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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Sims v. Cristinzio - 3/9/2005
CONSOLIDATED
Lorenzo Sims and Transoil, Inc., defendants in the trial court, appeal the denial of their motion for a new trial in this personal injury action arising from a multi-vehicle accident. In their motion, they challenged...
Mariner Health Care v. Griffith - 3/4/2005
This wrongful death suit alleges that nursing home owner Mariner Health Care ("Mariner) negligently allowed fire ants to bite resident Earl Dean Griffith, requiring extensive medical care and treatment, and ultimately resulting in his...
Extendicare Health Services - 3/4/2005
Partners Health Group, LLC (an alleged operator of a nursing home), Extendicare Health Services, Inc. and Extendicare, Inc. (parent corporations of Partners), appeal from a non-final order which denied their motion to compel...
McDade v. Palm Beach County School District - 3/4/2005
Daniel McDade appeals the final order denying his petition for benefits and authorizing a former employer to take an offset (retroactively) against workers' compensation benefits because he had received paid leave from subsequent...
Childers v. Cape Canaveral Hospital - 3/4/2005
This is an appeal of the trial court's dismissal with prejudice of a wrongful death action filed by William Childers on behalf of himself and his four year old son, Jason Childers. The claim arose from the death of Sandra Childers,...
Burke v. Snyder - 3/2/2005
EN BANC
Susan Burke, plaintiff below, appeals the dismissal with prejudice of her third amended complaint against Nova Southeastern University's osteopathic treatment center. The trial court dismissed the complaint, relying upon...
North Miami Medical Center - 3/2/2005
This is an appeal of a summary judgment granted Josie Miller under section 458.320 of the Florida Statutes (2002) against Parkway Regional Medical Center to recover the "minimal financial responsibility amount" of $250,000 on a $1.4...
Gelsthorpe v. Weinstein - 3/2/2005
The plaintiffs in a medical malpractice action appeal the summary judgment in favor of the defendants which was entered after the trial court excluded the testimony of the plaintiffs' sole expert witness on the issue of causation....
DeCristo v. Columbia Hospital Palm Beaches - 3/2/2005
Background
On December 2, 1997, Honoree DeCristo was voluntarily admitted for psychiatric care at Columbia Hospital in West Palm Beach. While at Columbia Hospital, Ms. DeCristo was under the care of appellee, Dr. Nancy Griff. ...
Allstate Insurance Co. v. Holy Cross Hospital - 3/2/2005
These consolidated cases come to this court on a question certified by the Broward County court as one of great public importance:
Is an insurer required to comply with the provisions of section 627.736(10), Fla. Stat. in order...
Florida Power & Light Co. v. Albert Litter Studios - 3/2/2005
A Case of Original Jurisdiction - Prohibition.
Florida Power & Light, Inc. ("FP&L") seeks the issuance of a writ of prohibition to enjoin the Miami-Dade County Circuit Court from continuing to exercise jurisdiction over...
Barranada v. Florida Power & Light Co. - 3/2/2005
Manuel Barranada appeals an adverse summary final judgment entered in favor of Florida Power & Light Company in this personal injury action. For the following reasons, we affirm.
On March 7, 2000, Barranada was employed as...
Simon v. Murphy - 3/2/2005
This is an appeal from a final summary judgment entered in favor of defendant Francine A. Murphy in a personal injury action resulting from a traffic accident which injured Alan Simon. We affirm.
Murphy, a police officer on duty...
Manley-Deboer Lumber Co. v. Georgia-Pacific Corp. - 3/2/2005
In this product liability action, Manley-Deboer Lumber Company, Manley-Deboer Lumber Company Limited Partnership, and Manley-Deboer, Inc., referred to collectively herein as the retailer, appeal the final summary judgment issued in...
JEB Travel - 3/2/2005
We affirm a summary final judgment entered in favor of the defendant/appellee, Connecticut Indemnity Co.
Jeb Travel was the victim of a theft in which over 4,500 "Automated Ticket Boarding Forms" (ATBFs) were stolen. ATBFs are...
