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.
Page 1 2 3 4 5 6 7 8 9 10 11 12
Saia Motor Freight Line - 11/24/2004
Saia Motor Freight Line, Inc., and Ray Charles Sellars [collectively "Saia"], appeal an order awarding attorney's fees and an order awarding costs. We reverse the fee award, and we affirm the cost award.
Following entry of a...
Gurney v. State Farm Mutual Automobile - 11/19/2004
This is an appeal by Diane Gurney from a final judgment rendered by the Orange County Court awarding State Farm Mutual Automobile Insurance Company attorney's fees and costs. The fee and cost judgment emanates from an unsuccessful suit...
State v. Bonham - 11/19/2004
State Farm Florida Insurance Company seeks certiorari review of an order denying its motion to consolidate two civil actions. The two civil actions have a common plaintiff, Suzanne Bonham, but different defendants. For the reasons that...
Thomas v. State - 11/18/2004
Rehearing petition filed: 11/30/2004
We have on appeal the judgment and sentence of the trial court imposing a death sentence upon Demetris Omar Thomas. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. We affirm the...
Berges v. Infinity Insurance Co. - 11/18/2004
We have for review Infinity Insurance Co. v. Berges, 806 So. 2d 504 (Fla. 2d DCA 2001), which expressly and directly conflicts with Government Employees Insurance Co. v. Grounds, 311 So. 2d 164 (Fla. 1st DCA 1975). We have...
In re Estate of Massad - 11/17/2004
The Estate of Roger P. Massad appeals from a final order dismissing its amended complaint for failure to state a cause of action against appellee Dee Janet Granzow. See Fla. R. Civ. P. 1.140(b)(6). We reverse, finding that the amended...
Davis v. Dollar Rent a Car Systems - 11/17/2004
Cecilia Davis, as personal representative of the estate of her deceased daughter, Twanda Green, appeals a summary final judgment rendered in favor of the defendant, Beverly Williams, in a wrongful death action arising out of an...
Cooper v. Ford & Sinclair - 11/17/2004
This appeal arises from a final order awarding attorneys' fees and costs to Appellees, Ford & Sinclair, P.A. and Philip DeBerard, and personal representative's fees to Appellee, Melanie Kelly. We affirm the order of the trial court...
Transcontinental Insurance Co. v. Jim Black & Associates - 11/17/2004
Transcontinental Insurance Company (the Insurer) appeals, and Jim Black & Associates (the Insured) cross-appeals a partial summary judgment entered in a declaratory judgment action filed by the Insurer against the Insured. We...
Powers v. Aberdeen Golf & Country Club - 11/10/2004
This appeal arises from an accident resulting in personal injury to the Appellant, Mary Lou Powers. Powers challenges a final order granting a Motion to Dismiss based upon the statute of limitations in favor of the Appellee, Aberdeen...
Miami-Dade County v. Aravena - 11/10/2004
Miami-Dade County appeals from an order denying its motion for judgment notwithstanding the verdict, claiming that this wrongful death action is barred by workers' compensation immunity. Because we agree that the "unrelated works"...
Roach v. State Farm Mutual Automobile Insurance Co. - 11/10/2004
Upon consideration of Appellee's motion for rehearing, motion for rehearing en banc, and motion for certification filed July 15, 2004, it is
ORDERED that Appellee's motion for rehearing and motion for rehearing en banc are...
Higgins v. State Farm Fire and Casualty Co. - 9/30/2004
TWO CASES CONSOLIDATED
We have for review the decision of the Fourth District Court of Appeal in State Farm Fire & Casualty Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001) (en banc), which certified a question to be of...
Whitley v. Warren - 9/29/2004
After suffering a defense verdict in a personal injury case, appellant plaintiff moved for a new trial alleging newly discovered evidence. Her motion included an affidavit from the first doctor who examined her. It stated that he had...
Tucker Transportation Co. - 9/29/2004
Appellee State Farm Mutual Insurance Company filed an action in county court seeking reimbursement for personal injury protection ("PIP") benefits from the Appellee Tucker Transportation Company, Incorporated, under section 627.7405,...
