Florida Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Florida or Court of Appeals of Florida where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Enterprise Leasing Co. v. Sosa - 7/20/2005
Before GREEN and RAMIREZ, JJ., and SCHWARTZ, Senior Judge.
Enterprise Leasing Company appeals the trial court's $227,000.00 amended final judgment entered against Enterprise. Enterprise also appeals the trial court's $6,000.00...
Matlack v. Day - 7/15/2005
Petitioner, Kelly Matlack ["Matlack"], seeks certiorari review of an order denying her motion for protective order. Matlack is a defendant in a civil action filed by the plaintiff-respondent, James A. Day ["Day"]. Day alleges that...
Largie v. Gregorian - 7/13/2005
Before FLETCHER, WELLS, and CORTIÑAS, JJ.
Winston and Luvon Largie, plaintiffs below, appeal a summary judgment in their medical malpractice action in favor of defendant, registered nurse practitioner Jessica Wang. Because we...
Brister v. Dep't of Children and Families - 7/13/2005
Loring Brister appeals a final order affirming the denial of his March 2004 application for disability-based Medicaid benefits filed within a twelve-month period of his May 2003 application for the same type of benefits. In affirming...
Martino v. Wal-Mart Stores - 7/7/2005
We have for review the decision in Martino v. Wal-Mart Stores, Inc., 835 So. 2d 1251 (Fla. 4th DCA 2003), which certified conflict with the decision in Bondu v. Gurvich, 473 So. 2d 1307 (Fla. 3d DCA 1984). We have jurisdiction. See...
Jones v. Florida Insurance Guaranty Association - 7/7/2005
We have for review Florida Insurance Guaranty Ass'n, Inc. v. Jones, 847 So. 2d 1020 (Fla. 1st DCA 2003), which expressly and directly conflicts with the decision in Florida Insurance Guaranty Ass'n v. Giordano, 485 So. 2d 453 (Fla. 3d...
Global Travel Marketing - 7/7/2005
We have for review a decision of the Fourth District Court of Appeal in which the court certified a question of great public importance:
Whether a parent's agreement in a commercial travel contract to binding arbitration on...
American Home Assurance Co. v. National Railroad Passenger Corp. - 7/7/2005
We have for review a question of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that is determinative of a cause pending in that court and for which there appears to be no controlling precedent....
Stephens v. Auto-Owners Insurance Co. - 7/6/2005
In appealing the final judgment in favor of the insurance company in an underinsured motorist claim, appellant raises three issues. First, she claims that the court erred in precluding her counsel from reopening voir dire to ask...
[W] Sherwood v. Quietwater Entertainment - 7/5/2005
The trial court concluded that Appellee did not owe a duty of care to Appellant and entered summary judgment in Appellee's favor on Appellant's personal injury claim seeking damages arising from his grievous injuries. Appellant argues...
RTG Furniture Corp. v. Alford - 7/5/2005
We have before us an appeal from a final order of the Judge of Compensation Claims ("JCC") awarding Claimant temporary partial disability benefits. Because we conclude that the JCC lacked jurisdiction to enter this order, we reverse. ...
In re Allawas - 6/30/2005
INQUIRY CONCERNING A JUDGE, NOS. 03-47; 03-57 & 03-215
Original Proceeding - Judicial Qualifications Commission
We review the recommendation of the Judicial Qualifications Commission (JQC or Commission) that Judge Meryl...
Paley v. Maraj - 6/29/2005
Petitioners, who are defendants in a medical malpractice suit, seek certiorari review of the trial court's order denying their motion to dismiss plaintiffs' complaint for failing to comply with statutory presuit requirements. We have...
Torres v. Sullivan - 6/29/2005
Maria Torres, as parent and natural guardian of Luis Torres, appeals an order granting a partial summary judgment that dismissed her claim of medical malpractice against John E. Sullivan, Jr., M.D.; John E. Sullivan, Jr., M.D., P.A.;...
Bailey v. Florida Dep't of Corrections - 6/29/2005
We grant this petition for writ of certiorari and quash an order that dismissed Bailey's medical malpractice action for his failure to comply with pre-suit notice requirements.
