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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North Miami Medical Center v. Prezeau - 9/12/2001
The defendant, North Miami Medical Center d/b/a Parkway Regional Medical Center [Parkway], appeals, and the plaintiff, Marie Kettly Prezeau, as Personal Representative of the Estate of Philip Ricky Michel, a deceased minor,...
Platz v. Auto Recycling and Repair - 9/7/2001
Appeal from the Circuit Court for Lee County; Jay B. Rosman, Judge.
Ryan Platz, Jr. received a favorable jury verdict in his dog bite suit against Ronald Barnett, Sr., Auto Recycling and Repair, Inc., and Barnett Towing, Inc. He...
Infinity Insurance Company v. Berges - 9/7/2001
On August 1, 2001, this court issued its opinion in this case. On August 10, 2001, this court inadvertently issued a different version of that opinion, which was also dated August 1, 2001, but was transmitted electronically on August...
Muzzio v. Auto-Owners Insurance Co. - 9/7/2001
Appeal from the Circuit Court for Hillsborough County; Edward H. Ward, Judge.
Thomas and Teresa Muzzio appeal a declaratory judgment, which determined that Auto-Owners Insurance Company had no duty to defend or indemnify its...
Waxman v. Truman - 8/29/2001
In this personal injury action arising from an automobile accident, Samuel Benjamin Waxman, the defendant at trial, timely appeals after the trial court ordered a new trial on damages. We reverse for further proceedings, as explained...
Fishman & Stashak v. Hollingsworth - 8/22/2001
On petition for writ of certiorari to the Circuit Court for Dade County, Barbara S. Levenson, Judge.
Fishman & Stashak, M.D.'s P.A. d/b/a Gold Coast Orthopedics and Rehabilitation ("Gold Coast") petitions for a writ of...
Fish and Wildlife Conservation Commission v. Wilkinson - 8/17/2001
Appeal from non-final order of the Circuit Court for Lee County; Jack R. Schoonover, Associate (Senior) Judge.
The Fish and Wildlife Conservation Commission (the Commission) appeals a non-final order denying its motion to dismiss...
Hillsborough County School Board v. Christopher - 8/14/2001
An appeal from an order of the Judge of Compensation Claims. William D. Douglas, Judge.
Hillsborough County School Board and RSKCo. (hereinafter "the E/C"), assert four issues on appeal challenging various aspects of an order...
Dunlevy v. Seminole County Department of Public Safety - 8/14/2001
As amended September 24, 2001.
MICHAEL DUNLEVY, APPELLANT v. SEMINOLE COUNTY DEPARTMENT OF PUBLIC SAFETY AND GALLAGHER BASSETT SERVICES, INC., APPELLEES
Christian G. Payer, Orlando; Bill McCabe of Shepherd, McCabe &...
Curtis v. Donati - 8/10/2001
Appeal from the Circuit Court for Orange County, Belvin Perry, Jr., Judge.
Appellants, who appear pro se, seek reversal of a summary final judgment entered in favor of appellees, Norman L. Donati, M.D., and Jewett Orthopaedic...
Jefferson v. Wayne Dalton Corporation - 8/10/2001
An appeal from an order of the Judge of Compensation Claims. Michael J. DeMarko, Judge.
Michael Jefferson, claimant below, appeals an order of the judge of compensation claims denying him authorization both for medical care and...
Pozo v. Roadhouse Grill - 8/10/2001
Non-Final Appeal from the Circuit Court for Orange County, William C. Gridley, Judge.
Pozo appeals the trial court's non-final order denying his motion to dismiss for improper venue. This court has jurisdiction to review this...
Snyder v. Alamo Rent-A-Car - 8/10/2001
Appeal from the Circuit Court for Orange County, Joseph P. Baker, Judge.
AFFIRMED.
COBB and HARRIS, JJ., concur.
SHARP, W., J., concurs specially with opinion.
As were the other judges who heard this case, I am...
Michelin Tire Corp. v. Milbrook - 8/8/2001
An appeal from the Circuit Court for Dade County, Jon I. Gordon, Judge and Herbert Stettin, Judge.
In these consolidated cases, a tire manufacturer appeals a final judgment entered in an estate's favor for the death of two van...