Bush v. Schiavo - 9/23/2004
Rehearing petition filed: 10/04/04; Rehearing denied: 10/21/2004
The narrow issue in this case requires this Court to decide the constitutionality of a law passed by the Legislature that directly affected Theresa Schiavo, who has...
Gugelmin v. Florida Birth Related Neurological Injury Compensation Association; - 9/22/2004
ON MOTIONS FOR REHEARING AND FOR CLARIFICATION
Following the issuance of this court's opinion, appellants filed both a motion for rehearing and a motion for clarification. We deny both motions in their entirety. Nonetheless, we...
Avatar Development Corp. v. DePani Construction - 9/22/2004
Avatar Development Corporation appeals from a trial court order denying it prevailing party attorney's fees in a breach of contract and construction lien litigation, even though Avatar had prevailed on significant issues in the...
Prasad v. Turner - 9/17/2004
Rusum and Eileen Prasad seek certiorari review of discovery orders which granted their request for a compulsory medical examination of Wayne Turner (the plaintiff in a personal injury case in which the Prasads are defendants) by a...
McCreery v. Fernandez - 9/17/2004
Petitioner is a defendant in an accident case in which it is alleged he negligently caused a wrongful death. The accident also resulted in pending felony charges against petitioner. The petitioner argues that the trial court departed...
Florida Bar v. Heptner - 9/15/2004
Rehearing petition filed: 10/04/04; Rehearing denied: 11/15/04
Original Proceeding - The Florida Bar
We have for review a referee's report recommending that James Manuel Heptner be found guilty of professional misconduct...
Felgenhauer v. Bonds - 9/10/2004
Randy Ryan Felgenhauer seeks review of the final judgment which awarded the plaintiff Selina Bonds $165,608.90 in this automobile negligence action. Felgenhauer argues that the trial court erred in denying his motion to set off the...
Fassy v. Crowley - 9/10/2004
Lynn R. Fassy, M.D. (Dr. Fassy), and Pain Medicine Associates, P.A. (PMA), petition for a writ of certiorari seeking review of a non-final order that denied their motion to dismiss a complaint filed against them by Julia Crowley, as...
Toca v. Olivares - 9/9/2004
Margarita Toca appeals the denial of her petition to enforce arbitration. We affirm.
On or about April 4, 2003, Toca initiated pre-suit procedure of her medical malpractice claim against appellee, Sonia Olivares, D.D.S., pursuant...
Joyner v. Casco - 9/1/2004
Appellant, Dr. William Joyner, and his corporation were defaulted for failure to answer a complaint for medical malpractice. They claim that the defaults were the result of excusable neglect. The trial court took testimony as well as...
Leinhart v. Jurkovich - 9/1/2004
Plaintiff, Jayme Jurkovich, a college student at Bradley University in Illinois, sued the University and the driver of its van, for injuries sustained in an automobile accident that occurred while plaintiff was in Fort Lauderdale with...
Tabb v. Florida Birth-Related Neurological Injury Compensation Association - 8/30/2004
Appellant Clarice Tabb challenges a final order of an administrative law judge (ALJ) on her claim for compensation under the Florida Birth-Related Neurological Injury Compensation Plan (NICA Plan) contained in sections 766.301-.316,...
Bollaci v. Nieporte-Bollaci - 12/31/2003
Brian Bollaci appeals a final judgment of dissolution of marriage. We affirm on all issues except the one challenging the trial court's requirement that appellant and his former wife share equally in any proceeds that appellant might...
James v. Armstrong World Industries - 12/31/2003
The appellant, Gary C. James, Sr., appeals from an order of the Judge of Compensation Claims (JCC) which denied his request for an upward adjustment of the average weekly wage. We affirm.
The appellant was hired by the employer,...
Grobman v. Posey - 12/31/2003
Dr. Lawrence R. Grobman and SSJ Mercy Health System, Inc. d/b/a Mercy Hospital appeal from an amended final judgment entered after a jury trial in a medical malpractice action.
The issue we write to address is whether Grobman...
