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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Clark v. L. & A. Contracting Co. - 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, Alan L. Postman, Judge.
Affirmed. See Metropolitan Dade County v. Colina, 456 So. 2d 1233...
Golden v. Tipton - 12/4/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
An appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge.
These two consolidated appeals arise out of an...
Freeman v. Latherow - 12/2/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Petition for Writ of Certiorari to the Circuit Court for Pinellas County; John C. Lenderman, Judge.
Julie D. Freeman, the plaintiff in a...
Flying Boat - 12/2/1998
Appellant, Flying Boat, Inc., appeals an order on summary judgment in which the court ruled that provisions of the Florida Workers' Compensation Act must yield to conflicting provisions for recovery under federal maritime wrongful...
Zeichner v. City of Lauderhill - 12/2/1998
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 95-014026(09).
Judith Zeichner, individually and as personal representative of the Estate of Jacob...
Continental Casualty Co. v. Curl - 12/2/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Dade County, Margarita Esquiroz, Judge.
Continental Casualty Co. ("Continental") appeals an order...
Special Disability Trust Fund v. Meyer USA - 11/30/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from an order entered by Judge of Compensation Claims Richard L. Thompson.
The Special Disability Trust Fund (Fund)...
Holm v. Sharp - 8/28/1998
Appeal from the Circuit Court for Orange County, Walter Komanski, Judge.
The appellants, Herbert and Vernetta Holm, challenge the trial court's award of an attorney's fee and costs which were awarded by the trial court subsequent...
Calley v. Thomas M. Woodruff - 8/26/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Pinellas County; Bruce Boyer, Judge.
Garrett D. and Linda May Calley appeal from a final order that awarded...
King v. Byrd - 8/26/1998
JULY TERM 1998
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Rupert Jasen Smith, Senior Judge; L.T. Case No. 94-912 CA 01.
ON MOTION FOR REHEARING
We deny the appellant's motion...
Pabon v. Interamerican Car Rental Inc. - 8/26/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
JULY TERM, A.D. 1998
LOWER TRIBUNAL NO. 92-11211
An Appeal from the Circuit Court for Dade County, Gisela Cardonne, Judge.
Marsha...
Archey v. Government Healthcare Services - 8/25/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from Circuit Court for Duval County. Michael Weatherby, Judge.
The appellants challenge a summary judgment dismissing...
Tarleton v. Arnstein & Lehr - 8/19/1998
Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Fred A. Hazouri, Judge; L.T. Case No. CL 93-4690 AN.
Virginia Tarleton ("Former Wife") appeals and Arnstein & Lehr (the...
Tolivert v. Estate of John Scherer - 8/14/1998
Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.
Tolivert appeals from an amended final judgment in her personal injury suit against Scherer (now deceased) and Catherine and Lankford Smith. She had been...
Simmons v. Swinton - 8/14/1998
Appeal from the Circuit Court for Brevard County, Frank Pound, Judge.
Ronald and Mildred Simmonses ("the Simmonses") appeal from an order granting Doris and Willie Swinton's ("the Swintons") motion for new trial because of...
Maher v. Best Western Inn - 8/14/1998
Appeal from the Circuit Court for Brevard County, Edward J. Richardson, Judge.
Appellants, plaintiffs below, appeal from a summary final judgment entered in favor of appellee in this negligence action. The party moving for...
Cimino v. U.S. Security Insurance Co. - 8/13/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from Circuit Court for Leon County. George S. Reynolds, Judge.
Pursuant to Florida Rule of Appellate Procedure...
Pate v. Renfroe - 8/13/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Duval County. Michael R. Weatherby, Judge.
Robert E. Pate, the plaintiff below in a personal...
Foster v. Matthews - 8/12/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
JULY TERM, A.D. 1998
LOWER TRIBUNAL NO. 95-20895
An Appeal from the Circuit Court for Dade County, Thomas S. Wilson, Jr., Judge. ...
Rogers v. Morini - 8/7/1998
Appeal from the Circuit Court for Brevard County, J. Preston Silvernail, Judge.
Patricia Rogers sued Antoinette and Quinto Morini seeking damages for injuries sustained in an automobile accident. A jury found that Antoinette...
Dooley v. Harris - 8/7/1998
Appeal from the Circuit Court for Seminole County, Leonard V. Wood, Judge.
Ryan Dooley appeals from a final summary judgment in favor of Carrie Harris in his personal injury action. Dooley was injured when he was struck by a...
State Farm Mutual Automobile Insurance Co. v. Klinglesmith - 8/6/1998
Appeal from the Circuit Court for Brevard County, Theron Yawn, Jr., Senior Judge.
State Farm Mutual Automobile Insurance Company ("State Farm") appeals a final judgment awarding damages to Julia Klinglesmith ("Klinglesmith")....