Bailey is a prison inmate. He received medical...
Beseau v. Bhalani - 6/24/2005
In this wrongful death action, we are asked to review the propriety of orders awarding attorney's fees and costs in favor of Appellees who prevailed after jury trial. Specifically, we must determine whether it was fundamental error to...
Miami-Dade County - 6/22/2005
Before LEVY, C.J., and CORTIÑAS, and ROTHENBERG, JJ.
The instant case arose from an accident involving a County transit bus upon which Ms. Merker was riding. Ms. Merker was wheelchair bound and rode the County transit bus to get...
Fonte v. AT&T Wireless Services - 6/15/2005
Appellant, Betzaida Fonte, has appealed a non-final order staying a purported class action case and compelling arbitration. This court has jurisdiction. Fla. R. App. P. 9.130(a)(3)(C)(iv). We reverse in part and affirm in part as...
Seminole Tribe of Florida v. McCor - 6/15/2005
The Seminole Tribe of Florida seeks certiorari review of the trial court's order denying the Tribe's motion to dismiss or for summary judgment. The Tribe's motion was based on the assertion that the Tribe was, by virtue of its status...
Regis Insurance Co. v. Miami Management - 6/8/2005
Regis Insurance Company (Regis) as subrogee of The Residences of Sawgrass Mills Community Association (The Residences), appeals the dismissal with prejudice of its Fourth Amended Third-Party Complaint against Miami Management, Inc....
Sterling Casino Lines - 6/3/2005
Sterling Casino Lines appeals from a final judgment in favor of Leslie Plowman-Render in a personal injury action. Plowman-Render sued Sterling claiming she suffered a shoulder injury on a Sterling gambling cruise when a waitress...
Somerville v. Ahuja - 6/3/2005
Mary Somerville, the Personal Representative of her deceased husband's (Richard Somerville's) estate, appeals from a final judgment , after a jury trial, which denied her any damages in a medical malpractice case filed pursuant to...
In re Estate of Sterile - 6/3/2005
In an allocation proceeding that ensued in the probate court after the settlement of an action for the wrongful death of Jean Michelet Sterile (the Decedent), the issue to be decided was whether Melissa Pierre, a/k/a Melissa Pierre...
Grunow v. Valor Corp. of Florida - 6/1/2005
Appellant, Pamela Grunow, as personal representative of the estate of Barry Grunow, appeals the trial court's entry of a final judgment notwithstanding the verdict, on the basis of an inconsistent verdict. We find no inconsistency in...
American Hospitality Management Co. of Minnesota v. Hettiger - 6/1/2005
A hotel operator appeals a mid-trial ruling in favor of a repairman injured on its premises while using one of its ladders. It argues that the trial court erred by instructing the jury as to a rebuttable presumption of negligence. We...
Tomaskovich v. Lapointe - 5/27/2005
The Employer and Carrier (E/C) appeal the order of the Judge of Compensation Claims (JCC), which found an Independent Medical Examination (IME) qualified as the "initial provision of benefits," triggering the 120-day pay and...
Progressive Express Insurance Co. v. Physician's Injury Care Center - 5/27/2005
The petitioner, Progressive Express Insurance Company, seeks certiorari review of a circuit court appellate decision awarding appellate attorney's fees to the respondent, Physician's Injury Care Center, Inc. Because the award...
Castillo v. Bush - 5/27/2005
Carmen Castillo appeals the final judgment entered by the trial court after a jury rendered a verdict against her on her claim of medical malpractice. We affirm.
Carmen Castillo, in her capacity as the personal representative of...
V.K.E. v. State - 5/27/2005
The issue in this case is whether or not a trial judge in a juvenile delinquency proceeding is empowered by section 938.08 and section 938.085 to assess surcharges of $201.00 and $151.00, respectively, against the juvenile "as a...
[W] MN Medinvest Co. - 5/25/2005
The Appellants challenge the non-final order denying their motion to stay and/or to compel arbitration of the claims filed against them by Terrana Nichols (the Mother), as personal representative of the estate of her deceased minor...
Dollar Rent a Car - 5/18/2005
The primary issue we address in this case is whether an offer of settlement was a "joint proposal" within the meaning of Florida Rule of Civil Procedure 1.442(c)(3), so that it was required to "state the amount and terms attributable...
