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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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...
Shuck v. Bank of America - 9/19/2003
Lorraine M. Kanavas Shuck ("the widow") appeals the trial court's order dismissing with prejudice her claim against Bank of America, N.A. ("the Bank"), in its capacity as successor trustee of her husband's revocable trust. The widow's...
Halloran v. Aouchiche - 9/19/2003
Jerome Halloran, pro se, appeals the trial court's order dismissing with prejudice his complaint against Rachid Aouchiche, M.D., and Rachid Aouchiche, M.D., d/b/a West Coast Eye Care Center (collectively "Dr. Aouchiche"). We affirm the...
Gainesville Health Care Center - 9/18/2003
Appellant seeks review of a non-final order denying its motion to compel arbitration and abate appellee's civil action. We have jurisdiction. Art. V, ยง 4(b)(1), Fla. Const.; Fla. R. App. P. 9.030(b)(1)(B), 9.130(a)(3)(C)(iv). The trial...
Floyd v. Department of Children and Families - 9/18/2003
Appellant, as personal representative of the estate of Ciara Floyd, seeks review of a summary final judgment entered against it, and in favor of appellee, in a wrongful death action. Because our review of the record satisfies us that...
Allstate Insurance Co. v. Ginsberg - 9/18/2003
We have for consideration several issues of Florida law certified by the Eleventh Circuit Court of Appeals that are asserted to be determinative of a cause pending in that court and for which there appears to be no controlling...
Vincent v. Kaufman - 9/17/2003
The trial court dismissed appellant's, Gina Vincent, medical malpractice action against Dr. Kaufman based on her failure to comply with statutory presuit discovery requirements. We reverse based on Kukral v. Mekras, 679 So. 2d 278...
Cohen v. West Boca Medical Center - 9/17/2003
The trial court dismissed medical malpractice cases against two physicians and their professional associations because plaintiff failed to comply with the statutory presuit procedures. We affirm.
As to the claim against Dr....
Lane v. State - 9/17/2003
Along with two co-defendants, the state charged appellant, John Lane, with attempted murder in the second degree. We reverse appellant's conviction for aggravated battery, which, in this case, should not have been given to the jury as...
Palm Beach County Sheriff v. State - 9/17/2003
The issue in this case is whether a sheriff is entitled to bring a writ of mandamus to recover expenses from the Department of Children and Families (the Department) when that agency fails to place or take custody of an incarcerated,...
Hartford Insurance Company of the Midwest v. O'Connor - 9/12/2003
Hartford Insurance Company has filed a petition seeking certiorari review of an appellate decision issued by the Brevard County circuit court. The circuit court's decision reverses a final summary judgment which had been entered by the...
Great American Insurance Companies v. Souza - 9/10/2003
APPELLEE CITY OF MELBOURNE AIRPORT AUTHORITY'S MOTION FOR REHEARING EN BANC, CLARIFICATION, OR CERTIFICATION AND APPELLANT'S MOTION FOR REHEARING OR CLARIFICATION
We deny appellee City of Melbourne Airport Authority's Motion for...
Donshik v. Sherman - 9/10/2003
Appellants, Gary R. Donshik, M.D. and Cardiology Associates, Inc. (collectively, "Dr. Donshik"), appeal a final judgment entered against them, pursuant to a jury verdict, in a medical malpractice action brought by appellee, Alan...
Viteritti v. Peakload Inc. of America - 9/10/2003
Claimant, John Viteritti, Jr., seeks reversal of a final workers' compensation order wherein the judge of compensation claim (JCC) denied his petition to set aside the indemnity settlement order entered on April 12, 1990, and the...
Amato v. Intindola - 9/10/2003
In this personal injury action, the trial court dismissed appellant's complaint after concluding that he perpetrated a fraud on the court. The trial court's dismissal was based on a videotape taken by an investigator which depicted...
Jasckson v. York Hannover Nursing Centers - 9/5/2003
The petitioner and plaintiff below, Annie Jackson, as Personal Representative of the Estate of Annie Johnson, Deceased (the "Personal Representative"), petitions for a writ of certiorari to review an order of the lower court permitting...