Gonzalez v. Martinez - 3/2/2005
ON REHEARING GRANTED
On consideration of the motion for rehearing, the court withdraws its previous opinions filed June 16, 2004 and January 3, 2005, and substitutes the following opinion in its place.
Isabel Gonzalez, and...
Waterfront License Corp. v. Baynham - 3/2/2005
This is a wrongful death action brought by the parents of Jacob Dollar, who was killed in a jet skiing accident. Suit was filed against Waterfront License Corp., d/b/a Club Jet Ski, Anthony Aiello, the company's president, and Gerald...
Sekura v. Granada Insurance Co. - 2/23/2005
Ronald and Carol Sekura sued builder Reinaldo Soto after the Sekuras learned that the home that they had hired Soto to build had been constructed below Federal Emergency Management Agency (FEMA) and Monroe County elevation requirements...
Canaveras v. Continental Group - 2/23/2005
Ivan Canaveras, the victim in a workplace altercation, appeals the dismissal of his personal injury claim against Lubier Jaramillo, the aggressor in the incident, and the Continental Group, Ltd., Jaramillo's employer. The trial court...
Allstate Indemnity Co. v. Oser - 2/17/2005
Petition for Writ of Certiorari -- Original Jurisdiction.
Allstate Indemnity Company files a petition for writ of certiorari, challenging three orders the trial court issued in bad-faith litigation initiated by respondents,...
Florida Dep't of Revenue v. New Sea Escape Cruises - 2/17/2005
We have for review New Sea Escape Cruises, Ltd. v. Florida Department of Revenue, 823 So. 2d 161 (Fla. 4th DCA 2002), which expressly and directly conflicts with the decision in Dream Boat, Inc. v. Department of Revenue, 28 Fla. L....
Morrill v. Lytle - 2/17/2005
Charles Morrill, III; Ryder Integrated Logistics, Inc.; KCCS, Inc.; Russell Engineering, Inc.; Owen Ayres & Associates, Inc.; and Traffic Control Products of Florida, Inc., all defendants below, appeal an order denying a transfer...
Bayfront Medical Center - 2/16/2005
This is the second time this case has appeared before this court. Previously, we reversed the order entered by the administrative law judge ("ALJ") and remanded the matter with instructions that the ALJ should amend his order to...
Rios v. Moore - 2/16/2005
Before COPE, FLETCHER, and RAMIREZ, JJ.
Barbara Rios appeals the trial court's dismissal with prejudice of her personal injury case. We reverse, holding that Rios's actions did not rise to the level of fraud on the court. ...
Prevette v. Depalma - 2/16/2005
The defendant in a personal injury action appeals an order denying a motion for attorney's fees, to which he claims entitlement under two offers of settlement he made to plaintiffs. The trial court found the offers ambiguous. We...
Robinson v. Kates - 2/16/2005
This is an action for professional negligence brought by plaintiff George Kates against attorney James D. Robinson and the Law Firm of Spence, Payne, Masington & Needle (Spence, Payne) which resulted in a judgment in the amount of...
[W] Protegrity Services - 2/11/2005
Protegrity Services, Inc., the third party administrator for Theresa Brehm's workers' compensation carrier, appeals the trial court's denial of its motion to dismiss based on its claim of workers' compensation immunity. This Court has...
Boyd v. State - 2/10/2005
Rehearing petition filed: 02/24/2005; In Light of the Revision Opinion Rehearing denied: 06/16/2005; Rehearing petition filed: 06/30/2005
We have on appeal judgments of conviction of first-degree murder, armed kidnapping, and...
Anderson v. State - 2/9/2005
Appellant was convicted of leaving the scene of an accident with personal injury and fleeing or eluding. He argues that the trial court erred in admitting evidence of another crime, which was that appellant did not have a valid...
Amber Glades - 2/9/2005
Amber Glades, Inc., a mobile homeowners' association, appeals an order determining a class pursuant to Florida Rule of Civil Procedure 1.222. The order was entered in its action against the mobile home park owners, Leisure Associates...
