Driving With a Cold: Just as Bad as Driving Drunk?

Anyone can catch a cold year-round, but people are most susceptible to the common cold during the winter months, as colder, drier air more easily spreads germs among those indoors. Most people don’t think much of going about their day with the common cold. However,… read more

Hall v. Flannery – New Trial for Wrongful Death Plaintiff After Faulty Expert Witness Testimony

An expert witness in a wrongful death lawsuit was not properly vetted by the trial court before making key assertions about decedent’s cause of death, the U.S. Court of Appeals for the Seventh Circuit recently ruled. That means the plaintiff, who alleged her teen daughter died due… read more

Collateral Source Benefits From Government Sources Weighed in Smith v. Mahoney

Florida law generally does not allow defendants in personal injury lawsuits to present evidence of collateral benefits plaintiffs receive from third parties. These would include benefits like health insurance or workers’ compensation. The concern is that such evidence might confuse the jury. Still, F.S. 768.76 requires… read more

Deaths in Teen Driver Crashes Spike After Years on Decline

The number of people dying due to teen driver negligence is on the rise for the first time in a decade, reports the AAA automobile club and the Governors Highway Safety Association. In fact, this figure has shot up 10 percent in just a year.  This… read more

Goodwin v. Al J. Schneider Co. – Hotel Slip-and-Fall Injury Lawsuit

Florida is a major tourism industry hub, drawing more than $80 billion a year. Hotels, motels, resorts and other property owners get a huge chunk of that. In return, they are expected to provide a reasonably safe space for guests. Courts have grappled with how… read more

Rogers v. Martin – Liability for Injury of Party Guest

As we head into the holiday season, many individuals and families will be hosting gatherings where they will invite loved ones, friends and acquaintances. Party hosts should be aware that when they invite people onto their property, they assume a degree of responsibility for the… read more

Martin v. Powers – Rental Car Company Liability for Injury

Since the Graves Amendment was enacted into federal law, rental car companies have been able to evade any vicarious liability for the negligent actions of their drivers. That means if you’re injured by someone driving a rental car, you can’t hold the owner of the… read more

Cardiologist Seeks $27M From Doctor for Brain Damage During Electroshock Treatment

A South Florida cardiologist is seeking to recover damages for devastating injuries he reportedly suffered during a botched electroshock therapy session. According to Courtroom View Network, plaintiff in Dadi v. Sharma is asking defendant psychiatrist to pay $27 million in damages.  During opening statements, as broadcast gavel-to-gavel… read more

Erie Insurance v. Larose – Jurisdiction for Florida Auto Accident Claim

Generally speaking, Florida state courts have the authority and the jurisdiction to oversee civil lawsuits pertaining to car accidents that happen in this state. However, as the recent case of Erie Insurance v. Larose reveals, a tricky matter of personal jurisdiction of an insurer may… read more

Best Buy to Pay $4M Penalty For Knowingly Selling Recalled Products

Over the course of five years, electronics retail giant Best Buy sold hundreds of recalled products to customers off store shelves and online – a violation of federal law, as well as a serious risk to unwitting customers.  Now, the U.S. Consumer Product Safety Commission has… read more

Report: Xarelto Maker, Suppliers Facing 9,000+ Lawsuits

The manufacturer and distributors of blood-thinning drug Xarelto are, as of this juncture, facing more than 9,000 personal injury and wrongful death lawsuits – and more are continuing to pile up.  Defendants Bayer AG (a German company) and distributor Janssen Pharmaceuticals (a U.S. company that… read more

Shopping Cart Injury Results in $1.3 Million Jury Award

There has been much news lately about defective or dangerous products that may cause injury – Exploding airbags. Exploding phones. Exploding hoverboards. These concerns are legitimate, but the products that cause the most injuries are those that are seemingly much more benign. Take shopping carts, for example…. read more

Schaefer v. Universal Scaffolding – Remedy for Spoliation of Evidence in Injury Lawsuit

Central to every injury lawsuit in Florida is the evidence. The truth is important, of course, but in the end, it’s more about what you can prove. That’s why motions to suppress are so important – if one party can suppress evidence from another, they… read more

Chang v. Carnival Corp. – Cruise Ship Slip-and-Fall Lawsuit Dismissed Time Limits, Improper Forum

Statutes of limitations are pertinent to any personal injury lawsuit filed. Although these limits vary from state-to-state, the purpose is to avoid giving those injured an unlimited window in which to file a claim. In Florida, F.S. 95.11 allows for up to four years to… read more

$24 Million Car Accident Settlement Against “Good Samaritan” Driver

Three years ago, Rebecca Forkey was a 24-year-old woman heading to the gym, training for a bodybuilding competition. Little did she know, her physical fitness is likely what kept her alive in a car accident that would have killed most people, her doctors now say. … read more

Murphy v. Roth – Juror Social Media Use Scrutinized

American users of smartphones (which is almost everyone at this point) are rarely without these devices. According to Mashable Tech, the average person spends about three hours daily socializing on social network applications on their mobile devices – which is more than twice the amount of time… read more

Florida Supreme Court Nixes Nursing Home Arbitration Agreement

The Florida Supreme Court has settled a dispute among appellate courts in the state over whether nursing home defendants may compel arbitration in cases where the agreement was signed by a friend or family member. Essentially, unless there has been a court order investing that… read more

Social Media Posts May Damage Sharpton Daughter’s Injury Lawsuit

Dominique Sharpton, daughter of American civil rights activist Al Sharpton, has come under fire after a number of social media posts emerged showing her hiking, dancing in high heels and traveling to Miami. None of this would likely be noteworthy to the public, except for… read more

Treadmill and Gym Injuries Offsetting Exercise Benefits, CPSC Says

Getting a workout is supposed to be beneficial to our health. However, there is growing evidence that certain equipment at the gym could be offsetting some of those benefits.  Every single year, thousands of Americans are suffering serious injuries – including torn muscles, strained backs… read more

Smotherman v. Cass Regional Medical Center: “No Court Can Guarantee Perfect Trial”

A slip-and-fall accident plaintiff in Missouri sought a retrial after learning that a juror who weighed her case engaged in misconduct by Googling the weather on the exact day of her injury. The Missouri Supreme Court, in its review of Smotherman v. Cass Regional Medical… read more