McClanahan v. State - 9/5/2003
Several current and former employees of the Florida Department of Juvenile Justice contended they were made ill by the unsafe and unhealthy air quality in the building where they worked, a juvenile detention center located in...
Horowitz v. Laske - 8/29/2003
This case is on remand from the Florida Supreme Court. Wendt v. Horowitz, 822 So. 2d 1252 (Fla. 2002). In Wendt, the supreme court reversed Horowitz v. Laske, 751 So. 2d 82 (Fla. 5th DCA 1999), in which we held that the trial court...
Kowalczyk v. Hunter - 8/29/2003
AFFIRMED.
SAWAYA, C.J., and PLEUS, J., concur.
SHARP, W., J., concurs specially, with opinion.
SHARP, W., J., concurring specially.
Kowalczyk appeals from a summary judgment in favor of one of the defendants...
Olges v. Dougherty - 8/29/2003
Petition for Writ of Certiorari - Original Jurisdiction.
By petition for writ of certiorari, Darrell Olges, the plaintiff in an automobile accident case, asks us to quash a trial court's order (stayed pending review here),...
Nationwide Mutual Fire Insurance Co. v. Central Florida Physiatrists - 6/27/2003
Nationwide Mutual Fire Insurance Company (Nationwide) appeals the summary judgment entered by the county court in favor of Central Florida Physiatrists (CFP). The judgment required that Nationwide pay CFP the reasonable and necessary...
Great American Insurance Companies v. Souza - 6/25/2003
Great American Insurance Company ("Great American") issued a liability policy to the Melbourne International Airport Authority ("the Authority"). Daley Souza landed in Melbourne and hired a car operated by Melbourne Shuttle, which has...
Goble v. Frohman - 6/25/2003
Albert Goble, plaintiff below, appeals the trial court's order granting a setoff in favor of Mark E. Frohman, defendant below. The trial court reduced the jury verdict for past medical expenses to the amount Goble's medical providers...
Allstate Insurance Co. v. Morgan - 6/20/2003
Allstate Insurance Company challenges a summary judgment granting Linda Morgan personal injury protection benefits under an automobile insurance policy it issued to Maurice Sample. The circuit court entered the summary judgment after...
Budget Rent-A-Car Systems - 6/18/2003
Appellant/Defendant Budget Rent-A-Car Systems, Inc. ("Budget") appeals from an order granting Summary Final Judgment to the Appellees/Plaintiffs on the basis that Chapter 99-225, Laws of Florida, violates the single-subject requirement...
Byxbee v. Reyes - 6/18/2003
Petitioner, Frederick Byxbee, the plaintiff below, files a petition for writ of certiorari asking this court to quash the trial court's January 17, 2003 order granting the respondent's motion to compel the production of Byxbee's...
Sierra v. Associated Marine Institutes - 6/18/2003
The week after Michael Sierra began working as a counselor at a residential juvenile detention camp, two of the camp's residents murdered him. His widow, Marysol Sierra, filed a wrongful death suit against the Department of Juvenile...
Nichols v. State Farm Mutual - 6/13/2003
Appellant ("Insured") challenges an order of the county court assessing attorney's fees and costs against her in favor of Appellee ("Insurer") after she did not prevail in her claim for damages under the personal injury protection...
Pepper's Steel & Alloys - 6/12/2003
We review a question of Florida law that the United States Court of Appeals for the Eleventh Circuit certified as determinative of a cause pending in that court for which there appears to be no controlling precedent. The Eleventh...
In re Guardianship of Schiavo - 6/6/2003
Robert and Mary Schindler appeal the guardianship court's order denying their motion for relief from a judgment that ordered their daughter's guardian to withdraw life-prolonging procedures. We have carefully reviewed all aspects of...
Grenitz v. Tomlian - 6/5/2003
Rehearing petition filed: 6/20/2003; Rehearing denied: 10/21/2003.
MARK S. GRENITZ, M.D., PETITIONER, v. JACOB THOMAS TOMLIAN, RESPONDENT. HUMANA OF FLORIDA, INC., ETC., PETITIONER, v. JACOB THOMAS TOMLIAN, RESPONDENT. ...
