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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Builder's Square - 9/17/1999
ON MOTION FOR CLARIFICATION, REHEARING AND REHEARING EN BANC
Builder's Square has filed a motion for clarification, rehearing and rehearing en banc. Upon further reflection, we conclude that our comments critical of appellant's...
Carnival Corporation v. Beverly - 9/16/1999
Petition for writ of certiorari - original jurisdiction.
Carnival Corporation (Carnival), its attorney, Curtis J. Mase, and Mase's law firm, Mase & Sreenan, P.A., seek certiorari review of an order which, as a sanction for...
Ferrari v. Vining - 9/13/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
A Writ of Certiorari to the Circuit Court for Dade County, David L. Tobin, Judge.
Petitioner Edda Ferrari, plaintiff in a legal malpractice...
Sparks v. Barnes - 9/10/1999
Rehearing Denied February 17, 2000
This appeal is a companion to Sparks v. Barnes, 742 So.2d 420 (Fla. 2d DCA 1999) and arises from the proceeding below that grew out of the three-vehicle accident described in our opinion in that...
Florida Department of Transportation v. Juliano - 9/8/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Monroe County, Stephen P. Shea, Judge.
The Florida Department of Transportation ("DOT") appeals an...
Kearley v. Kearley - 9/8/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Pasco County; Stanley R. Mills, Judge.
Appellant, Robert T. Kearley, challenges the final judgment of...
Williams v. State - 9/8/1999
BY ORDER OF THE COURT:
ORDER
Upon consideration of Appellant's Motion for Rehearing, it is ORDERED that said motion is hereby granted and the prior opinion filed July 21, 1999, is withdrawn. The attached opinion is...
Adventist Health System v. Judge - 9/3/1999
Petition for Certiorari Review of Order from the Circuit Court for Orange County, Walter Komanski, Judge.
Adventist Health System/Sunbelt Health Care Corp., d/b/a Florida Hospital Orlando (Florida Hospital), has filed a petition...
American Airlines - 9/1/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Dade County, Maria M. Korvick, Judge.
American Airlines, Inc. appeals from orders appointing a personal...
Publix Supermarkets - 9/1/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Edward H. Ward, Judge.
Publix Supermarkets, Inc. (Publix),...
King v. Hall - 9/1/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the Circuit Court for Miami-Dade County, David Tobin, Judge.
Frank King appeals an adverse summary judgment claiming a genuine...
KFC National Management Co. v. Beauregard - 6/25/1999
JANUARY TERM 1999
Non-Final Appeal from the Circuit Court for Orange County, Richard F. Conrad, Judge.
KFC National Management Company (KFC), appeals the denial of its motion to compel arbitration of a complaint for...
A.D. v. State - 6/25/1999
JANUARY TERM 1999
Appeal from the Circuit Court for Orange County, Jose Rodriguez, Judge.
A.D. appeals from orders of commitment after he pled guilty and nolo contendere in three cases. He was adjudicated delinquent and the...
Short v. Abukhdeir - 6/25/1999
IN THE DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA
BY ORDER OF THE COURT:
UPON CONSIDERATION of the motion for rehearing or clarification, motion to accept motion for rehearing as timely filed, and motion to withdraw...
Johnson v. Levine - 6/23/1999
JAUARY TERM 1999
This is a medical malpractice action against several doctors, hospitals and other providers. The trial Judge ordered the parties to non-binding arbitration under section 44.103, Florida Statutes (1997). The...
Nolan v. Turner - 6/23/1999
JANUARY TERM 1999
We affirm the trial court's order in this medical malpractice action striking the pleadings and defenses of defendants for failure to participate in informal discovery as required by sections 766.106(6) and...
Budget Rent-A-Car Systems Inc. v. Castellano - 6/23/1999
JANUARY TERM 1999
Budget Rent-A-Car Systems, Inc. ("Budget") appeals from a final judgment in a personal injury case in which the trial court refused to apply a collateral source set-off for payable personal injury protection...
Association for Retarded Citizens-Volusia Inc. v. Fletcher - 6/18/1999
Appeal from the Circuit Court for Volusia County, David A. Monaco, Judge.
The Association for Retarded Citizens-Volusia, Inc. (ARC), is a nonprofit organization that has provided services and programs to persons with...
Thomas v. Daniel - 6/17/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Alachua County. Chester B. Chance, Judge.
Sean Thomas, defendant below, appeals a final...
Figaro v. Bacon-Green - 6/16/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
Opinion filed June 16, 1999.
