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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Schuette v. State - 6/20/2002
We have for review State v. Schuette, 782 So. 2d 935 (Fla. 4th DCA 2001), a decision from the Fourth District Court of Appeal that certified conflict with the decision from the Fifth District Court of Appeal in Cheek v. State, 700 So....
Ricks v. Loyola - 6/20/2002
Petition for rehearing filed June 26, 2002. Rehearing denied July 16, 2002.
METISSIA RICKS, PETITIONER, v. RENE LOYOLA, M.D., RESPONDENT.
Application for Review of the Decision of the District Court of Appeal - Direct...
Tapia-Ruano v. Albarez - 6/19/2002
Under appeal is an order dismissing plaintiffs' wrongful death action as being barred by the statute of repose. We affirm.
According to Osvaldo Tapia-Ruano, the personal representative of the Estate of Maria Gloria Estanillo, on...
Jordan v. Masters - 6/19/2002
This appeal arises from a lawsuit filed by Henry Jordan, an incompetent, alleging Reverend Thomas Masters sexually abused him. Jordan sued Masters on many theories, the ones reaching a jury determination being sexual battery, false...
Discovery Experimental and Development - 6/14/2002
Appellants challenge an award of attorney's fees and costs to the Department of Health (DOH) as the prevailing party in its civil enforcement action to enjoin the illegal manufacture and sale of a non- FDA approved drug-liquid...
Amerace Corp. v. Stallings - 6/13/2002
We have for review the Second District Court of Appeal's opinion in Amerace Corp. v. Stallings, 753 So. 2d 592 (Fla. 2d DCA 2000), which expressly and directly conflicts with the First District Court of Appeal's opinions in Rockman v....
Poleyeff v. City of Miami Beach - 6/12/2002
Rabbi Israel Poleyeff, as personal representative of the estate of Eugenie Poleyeff, and Frederica Breaux, as administratrix of the estate of Zachary Breaux, appeal from separate final summary judgments entered in favor of the City of...
Myron v. Shulman - 6/12/2002
In this medical malpractice action, Rayna Myron, a minor, by and through her parents and natural guardians, Sharon Brock and Herbert B. Myron, as well as Brock and Myron individually, appeal after they sustained a defense verdict in a...
Agner v. APAC-Florida - 6/12/2002
In this case, plaintiff Shannon Louise Agner sued multiple defendants for the wrongful death of Michael Agner (decedent) resulting from an accident on Interstate 10 in Madison County, Florida. Mrs. Agner seeks review of a lower court...
Walker v. Winn-Dixie Stores - 6/7/2002
ON MOTION FOR CLARIFICATION
We grant William Walker's motion for clarification, withdraw our previous opinion dated April 19, 2002, and issue the following opinion in its place.
William Walker appeals the summary final...
D.F. v. Department of Revenue ex rel L.F. - 6/6/2002
We have for review the decision in D.F. v. Department of Revenue ex rel. L.F., 736 So. 2d 782 (Fla. 2d DCA 1999), which certified conflict with the opinion in DeRico v. Wilson, 714 So. 2d 623 (Fla. 5th DCA 1998). We have jurisdiction...
Furst v. Blackman - 6/5/2002
The trial court granted defendant's motion to strike a sham pleading, dismissing plaintiff's complaint with prejudice, because plaintiff had "deliberately made contradictory and inconsistent statements in an effort to interfere with...
D'Aquisto v. Costco Wholesale Corp. - 5/31/2002
Janet G. D'Aquisto appeals a summary final judgment entered in favor of Costco Wholesale Corporation in a personal injury action. Ms. D'Aquisto's lawsuit sought damages following a slip and fall in a Costco store. Specifically, Ms....
Suarez v. Gonzalez - 3/27/2002
ON MOTION FOR REHEARING
We deny the motion for rehearing, but for the purpose of clarification, withdraw our previously issued opinion and substitute the following.
Nury M. Suarez appeals from a jury verdict finding her 55%...
Meeks v. Florida Power & Light Co. - 3/22/2002
Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge.
Linda Meeks, the personal representative of the estate of her deceased husband, Herbert Meeks, appeals the summary final judgment entered in favor of...