Wilson v. Salamon - 12/31/2003
Pamela Wilson, individually and as parent and next friend of Gloriann Wilson, appeals the trial court's order dismissing her medical malpractice action for failure to prosecute. We affirm the order, but certify a question to the...
Williams v. Palm Beach Community College Foundation - 12/24/2003
Anthony Williams appeals the denial of his Motion for Leave to Amend Complaint to Substitute Party Defendant to correct a misnomer. We reverse.
In 1995, Williams was a student at Palm Beach Community College ("PBCC") and lived in...
Alexander v. Penske Logistics - 12/24/2003
Stella Alexander, as personal representative of Michael Alexander, appeals a defense verdict in a wrongful death action. We affirm.
The decedent was a Monroe County deputy sheriff who was killed in a collision when he pulled out...
Taylor v. Institute For Medical Weight Loss - 12/24/2003
Appellant, Diana Taylor, appeals from an entry of a final judgment against her in favor of appellees, Dr. Gary Mallow and the Institute for Medical Weight Loss, in a medical malpractice action against them. We reverse.
Taylor...
Mercy Hospital - 12/24/2003
Mercy Hospital, Inc. ("Mercy Hospital") appeals an adverse summary judgment finding the hospital liable for a staff physician's failure to comply with a financial responsibility statute. Plaintiffs Barbara and Ethbert Baumgarder and...
Morton Roofing - 12/19/2003
The defendants, Morton Roofing, Inc., etc., appeal a final judgment entered in favor of the plaintiff, Jody Prather, following a jury trial on her claim for personal injuries arising from an auto accident.
Following initial jury...
In re Certification of Need For Additional Judges - 12/18/2003
Each year Florida's Constitution requires this Court to certify the need for new judges throughout the state using uniform standards. This is the sole constitutional mechanism for ensuring that every Legislature has an accurate...
Clay Electric Cooperative - 12/18/2003
Rehearing petition filed: 01/06/04; Rehearing denied: 05/13/2004.
CLAY ELECTRIC COOPERATIVE, INC., ETC., PETITIONER, v. DELORES JOHNSON, ET AL., RESPONDENTS. CLAY ELECTRIC COOPERATIVE, INC., ETC., PETITIONER, v. LANCE, INC.,...
State Farm Mutual Automobile Insurance Co. v. Miller - 12/18/2003
Petition for Writ Certiorari - Original Jurisdiction.
Respondent, who was involved in an automobile accident that occurred during the course and scope of his employment, was paid 66-2/3 % of his lost wages under Florida's...
[W] Florida Health Sciences Center - 12/17/2003
This action arose due to the neurological injuries suffered by the child of Sandra and Frank Britt and implicated the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). The Plan is a statutorily created procedure...
Lott v. Goodkind - 12/10/2003
George and Mary Lott and Theresa Blakely appeal an adverse summary judgment in their wrongful death claim against Lisa Goodkind. We affirm.
Defendant-appellee Goodkind was the mother of 19-year-old John Carter. Carter had been...
Liberty Mutual Insurance Company v. Holbrook - 12/10/2003
Liberty Mutual Insurance Company appeals from a final judgment that awarded attorney's fees to Wendy Coxhead, Esq., former counsel of the plaintiff, Patricia Holbrook. We reverse the award of attorney's fees because, pursuant to Faro...
Weiss v. Leatherberry - 12/9/2003
This is an appeal from a summary judgment for the client in a suit against his lawyer for legal malpractice. The action was initiated according to the terms of an agreement between the client and the injured party in a previous case....
Southland Construction - 12/5/2003
This is the appeal of an order dismissing the claim of Southland Construction, Inc. ["Southland"] to recover attorney's fees and increases in its workers' compensation insurance premiums, which Southland claims resulted from the death...
Hibbard v. McGraw - 12/5/2003
Amanda Carr, by her mother and guardian, Faith Carr Hibbard, appeals from a final judgment in favor of the defendants in a personal injury action and an award of attorney's fees to the defendants based on their unaccepted proposal to...