On petition for writ of certiorari to the Circuit Court for Dade County, Bernard S. Shapiro, Judge.
Deborah...
Foster v. Chung - 6/16/1999
Opinion filed June 16, 1999
ON MOTION TO RECALL AND MODIFY MANDATE
Appellant, Beverly Foster, moves this court to modify or recall the mandate issued March 5, 1999, directing the trial court to dismiss Foster's complaint...
Lynn v. Steakhouse - 6/16/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Opinion filed June 16, 1999.
Appeal from the Circuit Court for Manatee County, Thomas M. Gallen; Judge.
Cynthia R. Lynn appeals an order...
Goldberg v. Gulotta - 6/16/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
Opinion filed June 16, 1999.
An Appeal from the Circuit Court for Dade County, Alan Postman, Judge.
Joseph Goldberg, M.D., Emergency...
Partner-Brown v. Bornstein - 6/4/1999
Petition for Certiorari Review of Order from the Circuit Court for Orange County, Ted P. Coleman, Judge.
The petitioner, Sherron Partner-Brown, seeks certiorari review of a trial court discovery order requiring the production of...
Ortiz v. Suntrust - 6/4/1999
Appeal from the Circuit Court for Osceola County, Ted P. Coleman, Judge.
Wilfredo Ortiz and his parents, Felix Ortiz and Lillian Rivera, appeal from an order and final judgment awarding costs and attorney fees to SunTrust, one of...
Pearson v. Pefkarou - 6/2/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court of Dade County, Lawrence A. Schwartz, Judge.
The trial court dismissed Harry Pearson's medical malpractice...
Putnam Berkley Group Inc. v. Dinin - 5/26/1999
A woman who was the subject of a photograph first published in a book in Florida in 1988 later sued the photographer and the publisher in 1995 for damages for unauthorized publication. The trial Judge denied a summary judgment on the...
Paracelsus Santa Rosa Medical Center v. Smith - 5/21/1999
Petition for Certiorari Review of Order from the Circuit Court for Volusia County, Joseph G. Will, Judge.
Paracelsus Santa Rosa Medical Center, d/b/a Peninsula Medical Center (Peninsula) petitions for certiorari review of the...
Florida Bar v. Carson - 5/20/1999
We have for review a referee's report regarding alleged ethical breaches by Kevin Kitpatrick Carson. After two hearings, the referee recommended that Carson be diverted to a practice and professionalism enhancement program pursuant to...
District Board of Trustees of Miami-Dade Community College v. Chao - 5/19/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
On petition for writ of certiorari to the Circuit Court for Dade County, Philip Bloom, Judge.
The District Board of Trustees of Miami-Dade...
Thomas v. Suwannee County - 5/14/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Suwannee County. Thomas J. Kennon, Jr., Judge.
Suwannee County granted Suwannee Farms a special...
Dimick-Russell v. Frankel - 5/14/1999
Appeal from the Circuit Court for Volusia County, David A. Monaco, Judge.
While we affirm the court's dismissal herein, we hold that it should not be "with prejudice." We agree, however, that plaintiff should not be permitted to...
Garay v. Colony Springs Medical Center Inc. - 5/12/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from an order of the Circuit Court for Dade County, Amy N. Dean, Judge.
Elisa Garay, plaintiff below, appeals the trial court's...
McKay v. State Farm Fire and Casualty Co. - 5/12/1999
In this appeal from an order dismissing a complaint with prejudice, the issue is whether the plaintiff's claim against State Farm and its agent for negligent failure to provide necessary insurance coverage was a compulsory counterclaim...
Feingold v. American Rack & Stack Inc. - 5/12/1999
Appellant, Allen Feingold, appeals from the dismissal with prejudice of his complaint for property damage to his boat during its storage at appellee, American Rack and Stack, Inc.'s marina. Feingold's causes of action were based on...
Blish v. Atlanta Casualty Co. - 5/6/1999
We have for review Atlanta Casualty Co. v. Blish, 707 So. 2d 1178 (Fla. 5th DCA 1998), based on conflict with Hernandez v. Protective Casualty Insurance Co., 473 So. 2d 1241 (Fla. 1985), and Government Employees Insurance Co. v. Novak,...
Williamson v. Superior Insurance Co. - 5/5/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Pinellas County; Fred L. Bryson, Judge.
Curtis Williamson and Mary Lou Williamson (the Williamsons)...