Davis v. Cohen - 3/20/2002
An Appeal from the Circuit Court for Miami-Dade County, Murray Goldman, Judge.
Defendants appeal judgments entered after a jury trial in a wrongful death action arising from a motor vehicle accident.
What began as a complex...
Allen v. Walker - 3/20/2002
This case involves a final judgment granting separate motions to dismiss filed by the three defendants below. We affirm as to one defendant, but reverse as to the remaining defendants, because the trial court had personal and subject...
Florida Farm Bureau General Insurance Co. v. Copertino - 3/20/2002
By this petition for certiorari, petitioner, Florida Farm Bureau ("FFB"), seeks to quash a circuit court order requiring it to produce two memoranda prepared by its employees during litigation over insurance coverage for claims arising...
Gilliam v. Smart - 3/15/2002
An appeal from the Circuit Court for Gadsden County. P. Kevin Davey, Judge.
George Gilliam (who is a former law enforcement officer for one of the appellees, the Town of Havana, Florida) appeals a non-final order denying his...
Inter-Active Service - 3/15/2002
Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge.
Inter-Active Services, Inc. ("Inter-Active") appeals the summary judgment entered by the trial court in favor of Heathrow Master Association, Inc....
United Self Insured Services v. Richey - 3/15/2002
An appeal from an order of the Judge of Compensation Claims. Richard S. Thompson, Judge.
In this workers' compensation appeal, the employer/carrier challenge the final compensation order of the judge of compensation claims (JCC)...
Doe v. Evans - 3/14/2002
We have for review Doe v. Evans, 718 So. 2d 286 (Fla. 4th DCA 1998), a decision of the Fourth District Court of Appeal that expressly construes the First Amendment of the United States Constitution. We have jurisdiction. See art. V, ยง...
Morales v. Coca-Cola Co. - 3/13/2002
This appeal arises from a summary final judgment in favor of The Coca- Cola Company in a negligence action. The court granted summary judgment on the basis that Coca-Cola was not the owner of the vehicle in which appellant was injured,...
Eagle American Insurance Co. v. Nichols - 3/13/2002
This appeal arises from a dispute regarding the policy limits of a legal malpractice insurance policy. Based upon its interpretation of the policy, the trial court found there were several acts of malpractice during the legal...
Lidsky Vaccaro & Montes - 3/13/2002
As amended March 20, 2002.
LIDSKY VACCARO & MONTES, P.A. APPELLANT, v. HUMBERTO MOREJON, AS THE GUARDIAN AND NATURAL FATHER OF JAVIER MOREJON, A MINOR, APPELLEE.
LOWER TRIBUNAL NO. 00-164
Lidsky Vaccaro &...
Home Emergency Services - 3/13/2002
An appeal from the Circuit Court for Dade County, Eleanor Schockett, Judge.
Home Emergency Services, Inc. appeals from entry of final summary judgment in favor of Humana Worker's Compensation Services, Inc. [Humana] and...
Howard v. Savitsky - 3/13/2002
Appeal from the Circuit Court for Pinellas County; Catherine M. Harlan, Judge.
Deborah Howard appeals the final summary judgment order entered in favor of Lawrence Savitsky, M.D., William Minnix, M.D., Michael Slomka, M.D., and...
Nagy v. Florida Birth-Related Neurological Injury Compensation Association - 3/13/2002
Thomas Nagy and Dawn Nagy, as parents and guardians of Ava Katherine Nagy, who died fourteen hours after birth, appeal from a final order entered by the Division of Administrative Hearings, determining that Ava suffered a...
Kin Young Lung Industrial Co. v. Temple - 3/8/2002
Appeal from non-final order of the Circuit Court for Collier County; Ted H. Brousseau, Judge.
No appearance for remaining Appellees.
On this interlocutory appeal, the appellant, Kin Yong Lung Industrial Company, Limited...
Patel v. School Board of Volusia County - 3/8/2002
Appeal from the Circuit Court for Volusia County, Edwin P.B. Sanders, Judge.
This is an appeal of an order which dismissed Patel's complaint with prejudice when she sought to add the Volusia County School Board (the "School...