Plantation General Hospital Limited Partnership v. Horowitz - 2/9/2005
On Motion For Rehearing
In moving for rehearing and clarification, plaintiff asserts that he had no intention at oral argument to limit his theory of recovery to the theory of strict liability, that at all times he relied on both...
Germann v. Age Institute of Florida - 2/9/2005
Fenton H. Germann, as personal representative of his mother's estate, sued the owner of the nursing home in which his mother resided at the time of her death and ten related parties, alleging that their operation of the nursing home...
General Star Indemnity Co. v. Boran Craig Barber Engel Construction Co. Inc. - 2/4/2005
Boran Craig Barber Engel Construction Co. was the general contractor on a condominium project. It sued Wayne Automatic Fire Sprinklers, Inc., the fire sprinkler system subcontractor, for damages resulting from sprinkler system ruptures...
Rokaviar - 2/2/2005
As events would have it, Rokaviar, Inc.'s insurance policy with Colony Insurance Company expired by its temporal terms eight days prior to a tragic event which gave rise to a wrongful death claim against Rokaviar. Colony declined...
Broz v. Rodriguez - 2/2/2005
The plaintiff, Grace Broz, appeals the entry of a final summary judgment in favor of the defendants, Eugenio Rodriguez, M.D., Eugenio Rodriguez, M.D., P.A., Jeffrey C. Fernyhough, M.D., and the Florida Back Institute, Inc. The final...
Frango v. Royal Caribbean Cruises - 2/2/2005
Iris and Joseph Frango appeal the entry of two adverse final summary judgments. We reverse the summary judgment for Royal Caribbean Cruises, Ltd. ("RCCL") on Iris Frango's claim for injuries, but affirm the summary judgment for RCCL on...
[W] Estate of Williams v. Tandem Health Care of Florida - 1/19/2005
In an action brought for damages under the Nursing Home Residents' Rights Act (RRA) and the Wrongful Death Act (WDA) against Tandem Health Care of Florida, Inc. (Tandem), the Estate of Lucille Williams appeals an order granting...
Phantom of Clearwater - 1/14/2005
Phantom of Clearwater, Inc., d/b/a Phantom Fireworks, appeals a final judgment that dismissed its action against Pinellas County for a declaratory judgment. Phantom Fireworks sought a judgment declaring Pinellas County Ordinance 03-48...
Tyson v. Viacom - 1/12/2005
ON MOTION FOR REHEARING EN BANC
We grant Tyson's motion for rehearing en banc, withdraw our previous opinion, and substitute the following opinion in its place. We conclude that Tyson's claims were not barred by res judicata, the...
Koile v. State - 1/7/2005
After the commencement of his trial for first degree murder, Timothy Koile, the appellant, pled no contest to second degree murder pursuant to a plea bargain in which he agreed to a specific incarcerative sentence, followed by...
Simpson v. American Custom Interiors - 12/30/2004
The appellant, Clifford Simpson, challenges a determination that he is not entitled to recover workers' compensation benefits in the future because he made a misrepresentation of fact, in violation of sections 440.09(4) and...
Echelbarger v. Carpenter Co. - 12/30/2004
In this workers' compensation appeal, Claimant argues that the judge of compensation claims (JCC) erred in finding his compensable industrial accident caused only a temporary exacerbation of a previous soft tissue back injury. We agree...
Collins v. Daimlerchrysler Corp. - 12/30/2004
Carolyn Collins appeals the trial court's dismissal with prejudice of her second amended complaint, which asserted a claim under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) against DaimlerChrysler Corporation...
Costello v. Davis - 12/29/2004
Tamara Costello, individually and as co-personal representative of the estate of Scott Davis, deceased, appeals the trial court's order awarding The Law Offices of Omar F. Medina, P.A., $50,000 in attorney's fees and $4371.51 in costs...
State v. Colorado - 12/29/2004
Roberto Alvarez died in a one-car accident. The State, alleging that Nolberto Colorado was the driver of the car at the time, charged Colorado with DUI manslaughter, vehicular homicide, and driving without a valid driver's license...
Essex Insurance Co. v. Simpler - 12/29/2004
The appellant, Essex Insurance Company, challenges a final order by which the trial court ruled that a policy of insurance issued by Essex to Appellee Fred Simpler provided liability coverage in relation to a personal injury claim...
