Delivery vans photographed on a roadway.

Plaintiff’s Counsel Allowed to Take Third Deposition of Witness, Because Plaintiff was not a Party to Prior Law Suit

In Clarke v. Coca-Cola Refreshments USA, Inc. (Fla. 3d DCA Sept. 4, 2019), the Third District Court of Appeal held that a Plaintiff was entitled to take a witness’s deposition, even though Plaintiff’s counsel had already taken two lengthy depositions of the witness in a previous action brought by other plaintiffs. In this case, a […]

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 […]

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. […]

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 […]