Cascio v. St. Joseph Hospital of Port Charlotte Inc. - 5/5/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Sarasota County; Lee E. Haworth, Judge.
Michael Cascio (Cascio) challenges the grant of summary judgment in...
Whiteaker v. Gilreath - 5/5/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Charlotte County; Darryl Casanueva, Judge.
In this personal injury action, Ryan Whiteaker and his mother...
Crawford v. Crawford - 4/30/1999
Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge.
The issue in this case is whether a settlement received by the husband for injuries received in an automobile accident is marital property. The...
Hazen v. Kaplan - 4/30/1999
Appeal from the Circuit Court for Marion County, Raymond T. McNeal, Judge.
Daniel Hazen and his wife, Marlene Hazen, appeal a final summary final judgment in favor of appellees Gregory J. Howell, M.D., Ocala Neurodiagnostic...
Eckelbarger v. Frank - 4/30/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from non-final order of the Circuit Court for Polk County; Robert A. Young, Judge.
Appellants Lynn and John Eckelbarger (the...
Contractor's Management Services Inc. v. Dixon - 4/28/1999
Contractor's Management Services, Inc. ("the contractor"), one of the defendants named in a personal injury suit brought by Lester Dixon ("Dixon"), appeals from a non-final order denying its motion for summary judgment which was...
Geico General Insurance Co. v. Arnold - 3/24/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from a non-final order from the Circuit Court for Monroe County, Richard Payne, Judge.
The appellant, Geico General Insurance...
Oglesby v. American Suzuki Motor Corp. - 3/24/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
Appeals from the Circuit Court for Monroe County, Steven Shea, Judge.
Plaintiffs, James Oglesby and Keith Oja, appeal final summary judgments...
Almeida v. FMC Corp. - 3/24/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court of Dade County, Sidney B. Shapiro and Steve Levine, Judges.
Appellants Clemente and Juana Almeida [Almeidas]...
Allstate Insurance Co. v. Glassman - 3/24/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
An Appeal from the Circuit Court for Dade County, Ronald Friedman, Judge.
Allstate Insurance Company (Allstate) appeals the lower court's...
Godbold v. Cox-Novoa - 3/19/1999
Petition for Certiorari Review of Order from the Circuit Court for Orange County, W. Rogers Turner, Judge.
Wayne C. Godbold, M.D. and Wayne C. Godbold, M.D. Chartered (Godbold) seek certiorari review of an order denying Godbold's...
Straw v. Associated Doctors Health and Life - 3/19/1999
Appeal from the Circuit Court for St. Johns County, Richard G. Weinberg, Judge.
The cause below arose from Straw's two-count complaint against Neely and Associated Doctors for intentional misrepresentation and fraud in connection...
Indemnity Insurance Co. v. Chambers - 3/17/1999
Indemnity Insurance Company appeals an award of attorney's fees and expert witness fees in favor of Tetra Pak, Inc. and attorney's fees in favor of Lloyd Chambers. We affirm the award of attorney's fees and expert witness fees as to...
Russell v. Sherwin-Williams Co. - 3/17/1999
Appellant, Tom Russell, appeals from the trial court's dismissal of his negligence count with prejudice based on the economic loss rule and the granting of summary judgment in favor of appellee on appellant's fraudulent inducement...
Musculoskeletal Institute Chartered v. Parham - 3/11/1999
We have for review the decision in Parham v. Balis, 704 So. 2d 623 (Fla. 2d DCA 1997). We accepted jurisdiction to answer the following question certified to be of great public importance:
"DO THE EXTENSIONS OF THE STATUTE OF...
Rittman v. Allstate Insurance Co. - 3/10/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge.
Appellant, Eugene Rittman, Jr., seeks review of the trial...
Medina v. Public Health Trust - 3/10/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court of Dade County, David L. Tobin, Judge.
Plaintiffs Patricia and Gabriel Medina appeal an order dismissing...
Claims Management Inc. v. Drewno - 3/10/1999
An appeal from an order of the Judge of Compensation Claims. Richard S. Thompson, Judge.
ON MOTION FOR REHEARING
We grant appellants' motion for rehearing to the extent that this court's opinion of October 12, 1998, is...
Allstate Insurance Co. v. Mazzorana - 3/10/1999
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Harold J. Cohen, Judge; L.T. Case No. CL 95-3100 AH.
Allstate Insurance Company ("Allstate") timely appeals from an amended final judgment and...
Jim Walter Homes Inc. v. Walker - 3/5/1999
Appeal from the Circuit Court for Orange County, Alice Blackwell White, Judge.