Lincoln Insurance Co. v. Home Emergency Services - 3/6/2002
An appeal from the Circuit Court for Dade County, Murray Goldman, Judge.
On Rehearing En Banc
The question before us is whether a commercial general liability insurance policy issued by appellant Lincoln Insurance Company...
Leal v. Waterproofing Systems of Miami - 3/6/2002
An Appeal from the Circuit Court for Dade County, Jennifer D. Bailey, Judge.
Sinecio Leal, the plaintiff below, appeals from an adverse final judgment in a personal injury action. Leal sued Waterproofing Systems of Miami, Inc....
Gumbs v. Guerra - 3/6/2002
An Appeal from the Circuit Court for Dade County, Stuart Simons, Judge.
The trial court granted summary judgment in this medical malpractice case for the defendants, a physician and his hospital- employer, on statute of...
Farrer v. United States Fidelity & Guaranty Company - 2/27/2002
ON MOTION FOR REHEARING
We deny the motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.
Appellant, Courtney Farrer, appeals and United States Fidelity & Guaranty...
Glucksman v. Persol North America - 2/27/2002
This case arises from a legal malpractice action brought by appellees/cross-appellants, Persol North America, Inc., Robyn Godur and Stacey Godur, as shareholders, (collectively, Persol North America) against former counsel,...
Lucas v. Donald M. - 2/22/2002
Appeal from the Circuit Court for Hillsborough County; Claudia R. Isom, Judge.
Kristopher D. Lucas challenges the trial court's determination that his proposal for settlement pursuant to section 768.79, Florida Statutes (1999),...
MRI Services - 2/22/2002
Appeal from the County Court for Pinellas County; Henry J. Andringa, Judge.
MRI Services, Inc., appeals an order entered in the County Court for Pinellas County. This court accepted jurisdiction of the appeal pursuant to Florida...
Roberts v. Tejada - 2/21/2002
Petition for rehearing filed March 7, 2002. Rehearing denied April 3, 2002.
LUCILLE ROBERTS, PERSONALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FREDERICK ROBERTS, PETITIONER, v. FRANCISCO TEJADA, M.D., FRANCISCO TEJADA...
Nationsbank - 2/20/2002
In this business tort case a jury returned a mixed verdict, and after trial the court adjusted the jury's award with setoffs. In this opinion we address only the issues of whether a party not in privity can sue the maker of negligent...
Wilson v. Griffiths - 2/15/2002
Appeal from the Circuit Court for Brevard County, Lisa Davidson Kahn, Judge.
Karen H. Wilson, individually and as natural guardian of her minor son, David Shaber, appeals the trial court's order granting Morgan, Colling and...
Van Sickle v. Zimmer - 2/15/2002
Appeal from the Circuit Court for Highlands County; J. David Langford, Judge.
Carolyne Van Sickle, as the personal representative of her daughter's estate, appeals from an adverse jury verdict and the trial court's denial of her...
Mantero-Atienza v. Salvador - 2/13/2002
A Writ of Certiorari to the Circuit Court for Dade County, Philip Bloom, Judge.
Emilio Mantero-Atienza petitions for a writ of certiorari. We conclude that the trial court should have granted a stay of proceedings, and...
Cannarella v. Allstate Indemnity Company - 2/13/2002
Appeal from the Circuit Court for Lee County; Isaac Anderson, Jr., Judge.
Alicia Cannarella appeals an adverse summary judgment on a putative class action lawsuit brought by insureds seeking late payment interest on medical...
Heat Express - 2/13/2002
An appeal from the Circuit Court for Miami-Dade County, Amy Steele Donner, Judge.
The Heat Express, Inc. ("Heat Express"), defendant below, appeals an order granting a new trial to Ralph and Marie Henry, plaintiffs below, on the...
Hanson v. Gimrock Construction - 2/13/2002
An Appeal from the Circuit Court for Dade County, Eleanor Schockett, Judge.
Hanson fell and was injured while working as a crane operator on his employer's barge in the Caribbean sea. Although, because Hanson was almost certainly...
Barlow v. North Okaloosa Medical Center - 2/12/2002
An appeal from an order of the Division of Administrative Hearings.