Delaughter v. Florida Unemployment Appeals - 6/4/2003
Tony I. Delaughter appeals an order denying unemployment compensation benefits. We reverse.
Claimant-appellant Delaughter delivered pianos for the appellee- employer, Bobbs Piano Sales & Service Inc. Upon arriving at an 8:00...
Estate of Esterline v. Avante at Leesburg - 5/30/2003
Mariann Lindsay, Personal Representative of the Estate of Walter Edward Esterline, seeks certiorari review of an order denying her motion to amend her complaint to add a claim for punitive damages. We deny the petition.
Lindsay...
Jacob v. Henderson - 3/28/2003
Upon consideration of Appellee's motion for rehearing, clarification, and certification filed on February 11, 2003, it is
ORDERED that the motion for rehearing is granted to the extent that the opinion dated January 24, 2003, is...
[W] Adventist Health System / Sunbelt - 3/28/2003
This is an appeal of a final order issued by an administrative law judge ("ALJ") finding that Raven Shoaf ("Raven") was not subject to compensation under the Florida Birth-Related Neurological Injury Compensation Plan ("the plan"),...
Kestel v. City of Cocoa - 3/27/2003
This workers' compensation appeal poses the question of whether the 120-day pay-and-investigate provision set forth in section 440.20(4), Florida Statutes (Supp. 1998), applies to a situation in which the claimant has a pre-existing...
Villazon v. Prudential Health Care Plan - 3/27/2003
We have for review Villazon v. Prudential Health Care Plan, Inc., 794 So. 2d 625 (Fla. 3d DCA 2001), which expressly and directly conflicts with the decision in In re Estate of Frappier, 678 So. 2d 884 (Fla. 4th DCA 1996). We have...
Florida Residential Property & Casaualty Joint Underwriting Association v. Anthony - 3/26/2003
We reverse a summary final judgment finding coverage for the appellee, Patricia Anthony, under a homeowner's insurance policy issued to her sister. We hold that Anthony was not a resident of her sister's household so as to entitle her...
DeVaughn v. DeVaughn - 3/26/2003
Cheryl Ann DeVaughn Castille, the mother of Russell L. DeVaughn ("Rusty"), deceased, appeals an order appointing Michael L. DeVaughn, Rusty's uncle, personal representative of Rusty's estate. We agree that the trial court abused its...
Ortega v. United Automobile Insurance Co. - 3/26/2003
Petitioner Pedro Ortega filed a Petition for Writ of Certiorari, seeking to quash an opinion of the Appellate Division of the Circuit Court which affirmed a directed verdict of the County Court entered in favor of Respondent United...
Biltmore Construction Co. - 3/21/2003
Biltmore Construction Company and Central-Allied Enterprises challenge a final summary judgment that determined Owners Insurance Company and Auto-Owners Insurance Company (Owners) were not obligated to defend against a claim brought by...
[W] Bennett v. Morales - 3/21/2003
OPINION WITHDRAWN and new opinion filed May 23, 2003.
JARRATT G. BENNETT, ETC., ET AL., APPELLANTS/CROSS-APPELLEES, v. SUSAN MORALES, N/K/A SUSAN HOWELL, ET AL., APPELLEE/CROSS-APPELLANTS.
Appeal from the Circuit Court...
Northwestern Aircraft Capital Corporation v. Stewart - 3/21/2003
Northwestern Aircraft Capital Corporation and Jetwest International, L.L.C. (collectively referred to as the defendants) appeal the trial court's denial of their motion to dismiss for lack of jurisdiction that was filed in the...
Walker v. Virginia Insurance Reciprocal - 3/20/2003
We have for review the decision in Virginia Insurance Reciprocal v. Walker, 765 So. 2d 229 (Fla. 1st DCA 2000), which certified conflict with the decision in Wendel v. Hauser, 726 So. 2d 378 (Fla. 4th DCA 1999). We have jurisdiction....
City of Coconut Creek v. City of Deerfield Beach - 3/19/2003
Appellant, City of Coconut Creek ("Coconut Creek"), appeals an order dismissing with prejudice its amended complaint challenging the consistency of a development order with Broward County's Comprehensive Plan and alleging substantive...