Siemens Energy & Automation Inc. v. Medina - 8/5/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL NO. 93-835
An Appeal from the Circuit Court of Monroe County, Clarence T. Johnson, Jr., Judge.
The defendants, Siemens...
Sasson v. Rockwell Manufacturing Co. - 8/5/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL NO. 92-11692
An appeal from the Circuit Court for Dade County, Celeste Hardee Muir, Judge.
Appellants Salvador and...
Kent v. Bucholc - 8/5/1998
Consolidated appeals from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Estella May Moriarty, Judge; L.T. Case No. 93-22370-05.
Appellee plaintiff suffered a low back injury as a result of an automobile...
Alvarez v. Smith - 7/31/1998
Appeal from the Circuit Court for Orange County, R. James Stroker, Judge.
Appellants Jose and Mirna Alvarez appeal from a final judgment entered pursuant to an adverse jury verdict. Appellants' complaint alleged that during a...
Stewart v. Price - 7/29/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
An appeal from the Circuit Court for Gadsden County. N. Sander Sauls, Judge.
CORRECTED
Jean Stewart and Kathryn Reynolds, the...
Food Lion v. Jackson - 6/26/1998
Appeal from the Circuit Court for Brevard County, Frank R. Pound, Jr., Judge.
Food Lion appeals an order granting Shirley Jackson's motion for additur or in the alternative, a new trial for damages only. We reverse and remand. ...
Hernandez v. Amisub Inc. - 6/24/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL NO. 93-24446
An appeal from the Circuit Court for Dade County, Robert M. Deehl, Judge.
The plaintiffs below, Samuel...
Brown & Williamson Tobacco Corp. v. Carter - 6/23/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Duval County. Brian J. Davis, Judge.
In this appeal from a final judgment following a jury...
Florida Bar v. Pellegrini - 6/18/1998
We have for review the complaint of The Florida Bar and the referee's amended report regarding alleged ethical violations by attorney Santiago S. Pellegrini. We have jurisdiction. Art. V, ยง 15, Fla. Const. For the reasons expressed in...
Mazzouccolo v. Gardner - 6/17/1998
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; S. Joseph Davis, Senior Judge; L.T. Case No. 93-682 CA.
Appellants, Lucille Mazzouccolo and her husband, sued appellees for medical malpractice....
D'andrea v. Wal-Mart Stores Inc. - 6/17/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
An appeal from an order of the Judge of Compensation Claims. Dan F. Turnbull, Jr., Judge.
In this appeal from a final workers'...
Liberatore v. Nme Hospitals Inc. - 6/17/1998
Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James T. Carlisle, Judge; L.T. Case No. CL 96-2104 AE.
Carmela and Umberto Liberatore, plaintiffs in a medical malpractice...
Astigarraga v. Green - 6/17/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Appeal from the Circuit Court for Lee County; Lynn Gerald, Jr., Judge.
Magali Astigarraga appeals the order granting a new trial after she...
Time Insurance Co. v. Burger - 6/12/1998
CORRECTED
We have for consideration Burger v. Time Insurance Co., 115 F.3d 880 (11th Cir. 1997), in which the United States Court of Appeals for the Eleventh Circuit certified a question to this Court. We have jurisdiction under...
Maguire v. Nichols - 6/12/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Petition for Writ of Certiorari to the Circuit Court for Sarasota County; Lee A. Haworth, Judge.
The petitioner, Maureen Maguire, M.D. (Dr....
Derius v. Allstate Indemnity Co. - 6/10/1998
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Paul O. Moyle, Judge; L.T. Case No. MC-94-12188 RB.
The county court has certified two questions to this court pursuant to Florida Rule of...
Miami Stage Lighting Inc. v. Budget Rent-A-Car Systems Inc. - 6/10/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL NO. 96-15391
An Appeal from the Circuit Court for Dade County, Phillip Bloom, Judge.
Miami Stage Lighting, Inc. ["Miami...
Garcia v. Randle-Eastern Ambulance Service Inc. - 6/10/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL NO. 94-2168
An Appeal from the Circuit Court for Dade County, Robert M. Deehl, Judge.
CORRECTED
Barbara Garcia,...
Hawkins v. Pizarro - 6/10/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL NO. 96-1490
An appeal from the Circuit Court for Dade County, Leonard Rivkind, Judge.
James E. Hawkins, one of the...
Ryder Truck Rental Inc. v. Perez - 6/10/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LOWER TRIBUNAL NO. 93-1470
An Appeal from the Circuit Court for Dade County, Ronald Friedman, Judge.
Ryder Truck Rental, the defendant...
Southeast Farms Inc. v. Auto-Owners Insurance Co. - 6/5/1998
Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge.
Southeast Farms, Inc. appeals from the summary final judgment in favor of Auto-Owners Insurance Company. Auto-Owners instituted this declaratory...
Guetzloe v. Hartley - 5/29/1998
Appeal from the Circuit Court for Orange County, R. James Stroker, Judge.