St. Fort v. Post - 5/18/2005
Mark Phillip St. Fort, et al., appeal a final summary judgment in favor of Post, Buckley, Schuh & Jernigan, Inc. ("Post Buckley"), and denial of rehearing in a negligence action. St. Fort argues that the trial court erred in...
King Motor Co. of Fort Lauderdale v. Jones - 5/18/2005
Appellee, Judith Jones, became a victim of identity theft when she purchased a car at a dealership. She sued King Motor Company of Fort Lauderdale, Inc. (King Motor), alleging that a King Motor's salesman used the information contained...
Atlanta Casualty Co. v. Open MRI of Pinellas - 5/18/2005
Atlanta Casualty Company (Atlanta Casualty) appeals a non-final order granting class certification and appointing Open MRI of Pinellas, Inc. (Open MRI) as the class representative in an action filed by Open MRI against Atlanta Casualty...
Bill Holt Sales & Leasing - 5/18/2005
This is an appeal from a non-final order in a wrongful-death action denying a motion for summary judgment. We revisit a prior interlocutory order of this court which decided that the trial court's non-final order was appealable...
Estate of Morales v. Iasis Healthcare Corp. - 5/11/2005
The Estate of Miriam Morales, by and through Robert T. Morales, as personal representative ("the Estate"), seeks review of the trial court's order dismissing its medical malpractice action for failure to timely substitute a new...
Biscayne Investment Group - 5/11/2005
Before FLETCHER and CORTINAS, JJ., and SCHWARTZ, Senior Judge.
The plaintiffs, Biscayne Investment Group, Ltd., et al., appeal from final orders dismissing the four counts of their third amended complaint with prejudice. We...
Arango v. United Automobile Insurance Co. - 5/4/2005
The petitioner seeks review of a final order of the circuit court appellate division denying his renewed motion for attorneys' fees. We have jurisdiction, Article 5, section 4(b) (3) of the Florida Constitution and Florida Rule of...
Johnson Construction Management - 5/4/2005
Johnson Construction Management, Inc. appeals a jury verdict in Miguel Lopez' favor in this personal injury action. Johnson argues that the trial court erred in failing to grant its motion for summary judgment, in thereafter failing to...
Westside EKG Associates v. Foundation Health - 5/4/2005
Westside EKG Associates (Westside) sued seven health maintenance organizations (HMOs), claiming violations of the Health Maintenance Association Act (Act), chapter 641, Florida Statutes, for the improper processing of providers' claims...
Koletzke v. Small - 5/4/2005
Max F. Koletzke, Jr., appeals the trial court's order granting a new trial to the plaintiff, Virginia Small, in this automobile negligence lawsuit. We affirm the order on appeal.
Mr. Koletzke was in an automobile accident with...
Kimball v. Publix Super Markets - 4/29/2005
Isabelle Kimball seeks review of the order granting final summary judgment in favor of the defendant, Publix Super Markets, in a personal injury action. Because relevant discovery was still pending, the trial court erred in granting...
Souza v. Ortiz - 4/27/2005
We grant this petition for a writ of prohibition to prevent the trial court from proceeding in excess of its jurisdiction.
The underlying action is a medical malpractice claim falling within the exclusive remedy provided by the...
Jones v. Double Properties - 4/27/2005
This is a consolidated appeal arising from a personal injury action filed by appellants, Edward C. Jones (Jones) and Debra Jones (collectively "appellants"), for injuries sustained by Edward Jones when the truck he was driving to haul...
Forry v. Scottsdale Insurance Co. - 4/22/2005
Yolanda Forry appeals a final summary judgment in a declaratory judgment action. The judgment declared that Scottsdale Insurance Company had no duty to indemnify or defend its insured nursing home, Tampa Bay Retirement Centers, Inc.,...
United Automobile Insurance Co. v. Active Spine Centers - 4/20/2005
Petitioner seeks a writ of certiorari to quash an order of the Circuit Court Appellate Division dismissing its appeal for failing to timely file its initial brief. We have jurisdiction under Article V, section 4(b) (3), Florida Rule of...