Meyer v. Hutchinson - 12/5/2003
Ruth Hester Meyer ("Meyer") timely appeals a jury verdict and judgment in an auto negligence case in favor of James A. Hutchinson("James")and Clara F. Hutchinson ("Clara") (together the "Hutchinsons").
This appeal involves two...
Anderson v. Yellowtails - 12/3/2003
Norman and Leslie Anderson ("plaintiffs") appeal the trial court's order granting final judgment in favor of Yellowtails, Inc., d/b/a/ Mambo Café in a personal injury action. The plaintiffs allege the trial court erred in granting a...
D'Angelo v. Fitzmaurice - 11/26/2003
We have for review a decision of the Second District Court of Appeal in which that court certified the following question as one of great public importance:
IS IT APPROPRIATE TO SET-OFF AGAINST THE DAMAGES PORTION OF AN AWARD...
Byers v. Ritz - 11/26/2003
The plaintiff, John M. Byers etc. [the Estate], appeals from a final judgment in favor of the defendants, David Ritz and Paul Barcinas, in a wrongful death action. The defendants cross-appeal, in part, from the denial of their motion...
Breeden v. Cook - 11/26/2003
The petitioner is a plaintiff in a medical malpractice action. He seeks review of a trial court order that compelled production of medical records. He argues that the records are protected by section 397.501, Florida Statutes (2002)....
U-CAN-II - 11/26/2003
This cause is before us on appeal of a non-final order compelling arbitration. On review of the record, we hold that the trial court erred in holding that Appellant was the alter ego of certain non-parties and that, on that basis,...
Ruiz v. City of Orlando - 11/21/2003
Appellant, Aurelia Ruiz ["Ruiz"], appeals the trial court's dismissal of her suit against the City of Orlando ["the City"] because she had attempted to perpetrate a fraud on the court. Because the record does not establish fraud on the...
Sierra v. A Betterway Rent-A-Car - 11/19/2003
Gabriel D. Sierra, and his mother, Christina Duarte Sierra, appeal an order dismissing their fourth amended complaint for lack of personal jurisdiction over defendants A Betterway Rent-A-Car, Inc., d/b/a Budget Rent-A-Car of Atlanta...
[W] State Farm Mutual Automobile Insurance Co. v. Universal Medical Center of South Florida - 11/19/2003
State Farm Mutual Automobile, Ins. Co. appeals the entry of final judgment in favor of appellee Universal Medical Center of South Florida, Inc. underlying which is Universal's suit against State Farm for services it rendered to a State...
Nomo Research - 11/19/2003
Nomo Research, Inc. [Nomo] seeks to reverse an adverse final summary judgment. We reverse.
Nomo, a distributor of sun screen products, bought customized plastic tube containers from CCL Plastic Packaging, Inc. , a component...
Cook v. Estate of Silverio - 11/19/2003
Eldalee Cook and Theodore Cook ("the Cooks") appeal from an Order on Personal Representative's Motion to Assess Attorney's Fees and Other Sanctions in which the trial court awarded attorney fees, pursuant to Section 57.105, Florida...
Nationwide Mutual Insurance Company v. Jewell - 11/14/2003
These consolidated cases, which are before this court pursuant to the certification of a question of great public importance under Florida Rule of Appellate Procedure 9.160, turn on the interpretation of provisions of the Florida Motor...
[W] Laschke v. R.J. Reynolds Tobacco Co. - 11/14/2003
Jane Laschke and her husband, Rudolph Laschke, challenge the trial court order dismissing with prejudice their product liability suit against R.J. Reynolds Tobacco Company; Lorillard Tobacco Company; Brown & Williamson Tobacco...
Osler v. Collins - 11/14/2003
This case began with an automobile accident in which Ruth Collins was injured. Collins was a passenger in a car owned and driven by Anna Osler. Collins sued Osler and received a jury verdict for her medical expenses and pain and...
Abram v. Wolicki - 11/12/2003
Leon J. Abram, M.D. and Leon J. Abram, M.D., P.A., (collectively "Abram") appeal from the trial court's sua sponte order granting Anthony Wolicki a new trial. We reverse.