Naylor v. District Board of Trustees - 3/14/2003
The principal issue in this case is whether the right of competent persons to contract should be abrogated in this instance because of an overriding public policy. A subsidiary issue is that if it appears that consideration of public...
Brown v. Allstate Insurance Co. - 3/14/2003
Brown appeals from the trial court's dismissal of his lawsuit with prejudice against Allstate Insurance Company because Brown made intentional misrepresentations as to material facts during his deposition. We affirm.
Brown sued...
Humana Workers' Compensation Services v. Home Emergency Services - 3/13/2003
We have for review the decision in Home Emergency Services, Inc. v. Humana Worker's Compensation, 815 So. 2d 665 (Fla. 3d DCA 2002), which certified conflict with the decision in Norris v. Colony Insurance Co., 760 So. 2d 1010 (Fla....
Becker v. Hooshmand - 3/12/2003
This appeal arises from a trial court's denial of a defendant's motion to dismiss based on alleged lack of personal jurisdiction. For the reasons explained below, we affirm the trial court's decision.
Appellant, Patricia Becker,...
Magnetic Imaging Systems - 3/12/2003
Magnetic Imaging Systems I, Ltd. ("Magnetic") appeals a final summary judgment in favor of Prudential Property & Casualty Insurance Company ("Prudential") in which the lower court found that Magnetic was not entitled to a fee...
Fung v. Florida Joint Underwriters Association - 3/12/2003
The plaintiff in a class action appeals a final judgment approving a class action settlement because the judgment modifies one of the settlement terms. We conclude that the point is well taken and remand for further proceedings. ...
Jost v. Lakeland Regional Medical Center - 3/12/2003
The alleged spoliation of evidence in a medical malpractice case provides the framework for this appeal. Ms. Jost, in her amended complaint, claimed that Lakeland Regional Medical Center (LRMC) had rendered negligent medical treatment...
State Farm Mutual Automobile Insurance Co. v. Gables - 3/5/2003
State Farm Mutual Automobile Insurance Company and Allstate Indemnity Company appeal various final summary judgments arising from actions for personal injury protection benefits filed by West Gables Open MRI Services, Inc. and...
Roberts v. Florida Lawyers Mutual Insurance Co. - 3/5/2003
The issue in this case is whether a dispute between former partners in a law firm over how to divide fees and costs triggers coverage and a duty to defend under the law firm's lawyer's professional liability policy.
The trial...
Yero v. Miami-Dade County - 3/5/2003
Yudi Yero, the Personal Representative of the Estate of Juan Suarez, Deceased, seeks to reverse an adverse final summary judgment. We affirm.
Yero's husband, Juan Suarez, was an employee of HBH Industrial Service , a...
Ryan v. Gonzalez - 2/26/2003
John Ryan, IV, Victoria Ryan, Carolina Ryan Camperio and Alin Ryan Smith ("the children"), as assignees of Maria Luisa Lobo Ryan, and Robert Nall, as personal representative of the estate of Julio Lobo Olabarria ("the Estate"), filed...
Kaplan v. Allen - 2/26/2003
Lori Kaplan (the "decedent") died after suffering fatal injuries in a car accident that occurred on November 16, 1999, in the City of Boca Raton, Florida. The decedent was reportedly coming from an appointment with her psychiatrist,...
Dodrill v. Infe - 2/26/2003
Appellant plaintiff obtained a default judgment for attorney's fees against the defendant, but the trial court granted defendant's rule 1.540(b) motion to vacate based on excusable neglect. We affirm, addressing only one issue, which...
Citrus County Florida v. McQuillin - 2/21/2003
Citrus County appeals from the trial court's denial of its motion for a new trial or to set aside the verdict and final judgment in a wrongful death case. The jury returned a verdict awarding Bruce McQuillin, personal representative of...
Publix Super Markets - 2/21/2003
Publix Super Markets, Inc., appeals the orders granting Julie Griffin and William Griffin a new trial in their personal injury action and imposing sanctions against Publix for the actions of its private investigator. The Griffins...