Bell v. Greissman - 4/20/2005
Patricia Bell sued for medical malpractice for the wrongful death of her daughter and the jury returned a verdict absolving Appellees. We reverse, concluding that the trial court erred in denying a challenge for cause of a juror whose...
First Protective Insurance Co. v. Featherston - 4/20/2005
This is a consolidated appeal of three separate cases. In case number 2D04-678, First Protective Insurance Company seeks review of the summary final judgment determining that a homeowner's insurance policy issued to Hisako...
Dryden v. Pedemonti - 4/15/2005
Dryden appeals an order of the trial court, which struck his proposal for settlement after a final judgment. He sought an award of attorney fees and costs pursuant to Florida Rule of Civil Procedure 1.442. The trial court struck the...
Southern Baptist Hospital of Florida - 4/14/2005
We have for review Welker v. Southern Baptist Hospital of Florida, Inc., 864 So. 2d 1178 (Fla. 1st DCA 2004), in which the First District Court of Appeal certified the following question as a matter of great public importance: ...
Lifemark Hospitals of Florida v. Izquierdo - 4/13/2005
Lifemark Hospitals of Florida, Inc., d/b/a Palmetto General Hospital, petitions this Court for a writ of certiorari compelling the testimony of Dr. Xenia Aponte as a material witness in this pending medical malpractice case. The lower...
Goldberg v. Florida Power & Light Co. - 4/7/2005
We have for review Florida Power & Light Co. v. Goldberg, 856 So. 2d 1011 (Fla. 3d DCA 2002), which expressly and directly conflicts with this Court's decision in Martinez v. Florida Power & Light Co., 863 So. 2d 1204 (Fla....
A. Duda & Sons - 4/7/2005
Appellants (E/C) argue the Judge of Compensation Claims (JCC) erred by awarding payment for Claimant's ulcer condition because Claimant's industrial accident was not the major contributing cause of the ulcer, and erred in her...
Allstate Indemnity Co. v. Ruiz - 4/7/2005
We have for review Allstate Indemnity Co. v. Ruiz, 780 So. 2d 239 (Fla. 4th DCA 2001), which expressly and directly conflicts with a number of cases from other district courts with regard to issues concerning application of work...
Fung v. Florida Automobile Joint Underwriting Association - 4/6/2005
Kimberly Fung appeals an order disapproving a proposed class action settlement because the trial court concluded the agreed attorney's fee was too high. Because the trial court acted within the discretion granted by this court in an...
Valdivia v. Prestige Cruises - 4/6/2005
We affirm the trial court's dismissal of this seaman's personal injury suit on forum non conveniens grounds. In dismissing this case, the trial court properly applied the analysis required by Kinney System, Inc. v. Continental...
West Orange Lumber Co. - 4/1/2005
West Orange Lumber Company, Inc. (West Orange) appeals from a final declaratory judgment which determined that Indiana Lumbermens Mutual Insurance Company (Indiana) has no duty to defend nor to indemnify West Orange in a lawsuit filed...
Best v. Lakeland Regional Medical Center - 4/1/2005
William Best appeals a final summary judgment entered in favor of Lakeland Regional Medical Center (the Hospital). We affirm the trial court's determination that the medical malpractice statute of repose bars Mr. Best's claims. ...
Warren v. State Farm Mutual Automobile Insurance Co. - 3/31/2005
We have for review a challenge to the constitutionality of section 627.736(5)(b), Florida Statutes (1999), contained in Florida's Motor Vehicle No-Fault Law, which requires providers of non-emergency medical services and medical...
Jenkins v. State - 3/31/2005
Appellant Henry Oscar Jenkins appeals his convictions for perjury, workers' compensation fraud, and grand theft. Because the State did not present sufficient evidence to support appellant's grand theft conviction, we reverse...
Kawasaki Motors Corp. v. Foster - 3/30/2005
Kawasaki Motors Corporation ("Kawasaki") appeals from a trial court Order, denying its Motions to Dismiss for Forum Non Conveniens and to Sever. We conclude that the motions should have been granted.
The appellee, Amy Foster, is...