Nationwide Mutual Insurance Co. v. Nu-Best Diagnostic Labs - 8/3/2001
9.160 Appeal from the County Court for Orange County, Jerry L. Brewer, Judge.
This consolidated appeal is based on orders certified to be of great public importance by the county court. Nationwide Mutual Fire Insurance Company...
York v. Falasca - 8/3/2001
Petition for Certiorari Review of Order from the Circuit Court for Citrus County, Barbara Gurrola, Judge.
John York was fatally injured when his automobile collided with one being driven by Falasca and owned by Michelle Trefry....
Florida Birth-Related Neurological Injury Compensation Association v. Feld - 8/1/2001
Dr. Feld, an obstetrician, was a participant in the Florida Birth- Related Neurological Injury Compensation Association (NICA), which was established by our legislature to provide no-fault compensation for birth-related neurological...
Chancellor Media Whiteco Outdoor - 7/30/2001
Administrative Appeal from the Department of Transportation.
ON MOTION FOR REHEARING EN BANC
We have elected to consider this matter en banc. We withdraw the prior panel opinion and substitute the following in its stead. ...
Flo-Sun - 3/29/2001
Petition for rehearing filed April 16, 2001. Rehearing denied May 22, 2001.
FLO-SUN, INC., ET AL., PETITIONERS, v. CLAUDE R. KIRK, ET AL., RESPONDENTS. SUGAR CANE GROWERS COOPERATIVE OF FLORIDA, PETITIONER, v. CLAUDE R. KIRK, ET...
Partington v. Metallic Engineering Co. - 3/28/2001
This is the second appeal in a personal injury action brought by appellant, James Partington (Partington) against appellees, Jon C. Ball (Ball), Metallic Engineering (Metallic), and Ryder Truck Rental, Inc. (Ryder). Partington was...
Reyes v. State - 3/28/2001
An Appeal from the Circuit Court for Dade County, Jerald Bagley, Judge.
This case involves an all-too-common, all-too-tragic feature of modern American urban life. On August 19, 1995, a young woman named Evangelina Ramirez and...
United Automobile Inurance Co. v. Tienna - 3/28/2001
Ciceron Tienna alleges that he sustained injuries in an automobile accident on October 2, 1995. On or about October 30, 1995, Tienna submitted a claim for personal injury protection (PIP) benefits with United Automobile Insurance...
Arabia v. Siedlecki - 3/28/2001
EN BANC ON MOTION FOR REHEARING
Appellant's motion for rehearing is granted. We withdraw our previously issued opinion and substitute the following in its place.
This case arises from a dispute over attorney's fees. The...
Sullivan v. Sears Authorized Termite And Pest Control - 3/28/2001
Shelly Sullivan (Sullivan) seeks review of a non-final order of the circuit court granting Sears Authorized Termite and Pest Control, Inc., f/k/a All American Termite and Pest Control, Inc.'s (Sears) motion to abate and compel...
State Department of Transportation v. Rosario - 3/23/2001
Appellee Errol Rosario's motion for rehearing is granted. The opinion issued September 27, 2000, is withdrawn, and the attached opinion is substituted therefor. The motion is otherwise denied. No further motions for rehearing will be...
Gonzalez v. Price - 3/23/2001
Appeal from the Circuit Court for Putnam County, A. W. Nichols, III, Judge.
Of the several issues on appeal in this personal injury action, we find that only one merits discussion. Price was injured when her vehicle was struck by...
Cunningham v. Florida Dept. of Children and Families - 3/22/2001
An appeal from the Circuit Court for Duval County. Thomas Oakley, Judge.
Appellant appeals the circuit court's dismissal of his wrongful death survivor's claim, with prejudice. The claim was dismissed on grounds that it was...
La Torre v. Orta - 3/21/2001
Armando De La Torre and Armando De La Torre, M.D., P.A. (collectively "the doctor" or the defendant") appeal an order striking their pleadings. We conclude that the striking of the defendant's pleadings was too severe a sanction and...
Somberg v. Florida Convalescent Centers - 3/21/2001
On Motion for Rehearing
On consideration of appellee's motion for rehearing, we withdraw the opinion dated December 20, 2000, and substitute the following opinion.