Fisher v. Smithson - 2/19/2003
This appeal involves the issue of whether the trial judge abused her discretion in granting the plaintiffs' motion for new trial based on the trial judge's conclusion that the jury's verdict was contrary to the weight of the evidence....
Dourado v. Ford Motor Co. - 2/19/2003
In this wrongful death action, Barbara Dourado, individually and as personal representative of her husband's estate, appeals a judgment entered against Ford Motor Company for the design of a defective seat belt that contributed to the...
Novartis Pharmaceuticals Corp. v. Carnoto - 2/19/2003
This cause was filed as a petition for writ of mandamus or certiorari, challenging one circuit court order finding time sheets and invoices submitted by a special master factually and legally sufficient, and another order authorizing...
Bradley v. Brotman - 2/19/2003
ON MOTIONS FOR REHEARING
The motions for rehearing are hereby denied. We withdraw our previously issued opinion and substitute the following in its place.
We confront in this case the necessity to reverse a final judgment...
Hyundai Motor Company v. Ferayorni - 2/19/2003
ON MOTIONS FOR REHEARING, REHEARING EN BANC, AND CLARIFICATION
This cause is before us on appellee's motions for rehearing, rehearing en banc, and clarification. We deny the motion for rehearing en banc, but grant the motion for...
Romine v. Florida Birth Related Neurological Injury Compensation Association - 2/14/2003
John and Rebecca Romine, individually and as parents and next friends of Loren Romine, a minor, appeal a final administrative order dismissing with prejudice their petition for benefits under the Florida Birth-Related Neurological...
January v. State Farm Mutal Insurance Co. - 2/14/2003
Petitioner, Henry January ["January"], seeks certiorari review of an order of the circuit court, sitting in its appellate capacity, affirming the county court's final summary judgment in favor of respondent, State Farm Mutual Insurance...
Mason v. Home Shopping Network - 2/12/2003
Appellant Betty Mason ("claimant") injured her back and shoulder on August 26, 1997. Thereafter, she reached maximum medical improvement ("MMI") for her back injury on December 20, 2000 and she reached MMI for her shoulder injury on...
NME Properties - 2/12/2003
We affirm the punitive damage award against NME Properties, Inc., d/b/a Menorah House, following the death of Ida Revitz, a Menorah House resident, based on vicarious liability. Likewise, we also affirm all other issues raised on...
Johnston v. Meredith - 2/12/2003
Thomas B. Johnston, as the District Grandmaster and member of Kappa Sigma Fraternity, Kappa Sigma Fraternity, and Epsilon Beta Chapter of Kappa Sigma Fraternity appeal from a trial court Order denying their Motion to Quash Service of...
Denoia v. Hartford Fire Insurance Co. - 2/12/2003
John Denoia appeals an adverse summary judgment in his suit seeking uninsured motorist benefits. On the facts present here, we conclude that defendant-appellee Hartford Fire Insurance Company was not entitled to summary judgment. ...
First Union National Bank v. Turney - 2/6/2003
First Union National Bank (First Union) appeals a final judgment awarding attorney's fees to Helen J. Turney, appellee. Mrs. Turney, as beneficiary of her late husband's trust, brought the underlying action against First Union, in its...
Florida Convalescent Centers v. Somberg - 2/6/2003
We have for review the decision in Somberg v. Florida Convalescent Centers, Inc., 779 So. 2d 667 (Fla. 3d DCA 2001), in which the Third District Court of Appeal certified conflict with the decision in First Healthcare Corp. v....
Chester v. Doig - 2/6/2003
Rehearing petition filed: 02/21/2003. Rehearing denied: 03/26/2003.
MARY CHESTER, ETC., PETITIONER, v. VICTOR DOIG, M.D., RESPONDENT.
Application for Review of the Decision of the District Court of Appeal - Certified...
Liberatore v. Kaufman - 2/5/2003
ON MOTION FOR REHEARING
We deny the motion for rehearing but withdraw our prior opinion filed on July 3, 2002, and substitute the following in its place.
Appellants, Carmela and Umberto Liberatore, brought a malpractice...
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