Vantran Industries - 12/29/2004
Appellants, Vantran Industries, Inc. ("Vantran"), Robert Salinas, and Leonor Salinas, appeal the final judgment entered by the trial court and argue that they are entitled to a new trial on their negligence claim against appellees,...
Feagle v. Estate of Purvis - 12/23/2004
This is an appeal arising out of a personal injury action seeking damages for injuries sustained by a spectator while watching an unsanctioned airboat race on Lake Kissimmee. The appellants, John Feagle and Avian Feagle, seek review of...
Ham v. Dunmire - 12/23/2004
We have for review the decision in Ham v. Dunmire, 855 So. 2d 1238 (Fla. 1st DCA 2003), which certified conflict with the Third District Court of Appeal's decisions in Marin v. Batista, 639 So. 2d 630 (Fla. 3d DCA 1994), Dave's...
Indemnity Insurance Co. of North America v. American Aviation - 12/23/2004
The Eleventh Circuit Court of Appeals certified the following five questions of Florida law that are determinative of a cause pending in that court and for which there appears to be no controlling precedent:
1. WHETHER THE...
Hernandez v. Feliciano - 12/23/2004
In-grid Hernandez appeals the trial court's order granting a new trial after a jury verdict rejected Mildred Feliciano's damage claim for personal injuries sustained in a motor vehicle accident.
Hernandez's vehicle was struck...
LaRiviere v. South Broward Hospital Dist. - 12/22/2004
We affirm a summary judgment in favor of South Broward Hospital District (the district). LaRiviere, as personal representative (the estate), filed a medical malpractice suit against the district, Dr. Feldman, and Blue Cross Blue Shield...
De Oca v. State Farm Fire & Casualty Co. - 12/22/2004
In these cases, consolidated for rehearing en banc, Ifrain Monte de Oca and Richard Snell appeal from trial court orders dismissing with prejudice their class action complaints against, respectively, State Farm Fire and Casualty...
Tananta v. Cruise Ships Catering and Services Int'l - 12/22/2004
EN BANC
This consolidated appeal involves the fate of five foreign seamen wishing to litigate their personal injury claims in Miami-Dade County. We are confronted with a recurring question: whether Florida taxpayers via our state...
Sta-Rite Industries - 12/22/2004
While visiting his mother at the Village Apartments, fourteen year old Lorenzo Peterson decided, along with a teenage friend, to swim in the complex's pool. During that innocent excursion he suffered severe brain injuries which...
Pacific Insurance Co. - 12/22/2004
The plaintiff, Pacific Insurance Company, Ltd., as subrogee of Hawk's Cay Investors, Ltd., a Florida limited partnership, d/b/a Hawk's Cay Resort & Marina [Pacific], appeals from a final order dismissing with prejudice its...
Thomas v. OB/GYN Specialists of the Palm Beaches - 12/22/2004
The plaintiff appeals an adverse summary judgment on his claim of negligent infliction of emotional distress. He argues the loss of the fetus carried by his wife constituted a stillbirth and gave rise to a cognizable claim under Tanner...
O'Malley v. Nationwide Mutual Fire Insurance Co. - 12/22/2004
The issue presented by this appeal is whether appellant insured was entitled to attorney's fees under section 627.428, Florida Statutes (2001), after the insurer voluntarily dismissed its declaratory judgment action seeking a...
Dep't of HRS/State v. Giles - 12/20/2004
Appellant seeks reversal of the JCC's award of permanent total benefits and medical benefits, contending that such benefits are barred by the limitations provision of section 440.28, Florida Statutes (1987). We affirm in part and...
Tu-Lane Investments - 12/20/2004
Appellant seeks review of a partial summary judgment in a personal injury action which held that, as a matter of law, it was not entitled to workers' compensation immunity. Although non-final, the order is appealable pursuant to...
Knowles v. Beverly Enterprises-Florida - 12/16/2004
Rehearing petition filed: 01/03/2005
We have for review Beverly Enterprises-Florida, Inc. v. Knowles, 766 So. 2d 335 (Fla. 4th DCA 2000) (en banc). The district court certified the following question as one of great public...