This is an appeal of an arbitration award entered pursuant to section 766.207, Florida Statutes (2001). The claims arise out of the death of Samuel Edward Barlow...
Mincey v. Moore - 2/8/2002
An appeal from Circuit Court for Leon County. Terry P. Lewis, Judge.
Appellant, David Mincey, appeals an order dismissing his medical malpractice complaint for failure to provide a written corroborating medical opinion either...
Merced v. Qazi - 2/8/2002
Appeal from the Circuit Court for Osceola County, John H. Adams, Sr., Judge.
Maria and Luis Merced appeal the final summary judgment entered in favor of Mohammad H. Akhtar Qazi, M.D., and Florida Radiological Associates, P.A....
Alderman v. Florida Plastering - 2/6/2002
An appeal from an order of Judge of Compensation Claims Sylvia Medina- Shore.
This is an appeal from a final order awarding attorney's fees in a workers' compensation case. The claimant contends that the judge of compensation...
Javier v. Home Depot - 2/6/2002
As amended May 1, 2002.
AMELIA JAVIER, APPELLANT, v. HOME DEPOT, U.S.A., INC., ETC., APPELLEE.
LOWER TRIBUNAL NO. 00-12694
Ginsberg & Schwartz, and Todd R. Schwartz; and Alan S. Neufeld, for appellant. Steven...
Briois v. State Farm Mutual Automobile Insurance Co. - 2/6/2002
An Appeal from the Circuit Court for Dade County, Amy Steele Donner, Judge.
The issues raised on this appeal by the plaintiff from an allegedly insufficient judgment in a personal injury action all stem from the fact that, in...
Popps v. Foltz - 1/30/2002
The opinion issued in this case on December 19, 2001 is withdrawn, and the following opinion is substituted in its place.
Appellant plaintiff, as personal representative of the estate of his deceased wife, brought this medical...
Delmas v. Harris - 1/30/2002
On Motion To Dismiss
Plaintiffs in a personal injury action seek dismissal of an appeal by defendants from a determination of the trial court refusing to enforce an alleged settlement of the claim before trial. Because the motion...
Cerna v. South Florida Bioavailability Clinic - 1/30/2002
An appeal from the Circuit Court of Dade County, Paul Siegel, Judge.
Hector Conrado Cerna has appealed an order which excludes his expert witness from testifying and grants final summary judgment for the appellees. We affirm the...
Alvarez v. Food Lion - 12/28/2001
Upon its own motion, this court granted rehearing in this case. The opinion dated October 31, 2001, is withdrawn, and the attached opinion is substituted therefor.
Appeal from the Circuit Court for Collier County; Hugh D. Hayes,...
Harper v. E.I. Du Pont de Nemours - 12/26/2001
George R. Harper, III, et al. petition this court for a writ of certiorari to review an order of the Broward County circuit court denying their motion to lift the stay in consolidated state court fraud actions, pending disposition of...
Bosdorf v. Sinnamon - 12/26/2001
An Appeal from the Circuit Court for Dade County, Thomas S. Wilson, Judge.
Angela Bosdorf, personal representative of the decedent's estate, appeals from an order of final summary judgment entered on the ground of res judicata in...
Rickgauer v. Sarkar - 12/21/2001
Appeal from the Circuit Court for Orange County, Lawrence R. Kirkwood, Judge.
The personal representative of the estate of Linda Noble appeals following a jury trial in which the defendants, Patricia Sarkar, M.D., and The Group...
Robles v. Metropolitan Dade County - 12/19/2001
An appeal from the Circuit Court for Dade County, Phillip Bloom, Judge.
This is an appeal of a summary final judgment in a personal injury action arising out of a school bus hijacking. A police officer shot the hijacker and...
National Casualty Co. v. Northern Trust Bank of Florida - 12/19/2001
An appeal from the Circuit Court for Dade County, Norman S. Gerstein, Judge.
The question presented is whether a child has a cause of action against his or her mother, based on the mother's prenatal negligence which led to an...
South Dade Healthcare Group - 12/19/2001
A Petition for Writ of Certiorari to the Circuit Court for Dade County, Amy Dean, Judge.