This appeal arises from a medical malpractice case filed...
Kurchner v. State Farm Fire and Casualty Co. - 11/12/2003
Harry and Suzanne Kurchner appeal from an adverse summary judgment. Because we do not construe State Farm's insurance policy to provide coverage, we affirm.
Harry Kurchner is a recipient of cancer chemotherapy treatment. Prior to...
Daviran v. Matheson Tri-Gas - 11/12/2003
This appeal arises from the entry of a non-final order granting a motion to dismiss based on forum non conveniens. Appellant, Rubin Daviran, raises two issues on appeal. Because we agree with his first argument and reverse the order of...
Jones v. Goodyear Tire & Rubber Co. - 11/12/2003
Ronnie Jones and his wife Sylvia, plaintiffs below, appeal a post-trial entry of a directed verdict for the defense and/or order for new trial as well as a pre-trial confidentiality order in their personal injury action against...
Tenny v. Allen - 11/7/2003
Lois Tenny, the defendant in this personal injury action, appeals from the trial court's order which set aside the part of the jury verdict which found the plaintiff, Sandra Allen, had not sustained a permanent neck injury. The order...
Roessler v. Novak - 11/7/2003
Klaus Roessler timely appeals a summary final judgment entered in favor of Sarasota County Public Hospital d/b/a Sarasota Memorial Hospital (Sarasota Memorial). Because genuine issues of material fact exist as to Sarasota Memorial's...
State v. Veilleux - 11/7/2003
Upon consideration of the petitioner's motion for rehearing and certification filed on August 13, 2003, it is
ORDERED that said motion is hereby granted in part as to the second question, denied in part as to the first question,...
Goldfarb v. Urciuoli - 11/6/2003
Certiorari - Original Jurisdiction.
David Goldfarb, Petitioner/Defendant, asserts that the trial court departed from the essential requirements of law in denying his motion to dismiss Respondent/Plaintiff Monica Urciuoli's...
Boyle v. Buck - 11/5/2003
Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. Case No. 03-515(11).
This case involves the review of an order in a civil case compelling...
Benson v. Norwegian Cruise Line Limited - 11/5/2003
On Motion for Rehearing and Certification
On consideration of the appellees' motion for rehearing, rehearing en banc, and certification, the court withdraws its opinion dated January 15, 2003 and substitutes the following...
Bob Montgomery Real Estate v. Djokic - 11/5/2003
Bob Montgomery Real Estate, Inc. (Montgomery), a real estate broker, sued Appellees, real estate agents, alleging tortious interference with contractual relationships. The trial court dismissed two counts of the complaint as a sanction...
Sorocka v. Severe - 11/5/2003
This is an appeal of an order that enforces a settlement agreement and enters final summary judgment. Because the acceptance of the offer did not mirror the offer as made, we reverse.
In 2001, appellants Olga Sorocka, Walter...
[W] All Children's Hospital - 10/31/2003
All Children's Hospital, Inc., challenges an order of an administrative law judge (ALJ), which concluded that the Florida Birth-Related Neurological Injury Compensation Plan (the plan) did not provide the exclusive remedy for injuries...
Prison Health Services - 10/31/2003
Prison Health Services, Inc. (PHS), appeals the final summary judgment requiring it to indemnify Lawrence W. Crow, Jr., Sheriff of Polk County (Sheriff), and the Florida Association of Counties Trust (FACT) for a settlement amount that...
Nehme v. Smithkline Beecham Clincial Laboratories - 9/25/2003
In this case, we must interpret a statute of repose applicable to medical malpractice cases. Section 95.11(4)(b), Florida Statutes (1993), extends the normal four-year statute of repose for such actions to seven years when "fraud,...
Niemi v. Brown & Williamson Tobacco Corp. - 9/24/2003
This appellate proceeding involves a very unusual procedural problem. Although it is arguable that the order on appeal is a final order, we conclude that certiorari review provides the simplest solution.
Peter V. Niemi and his...
Page 1 2 3 4 5 6 7 8 9 10 11 12
|
|