Reeves v. Fleetwood Homes of Florida - 12/16/2004
We have for review Fleetwood Homes of Florida, Inc. v. Reeves, 833 So. 2d 857 (Fla. 2d DCA 2002), in which the Second District Court of Appeal certified the following questions of law to be of great public importance:
1. MAY A...
Chuck v. City of Homestead Police Dep't - 12/15/2004
EN BANC
We have heard two cases en banc in an attempt to clarify the controversy surrounding the standing issue at the preliminary adversarial hearing stage of a forfeiture of seized currency proceeding. The standing issue has...
Diagnostics v. State Farm Mutual Automobile Ins. Co. - 12/15/2004
We have for review an Order and Final Judgment of Dismissal of a class action based upon the trial court's determination that State Farm Mutual Automobile Insurance Company (State Farm) has the right to require a medical provider to...
Byers v. Ritz - 12/15/2004
ON MOTION FOR REHEARING EN BANC
We grant the appellees' motion for rehearing and rehearing en banc, withdraw our previous opinion filed November 26, 2003, and issue the following in its stead.
The plaintiff/appellant, John...
Columbia County v. Holt - 12/10/2004
Bruce Holt, as personal representative of the estate of Claude Earl Holt, appellee, filed a wrongful death action against Columbia County and the Columbia County Board of Commissioners, appellants, arising out of a tragic vehicular...
FCCI Insurance Co. v. Horne - 12/10/2004
The issue in this case is whether an insurer must honor its contractual obligation to defend or indemnify its insured under a liability policy which applies to bodily injury by "accident" and excludes intentionally caused injury where...
HCA Health Services of Florida - 12/10/2004
In this consolidated appeal, HCA Health Services of Florida, Inc., d/b/a Blake Medical Center (Blake) challenges the final judgment awarding damages to the Plaintiffs Lynn Hillman, Mary Patricia Bosner and Roberta James, who filed a...
Travelers Indemnity Co. v. PCR Incorporated - 12/9/2004
In Turner v. PCR, Inc., 754 So. 2d 683 (Fla. 2000), we reaffirmed the existence of an intentional-tort exception to the otherwise exclusive nature of the statutory remedy provided by the Workers' Compensation Law. Under the...
Vazquez v. Lago Grande Homeowners Association - 12/8/2004
I.
This is an appeal from judgments entered for the defendants Lago Grande Homeowners Association, a condominium association, and Centurion Protective Services, Inc., the security company it hired to protect its premises,...
Larusso v. Garner - 12/8/2004
ON SOUTHERN GROUP INDEMNITY, INC.'S MOTION FOR REHEARING, CLARIFICATION, CERTIFICATION AND REHEARING EN BANC AND BRIAN AND BRADEN GARNER'S MOTION FOR REHEARING AND/OR CLARIFICATION
We grant Southern Group Indemnity's motion as to...
Plantation General Hospital Limited Partnership v. Horowitz - 12/1/2004
This is an appeal from a final summary judgment entered in favor of appellee Stuart Horowitz, as personal representative of the Estate of Lena Horowitz, and against appellant Plantation General Hospital in a medical malpractice related...
Abu-Hamdeh v. Romero-Bolumen - 12/1/2004
Appellant, the plaintiff below, appeals from an order dismissing her medical malpractice action with prejudice under Fla. R. Civ. P. 1.420 (e). We have jurisdiction, Art. V, ยง 4 (b)(1), and affirm with the reservation that the...
Galamaga v. Liberty Mutual Fire Insurance Co. - 12/1/2004
In a motor vehicle accident-personal injury case the plaintiff won a jury verdict in his favor which, among other things, awarded damages for future medical expenses but none for future pain and suffering. He then alternatively moved...
Lombardi v. Southern Wine & Spirits - 11/30/2004
May a claimant entitled to workers' compensation benefits under section 440.13, Florida Statutes (2001), receive a second medical opinion at the expense of the employer/carrier (E/C)? We hold that such an opinion may be required,...
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