We are called on to determine whether a claim for damages...
Herzfeld v. Herzfeld - 3/15/2001
We have for review the opinion in Herzfeld v. Herzfeld, 732 So. 2d 1102 (Fla. 3d DCA 1999), which certified conflict with the opinion in Richards v. Richards, 599 So. 2d 135 (Fla. 5th DCA 1992). We have jurisdiction. See art. V, ยง...
Tomlain v. Grenitz - 3/14/2001
Plaintiffs appeal a judgment based on a defense verdict in a medical malpractice case, arguing that the trial court erred in precluding a neuropsychologist from testifying as to why he believed their baby's brain damage occurred during...
Villazon v. Prudential Health Care Plan - 3/14/2001
An Appeal from the Circuit Court for Miami-Dade County, David L. Tobin, Judge.
Rolando Villazon, plaintiff below, appeals the entry of an adverse summary judgment in a wrongful death action filed against his deceased wife's...
Auto Owners Insurance Company v. Marzulli - 3/14/2001
Respondent's motion for rehearing is granted; the motion for rehearing en banc is denied. The opinion dated December 6, 2000, is withdrawn, and the attached opinion is substituted therefor.
NOT FINAL UNTIL TIME EXPIRES TO FILE...
Cheverie v. Geisser - 3/14/2001
In this wrongful death action arising out of an automobile accident, Solanje Cheverie, the plaintiff below, appeals the order dismissing her complaint. The trial court dismissed the complaint upon determining that the parties had...
Value Rent-A-Car - 3/14/2001
Appeal from the Circuit Court for Hillsborough County; Gasper J. Ficarrotta, Judge.
Value Rent-A-Car appeals the dismissal of its indemnity suit, with prejudice. Because the complaint in this case states a cause of action, we...
Pacheco v. Florida Power & Light Co. - 3/14/2001
Appeals from the Circuit Court for Dade County, Jon Gordon, Judge.
On January 7, 1998, Guillermo Pacheco was electrocuted while working as a plasterer during the construction of a warehouse building in Medley. The accident...
London v. Doctor's Hospital - 3/14/2001
An Appeal from the Circuit Court for Dade County, Amy Dean, Judge.
Upon careful review of the extensive record in the light of the briefs of the parties and the written argument submitted by the appellant in this medical...
Oglesby v. State Farm Mutual Automobile Insurance Co. - 3/9/2001
9.160 Appeal from the County Court for Orange County, Jerry L. Brewer, Judge.
The county court granted summary judgment in favor of the insurer on a claim for medical benefits under a PIP policy, finding that the benefits under...
Integrated Health Care Services - 3/9/2001
Petitioner, Bon Secours Health System, Inc., Bon Secours Maria Manor Nursing Center, a/k/a Bon Secours Maria Manor Nursing Care Center, a/k/a Bon Secours Maria Manor Nursing Facility's motion for rehearing and for certification is...
Sawczak v. Goldenberg - 3/7/2001
ON REMAND
In this medical malpractice action, Shirley Sawczak appealed from a jury verdict and judgment rendered in favor of her radiologist, the radiology group, and the hospital where she underwent what was supposed to be...
Bornemann v. Ure - 3/7/2001
Defendants appeal a $13 million dollar judgment in an accident case. The primary argument they advance, and the only one we address, is that the trial court erred in denying their motion for new trial grounded on the claim that a...
Boehnen v. Carnival Cruise Lines - 3/7/2001
An Appeal from the Circuit Court for Miami-Dade County, Murray Goldman, Judge.
Vivian Boehnen and Tonya Boehnen appeal the dismissal of their original complaint and the dismissal with prejudice of their amended complaint. Because...
June v. Coren - 3/7/2001
An appeal from the Circuit Court for Dade County, Alan Postman, Judge.
Alfreda June appeals after the trial court directed a verdict in favor of the defendant, appellee Leslie Allison Coren, in a personal injury action. We have...
Torrey v. Leesburg Regional Medical Center - 3/2/2001
Appeal from the Circuit Court for Lake County, G. Richard Singeltary, Judge.
ON MOTION FOR REHEARING
In our initial opinion in this matter we affirmed the trial court's dismissal of the action based on the fact that...
