TOO HARSH A SANCTION WHEN PLAINTIFF HAD SURGERY BEFORE THE CME COULD BE COMPLETED. Faris v. ...
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The Week in Torts - Cases from the Week of March 9, 2018

Mar 28, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 10 CASES FROM THE WEEK OF MARCH 9, 2018 PROPOSAL FOR SETTLEMENT WAS UNTIMELY WHEN IT WAS SERVED LATER THAN 45 DAYS BEFORE THE FIRST DAY OF THE DOCKET ON WHICH THE ...
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The Week in Torts - Cases from the Week of March 2, 2018

Mar 21, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 9 CASES FROM THE WEEK OF MARCH 2, 2018 COURT HOLDS THAT THE TERMS OF RULE 1.442 CANNOT TRUMP THE TERMS OF THE OFFER OF JUDGMENT STATUTE (SECTION 768.79). Castillo ...
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