Elderly woman being assisted to stand up and use a walker.

Does a Patient’s Fall at a Medical Facility Constitute Medical Malpractice, or Ordinary Negligence? Small Factual Distinctions Make a Big Difference

Under Florida law, the mere fact that a negligent act occurred in a medical setting does not make it medical negligence. The distinction is important, because vastly different laws and procedures apply to each class of claim. Most importantly, a condition precedent to bringing a medical negligence claim is compliance with the presuit screening and […]

Courtroom scene with lawyer arguing before jury.

Jury Selection: Odd Facts Lead to Rare Case Where Cause Challenge to a Juror Is Preserved Without a Final Objection to the Jury Panel and Without a Request for Additional Peremptory Challenges

In Sanchez v. GEICO Indem. Co. (Fla. 1st DCA July 22, 2019), an unusual series of events caused a juror to be improperly included on a panel. The First DCA affirmed the trial court’s granting of a new trial, despite the fact that the party opposing the juror did not make a final objection to […]

Construction worker working on a wood frame of a building under construction, with ladder nearby.

Construction Law: Because Attic Ladder is an Improvement To Real Property, Statute of Repose Applies

In Harrell v. The Ryland Group (Fla. 1st DCA Aug. 13, 2019), a homeowner was injured when an attic ladder collapsed underneath him. The homeowner sued the builder, alleging that the builder was negligent in its installation of the ladder. The builder moved for summary judgment, arguing that the homeowner’s claim was barred by the […]

Image of a semi truck traveling along a road at sunset.

Even With Clear Video Evidence, Summary Judgment Not Available If Video Contradicted By Witness Testimony

In Lopez v. Wilsonart (Fla. 5th DCA Jul 12, 2019), the Fifth DCA held that a trial court erred by granting summary judgment based upon video evidence. A question of fact existed because an eyewitness’s testimony differed from the video, even though the video completely contradicted an eyewitness’s testimony about the facts of the incident. […]

Legal book and document with scales of justice and gavel

Florida Supreme Court Strikes Fresh Blow Against Nitpicking Proposals For Settlement

In a recent opinion, the Florida Supreme Court held that proposals for settlement were not ambiguous despite failing to address separate claims brought against codefendants. With its holding, the majority opinion reiterated its policy of discouraging the “nitpicking” of proposals for settlement, and expressed the court’s continued frustration that proposals for settlement seem to create […]

Sheriff Not Liable For Damages Due to Failure to Corral Horse (Florida Litigation Appellate Opinions (February 1-5, 2016)

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, with a focus on opinions discussing civil procedure, appellate procedure, trial practice, evidence, commercial litigation, insurance litigation, technology, and personal injury litigation.  This article covers the week of February 1-5, 2016.  Click here to learn more about […]

Florida Litigation Appellate Opinions: First Amendment Victory for Florida Newspaper, and Strict Compliance Required For Proposals for Settlement (January 11-22, 2016)

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, with a focus on opinions discussing civil procedure, appellate procedure, trial practice, evidence, commercial litigation, insurance litigation, technology, and personal injury litigation.  This article covers the weeks of January 11-22, 2016.  Click here to learn more about […]

Florida Litigation Appellate Opinions: Banks are not liable for customer suicides, a personal injury case dismissed for a plaintiff’s false testimony, and insurance attorney fee issues (Week of November 16-20, 2015)

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, with a focus on opinions discussing civil procedure, appellate procedure, trial practice, evidence, commercial litigation, insurance litigation, and personal injury litigation.  This article covers the week of November 16-20, 2015. Click here to learn more about Scott Edwards’ […]