Fittipaldi USA - 3/30/2005
The plaintiff, Fittipaldi USA, Inc. ("FUSA"), appeals from an adverse final judgment after a jury trial. We affirm.
On June 11, 1997, Helio Castroneves, a race car driver, and FUSA, through its principal, Emerson Fittipaldi,...
Grau v. Provident Life and Accident Insurance Co. - 3/30/2005
Dr. Gerard Grau appeals from a summary final judgment entered in favor of Provident Life & Accident Insurance Company and Unum Life Insurance Company of America. Both Provident and Unum insured Grau under disability policies. Grau...
Estate of Williams v. Tandem Health Care of Florida - 3/29/2005
ON MOTION FOR REHEARING
We withdraw our previous opinion issued January 19, 2005, and substitute the following. In an action brought for damages under the Nursing Home Residents' Rights Act (RRA) and the Wrongful Death Act (WDA)...
Maggio v. Florida Dep't of Labor and Employment Security - 3/24/2005
We have for review Maggio v. Department of Labor & Employment Security, 869 So. 2d 690 (Fla. 2d DCA 2004), in which the Second District Court of Appeal certified the following question as a matter of great public importance: ...
Continental Insurance Co. v. Collinsworth - 3/24/2005
In this appeal from an adverse summary final judgment, the insurer calls upon us to determine the meaning of an exclusion clause in an insurance policy that the trial court found did not exclude coverage for the tragic boating incident...
Breaux v. City of Miami Beach - 3/24/2005
We have for review the Third District Court of Appeal's decision in Poleyeff v. City of Miami Beach, 818 So. 2d 672 (Fla. 3d DCA 2002) (Poleyeff II), which expressly and directly conflicts with this Court's decision in Florida...
In re Advisory Opinion to the Attorney General Re: Referenda Required for Adoption and Amendment of Local Government Comprehensive Land Use Plans - 3/17/2005
Rehearing petition filed: 03/22/2005 AS TO SC04-1134 ONLY; Rehearing denied: 05/10/2005
Original Proceeding - Advisory Opinion to the Attorney General
The Attorney General petitions this Court for an advisory opinion...
Florida Bar v. Barrett - 3/17/2005
We have for review a referee's report regarding alleged ethical breaches by attorney David A. Barrett. We have jurisdiction. See art. V, § 15, Fla. Const. We approve the referee's findings of fact and recommendations as to guilt. For...
Amerisure Insurance Co. v. State Farm Mutual Automobile Insurance Co. - 3/17/2005
We have for review the decision in Amerisure Insurance Co. v. State Farm Mutual Automobile Insurance Co., 865 So. 2d 590 (Fla. 2d DCA 2004), which cited with approval the opinion of the Fifth District Court of Appeal in Dealers...
Verdino v. Charcoal Pit - 3/16/2005
The appellants in this dram shop action are the parents of the decedent, who was killed by a drunk driver who made a u-turn into the path of the decedent's motorcycle. Appellants are suing as personal representatives of his estate and...
Hess v. Walton - 3/16/2005
Dr. Alfred Vincent Hess and Florida Orthopaedic Institute (FOI) appeal a final judgment entered in favor of Noreen Walton in a medical malpractice action. They challenge an award of attorneys' fees that was entered against FOI pursuant...
Malu v. Security National Insurance Co. - 3/10/2005
We have for review the consolidated cases of Malu v. Security National Insurance Co., 848 So. 2d 373 (Fla. 4th DCA 2003), and Padilla v. Liberty Mutual Insurance Co., 870 So. 2d 827 (Fla. 3d DCA 2003), in which the Fourth and Third...
IMC Phosphates Co. v. Prater - 3/10/2005
The employer/carrier (E/C) appeal a final order of the Judge of Compensation Claims (JCC) finding compensable, pursuant to section 440.092(5), Florida Statutes (2001), the injuries suffered by claimant Lonnie Prater (Appellee) on...
Orlando v. FEI Hollywood - 3/9/2005
This is an appeal from a final summary judgment for the defendant in a personal injury case. Plaintiff/appellant, John Orlando, alleged he was physically injured at defendant's gym when the patron next to him threw dumb bells to the...
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