Thomason v. Gordon - 3/2/2001
Appeal from the Circuit Court for Osceola County, John H. Adams, Sr., Judge.
Linda Thomason ["Thomason"] appeals a jury verdict in the amount of $5,013.19 entered in her favor in an automobile negligence action. Thomason contends...
Doles v. Koden International - 3/2/2001
Appeal from the Circuit Court for Citrus County, Barbara Gurrola, Judge.
Two fishermen tragically died at sea. The third member of the crew fortunately survived. The estates of the decedents, Jason Palmore and Clifford Stanley,...
Strasser v. Yalamanchi - 2/28/2001
Eugene J. Strasser, M.D., P.A., Eugene Strasser, individually, and Linda Strasser, individually, (collectively "Appellants") timely appeal a final judgment entered in favor of Bose Yalamanchi, M.D., P.A., ("Yalamanchi") following a...
Rodriguez v. Campbell - 2/28/2001
This is the second review of an order awarding attorney's fees in this medical malpractice action. The action was dismissed because plaintiff's counsel failed to conduct a reasonable presuit investigation. Upon dismissal defendant...
State v. Cronin - 12/29/2000
An appeal from the Circuit Court for Duval County. Lance M. Day, Judge.
This is an appeal from a final order dismissing criminal charges against appellees. The state asserts that the trial court erroneous concluded that in order...
Barclay v. Susac - 12/29/2000
UPON CONSIDERATION of Appellee's motion for rehearing and Appellant's response, the motion is granted to the extent that the opinion dated August 30, 2000, is hereby withdrawn and the attached opinion is substituted therefor.
NOT...
Allstate Insurance Co. v. Rush - 12/27/2000
In this personal injury action, Joe and Pamela Rush settled with one of three tortfeasors for less than the tortfeasor's policy limits. They then obtained a favorable judgment against the remaining two uninsured tortfeasors and...
Stivers v. Ford Motor Credit Co. - 12/27/2000
The question in this case is whether a financing practice that causes only monetary injury is a public hazard within the meaning of section 69.081, Florida Statutes (2000), the Sunshine in Litigation Act (the "Act"). We hold that such...
Liberty Mutual Insurance Co. v. Wolfson - 12/27/2000
This is an action by an insured, Jeffrey Wolfson (Wolfson), against his uninsured motorist (UM) carrier, Liberty Mutual Insurance Company (Liberty Mutual), seeking coverage for injuries he sustained when an unidentified motorist struck...
Marcoux v. Circle K Stores - 12/27/2000
Lillian and Gerorge Marcoux appeal a final summary judgment entered against them on their claim against appellant, The Miami Herald Publishing Company. The lawsuit arose out of Mrs. Marcoux tripping over newspapers left in the aisle of...
Beverly Health And Rehabilitation Services - 12/27/2000
The Petitioners, Beverly Health and Rehabilitation Services, Inc.; Vantage Health Care Corporation; and Petersen Healthcare, Inc., authorized to operate Cambridge Convalescent Center (Cambridge Convalescent Center), request certiorari...
Dorfman v. Schwabl - 12/22/2000
Appeal from the Circuit Court for Orange County, Richard F. Conrad, Judge.
In this medical negligence case, defendant Charles F. Dorfman, M.D., timely appeals the final judgment entered in favor of plaintiffs Christopher Schwabl...
Allstate Insurance Co. v. Schall - 12/20/2000
Allstate Insurance Company ("Allstate") appeals from the partial summary judgment granted in favor of Ouida Schall for the amount of a bill for a neurological test for which Allstate denied payment under Schall's personal injury...
Barnett v. State Farm Fire & Casualty Co. - 12/20/2000
The Barnetts appeal a declaratory judgment finding that neither the owner nor lessor of a vehicle was liable for the death of their son in an automobile collision. We affirm, but address one issue, whether the lessor could be legally...
Somberg v. Florida Convalescent Centers - 12/20/2000
An appeal from the Circuit Court for Dade County, Michael A. Genden, Judge.
We are called on to determine whether a statutory cause of action against a nursing home for failure to provide adequate health care survives the death...
Somberg v. Florida Conbalescent Centers - 12/20/2000
An appeal from the Circuit Court for Dade County, Michael A. Genden, Judge.