Appellant, Jim Walters Homes, Inc. ["JWH"], appeals a judgment rendered against it and in favor of the Estate of Richard Walker in a wrongful death...
Compton v. West Volusia Hospital Authority - 3/5/1999
Petition for Certiorari Review of Order from the Circuit Court for Volusia County, John V. Doyle, Judge.
The plaintiff, Sharon Compton, seeks certiorari review of a discovery order rendered by the trial court in her medical...
Morsani v. Major League Baseball - 3/3/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Hillsborough County; James D. Whittemore, Judge.
Frank L. Morsani, individually, and for the use and benefit...
Green v. EMSA Limited Partnership - 12/30/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the Circuit Court for Dade County, Gisela Cardonne, Judge.
The plaintiff in a medical malpractice case appeals from a judgment...
Parker v. State - 12/28/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
An appeal from the Circuit Court for Leon County. Philip J. Padovano, Judge.
Dr. Glenn Parker, a professor employed by Florida...
Leventhal v. Lohmann - 12/23/1998
The defendant in this medical malpractice case served a request for plaintiff to produce, pursuant to Rule 1.350(a), "All clinical records pertaining to dental and/or medical examinations or treatments administered to plaintiff because...
Gerber v. Iyengar - 12/23/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
An Appeal from the Circuit Court for Dade County, Celeste Hardee Muir, Judge.
Ralph Gerber (Gerber), his wife Rowena Gerber, and their...
Munroe Regional Medical Center Inc. v. Rountree - 12/18/1998
Petition for Certiorari Review of Order from the Circuit Court for Marion County, Victor J. Musleh, Judge.
In this medical malpractice action, William Todd Overcash, M.D., seeks certiorari review of the trial court's order...
Nationwide Mutual Fire Insurance Company v. Simms - 12/18/1998
Petition for Certiorari Review of Decision from the Circuit Court for Brevard County, Acting in its Appellate Capacity.
Nationwide Mutual Fire Insurance Company seeks certiorari review of the circuit court appellate panel's...
Integrated Health Services v. Hyde - 12/17/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED.
An appeal from an order of Judge of Compensation Claims Dan F. Turnbull, Jr.
This appeal and cross-appeal arise from an order of...
Silvestrone v. Edell - 12/17/1998
We have for review Silvestrone v. Edell, 701 So.2d 90 (Fla. 5th DCA 1997), which expressly and directly conflicts with the opinion in Zakak v. Broida & Napier, P.A., 545 So.2d 380 (Fla. 2d DCA 1989), on the issue of whether the...
United Automobile Insurance Company v. Viles - 12/17/1998
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the County Court for Dade County, Cecilia M. Altonaga, Judge.
Appellant, United Automobile Insurance Company ("United Auto")...
United Automobile Insurance Co. v. Viles - 12/16/1998
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the County Court for Dade County, Cecilia M. Altonaga, Judge.
Appellant, United Automobile Insurance Company ("United Auto")...
Jost v. Ahmad - 12/9/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Polk County; Randall G. McDonald, Judge.
In this medical malpractice action, Karen Jost, guardian of Arthur...
Clark v. L & A Contracting Co. - 12/9/1998
Affirmed. See Metropolitan Dade County v. Colina, 456 So. 2d 1233 (Fla. 3d DCA 1984).
NESBITT and GODERICH, JJ., concur.
CLARK v. L & A CONTRACTING CO. CASE NO: 98-338
SHEVIN, J. (dissenting).
I respectfully...
Reim v. Mulligan - 12/9/1998
Appeal from the Circuit Court for Collier County; Ted H. Brousseau, Judge.
Roy Reim appeals a final summary judgment in favor of Joseph and Sarah Mulligan. Mr. Reim was injured on the job while working for Mulligan's Pressure...
Paranzino v. Berger - 12/9/1998
The issue presented in this appeal is whether the trial court erred in dismissing appellant's case with prejudice and in awarding sanctions against her in the form of attorney's fees and costs under section 766.206(2), Florida Statutes...
Fox v. McCaw Cellular Communications of Florida Inc. - 12/9/1998
This case involves an offer of judgment in the amount of $100. The trial Judge found it in good faith and awarded fees. We affirm the award because the record fully supports the determination but write to address "nominal" offers of...
State v. Falk - 12/9/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the Circuit Court for Dade County, Leonard E. Glick, Judge.
In October of 1996, attorney Steven Falk ("the defendant") was...
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