In the underlying medical malpractice action, the petitioner, South Dade Healthcare Group, Ltd. d/b/a Deering Hospital, petitions this Court...
Holy Cross Hospital - 12/19/2001
Holy Cross Hospital, Inc., and Salvatore DiGiorgi, M.D., timely appeal a jury verdict of $900,000 in favor of Eleanore Marrone in a medical malpractice action. Dr. DiGiorgi contends the court committed reversible error in receiving...
Hord v. Taibi - 12/19/2001
Joel Hord, D.D.S. ("Hord") seeks certiorari review of an order of the Palm Beach County circuit court, sitting in its appellate capacity, denying his motion to dismiss a dental malpractice claim advanced by Lillian Taibi ("Taibi"). ...
Selvin v. DMC Regency Residence - 12/19/2001
Plaintiff's 93-year old father drowned in a canal behind an assisted- living facility for geriatric residents. The facility had contracted to supply him a residence and certain services. In his suit against the facility for damages,...
Steele v. Kinsey - 12/14/2001
Appeal from the Circuit Court for Hillsborough County; James M. Barton, II, Judge.
The issue presented in this consolidated appeal is whether certain language in an insurance policy's supplementary payments provision is ambiguous...
[W] Farrer v. United States Fidelity & Guaranty Co. - 12/12/2001
OPINION WITHDRAWN and substitute opinion filed February 27, 2002.
COURTNEY FARRER, AS ASSIGNEE OF GULF COAST TRANSPORTATION, AND COOPERATIVE LEASING, INC., APPELLANTS, v. UNITED STATES FIDELITY & GUARANTY COMPANY, A...
Roseman v. Town Square Association - 12/5/2001
ON MOTION FOR REHEARING
We grant the motion for rehearing and clarification. We withdraw our previously issued opinion and substitute the following in its place.
In her appeal from a judgment in favor of appellee...
Department of Revenue v. Springer - 11/30/2001
Appeal from the Circuit Court for Brevard County, Vincent G. Torpy, Jr., Judge.
The Department of Revenue, on behalf of Karen Springer, (DOR) appeals the final order entered by the trial court denying its request to place a lien...
La Rosa v. Gem Paver Systems - 9/26/2001
An appeal from the Circuit Court of Dade County, Jon I. Gordon, Judge.
Raul De La Rosa appeals a summary judgment in favor of the Gem Paver Systems, Inc. in a personal injury action. We reverse.
While he was making a...
Orange County Fire Rescue v. Antonelli - 9/26/2001
An appeal from an order of the Judge of Compensation Claims. Richard S. Thompson, Judge.
EN BANC
In this workers' compensation appeal, the employer and servicing agent challenge the exclusion of permanent total disability...
York v. Falasca - 9/21/2001
Petition for Certiorari Review of Order From the Circuit Court for Citrus County, Barbara Gurrola, Judge.
HARRIS, J.
ON MOTION FOR CLARIFICATION
It appears that we overlooked an order in the file indicating that the...
Estate of Blanchard v. Central Park Lodges - 9/21/2001
Appeal from non-final order of the Circuit Court for Pinellas County; Crockett Farnell, Judge.
The estate of Dorothy Blanchard, by and through Harold Blanchard as personal representative (the Estate), appeals from a non-final...
Rosen v. Florida Insurance Guaranty Association - 9/20/2001
Petition for rehearing filed October 5, 2001. Petition for rehearing denied December 11, 2001.
BONNIE ROSEN, PETITIONER, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, RESPONDENT.
Application for Review of the Decision of the...
Smiley v. Nelson - 9/14/2001
Appeal from the Circuit Court for Manatee County; Scott M. Brownell, Judge.
The Smileys, defendants in an action for negligence arising from a 1994 motor vehicle accident, appeal a final judgment entered after jury trial in favor...
Gouty v. Schnepel - 9/13/2001
We have for review a decision of the First District Court of Appeal on the following question, which the court certified to be of great public importance:
WHERE THE PLAINTIFF HAS DELIVERED A WRITTEN RELEASE OR COVENANT NOT TO SUE...
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