We are called on to determine whether a statutory cause of action against a nursing home for failure to provide adequate health care survives the death...
Cardiovascular Surgeons v. Anthony - 12/15/2000
Appeal from the Circuit Court for Orange County, George A. Sprinkel, IV, Judge.
Jimmy Anthony hired the McMillen, Reinhart & Voght law firm to investigate a potential medical malpractice claim involving a suspected delayed...
Pedroza v. State - 12/15/2000
Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge.
The State of Florida, the appellee, instituted commitment proceedings against Pedro Salsedo Pedroza, the appellant, pursuant to the "Jimmy Ryce Act,"...
Labaton v. Mellert - 12/13/2000
ON REHEARING
Appellant has filed a motion for rehearing, motion for rehearing en banc, motion to certify and a motion to stay mandate. We grant the motion for rehearing in part to correct a factual inaccuracy in the original...
Ivey v. Allstate Insurance Co. - 12/7/2000
We have for review Allstate Insurance Co. v. Ivey, 728 So. 2d 282 (Fla. 3d DCA 1999), on the basis of express and direct conflict with Haines City Community Development v. Heggs, 658 So. 2d 523 (Fla. 1995); Wollard v. Lloyd's &...
David v. Brown - 12/6/2000
A jury found appellant defendant guilty of medical malpractice in this wrongful death action and awarded damages in the amount of $7,772,583. Decedent's widow was awarded $2 million, and each of decedent's four children were awarded $1...
Guadalupe v. Peterson - 12/6/2000
Appeal from the Circuit Court for Pinellas County; Crockett Farnell, Judge.
The appellant challenges an order denying her motion to set aside a settlement and final judgment entered in an action for the wrongful death of her...
Gootee v. Clevinger - 12/1/2000
Appeal from the Circuit Court for Marion County, Victor J. Musleh, Judge.
This is an appeal from a final judgment entered after a jury verdict in favor of the defendants below. Because the lower court erred in failing to excuse...
Reinke v. Wal-Mart Stores - 12/1/2000
An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge.
Mary Reinke, appellant, contends that the trial court erred in entering a cost judgment against her, because more than eight months had expired since...
Foster v. Cianci - 11/29/2000
Appeal from the Circuit Court for Pinellas County; David Seth Walker, Judge.
In this personal injury action against Ralph Foster, III, as personal representative of the estate of Tracey K. Garey, deceased, Foster appeals the...
Mitchell v. Bonnell - 11/29/2000
An Appeal from the Circuit Court for Miami-Dade County, Steve Levine, Judge.
ON MOTION FOR REHEARING
The appellees' motion for rehearing is granted, the original opinion in this case, filed on September 27, 2000, is...
Allstate Indemnity Co. v. Derius - 11/29/2000
We have on appeal a final summary judgment entered for appellee and containing a certified question of great public importance. This court has jurisdiction pursuant to Florida Rules of Appellate Procedure 9.030(b)(4)(a) and 9.160. The...
Florida Bar v. Tauler - 11/22/2000
The Florida Bar has petitioned for review of the referee's report in this case involving attorney discipline. We have jurisdiction under article V, section 15, Florida Constitution, and for the reasons expressed, we approve the...
Kaminester v. State Farm Mutual Automobile Insurance Co. - 11/22/2000
After State Farm paid a PIP provider's MRI bill of $2,900, it conducted an examination under oath of its insured as to the facts underlying the provider's claim. We are told that its insured testified that he was not familiar with the...
Carter v. Brown & Wiulliamson Tobacco Corp. - 11/22/2000
We have for review the decision of Brown & Williamson Tobacco Corp. v. Carter, 723 So. 2d 833 (Fla. 1st DCA 1998), which expressly and directly conflicts with Celotex Corp. v. Copeland, 471 So. 2d 533 (Fla.1985). We have...
Louisiana Pacific Corp. v. Harcus - 11/21/2000
An appeal from an order of the Judge of Compensation Claims. C. Douglas Brown, Judge.
ON MOTION FOR CLARIFICATION, REHEARING, REHEARING EN BANC, AND CERTIFICATION
We grant the motion for clarification filed by appellants,...
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