Douglas M. Guetzloe appeals a final summary judgment for unpaid legal fees that were found to be due to his former attorneys, the appellees, pursuant to...
St. Augustine Humane Society Inc. - 5/29/1998
Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge.
The trial court's grant of summary judgment in favor of St. Augustine Humane Society, Inc., is challenged by appellants, whose minor son, John Howard...
Allstate Insurance Co. v. Jun - 5/22/1998
Allstate Insurance Company (Allstate) appeals the summary final judgment entered by the trial court in favor of Ye Jin Jun (Jun) on her claim for personal injury protection (PIP) benefits. The trial court ruled that Jun was entitled to...
710 So.2d 1022 (Fla.App. Dist.1 05/20/1998)
[1]
Florida Court of Appeals
[2]
CASE NO. 97-4697
[3]
710 So.2d 1022 - 5/20/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
Petition for writ of common law certiorari - original jurisdiction.
Maris Distributing Company (Maris) seeks review by common law certiorari of an interlocutory...
Comptech International Inc. v. Milam Commerce Park - 5/20/1998
LOWER TRIBUNAL NO. 91-29762
An Appeal from the Circuit Court for Dade County, Robbie M. Barr, and Sidney B. Shapiro, Judges.
ON MOTION FOR REHEARING
We withdraw our previously issued opinion and substitute the...
Hampton v. State - 5/15/1998
3.850 Appeal from the Circuit Court for Seminole County, Seymour Benson, Judge.
Harrison Hampton, Jr. (defendant) appeals the trial court's order denying his motion for post-conviction relief. See Fla.R.Crim.P. 3.850. In his...
Clough v. Christopher - 5/15/1998
Appeal from the Circuit Court for Marion County, Raymond T. McNeal, Judge.
Clough, the defendant in a personal injury action, appeals from an order granting a new trial to the plaintiffs, William Christopher and his mother, Tina...
Gross v. Lyons - 5/13/1998
Following a jury verdict that found that plaintiff did not sustain a permanent injury and did not award any economic damages, the trial court granted plaintiff a new trial limited to the issue of economic damages....
Henry v. Entertainment Design Inc. - 5/13/1998
Appellant, John W. Henry ("Henry"), challenges the Final Judgment entered in favor of appellee, Ampro Systems Corporation ("Ampro") following a jury trial and the denial by the trial court of appellant's motion for relief from verdict....
King v. Byrd - 5/13/1998
After a heated trial in this medical malpractice case, the jury awarded appellee/Priscilla Byrd $7,633,000 as compensation for brain damage to her son which occurred during his birth. Appellant, Dr. William King, contends that the...
State v. Estabrook - 5/13/1998
ON MOTION FOR REHEARING
We grant rehearing and substitute our previous opinion with the following.
The issue in this case is whether the Agency for Health Care Administration ("the Agency") can, consistent with federal and...
Betancourt v. City of Miami - 5/6/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
Raul Betancourt, the plaintiff in a personal injury action brought against the City of Miami and other defendants appeals from an order of final...
Delong v. A-Top Air Conditioning Co. - 5/6/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
Michael DeLong and his wife, plaintiffs below, appeal the dismissal of their personal injury action with prejudice based on spoliation of evidence...
Ocean Ritz of Daytona Condominium v. GGV Associates - 5/1/1998
The issue herein is whether the economic loss rule bars a negligence action in the context of a third-party beneficiary of a professional consultant's contract when the plaintiff is seeking to recover only economic losses. Appellant, a...
Schneider v. Dipaola - 5/1/1998
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
The appellants, Natasha and Gary Schneider, challenge the trial court's order awarding costs of $7,274.84 to the appellee, Mark DiPaola. We reverse....
Pizzarelli v. Rollins - 11/19/1997
NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.
The issue before this Court is whether a jury's award for future medical benefits should be offset by any remaining Personal Injury Protection (PIP)...
Jones v. State Farm Mutual Automobile Insurance Company - 6/6/1997
Appeal from the Circuit Court for Volusia County, Patrick G. Kennedy, Judge.
This is an appeal of a summary final judgment entered in favor of State Farm Mutual Automobile Insurance Company ["State Farm"] on a claim for PIP...
Howell-Demarest v. State Farm Mutual Automobile Insurance Co. - 5/1/1996
Rehearing Denied June 4, 1996.
The insured's State Farm policy provided $100,000 in medical payment coverage and $10,000 in personal injury protection coverage (PIP). PIP coverage pays 80% of medical expenses and 60% of loss of...
Wilkinson v. Golden - 1/28/1994
Appeal from the Circuit Court for Pinellas County; John S. Andrews, Judge.
Affirmed in part, reversed in part, and remanded.
Discovery, notice of intent, claimant, presuit, malpractice, informal, initiate, motion to...
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