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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May v. Illinois National Insurance Co. - 11/16/2000
We have for review a question of Florida law certified by the United States Court of Appeals for the Eleventh Circuit as determinative of a cause pending before that court and for which there is no controlling precedent. Specifically,...
Woods v. Estate Of Woods - 11/15/2000
An appeal from the Circuit Court for Dade County, Sydney B. Shapiro, Judge.
Following the settlement of a wrongful death action on behalf of the estate of the decedent, Jeremy C. Woods, a minor, the proceeding became a contest...
King v. Macaleer - 11/15/2000
Appeal from the Circuit Court for Pinellas County; Crockett Farnell, Judge.
Julia King seeks reversal of the order dismissing her personal injury lawsuit for failure to comply with the trial court's discovery orders. We conclude...
Alligator Enterprises v. General Agent's Insurance Co. - 11/9/2000
Appeal from the Circuit Court for Orange County, Walter Komanski, Judge.
Alligator Enterprises, Inc. (Alligator) appeals the final order entered by the trial court in this declaratory judgment action determining that General...
Yell v. Healthmark Of Walton - 11/9/2000
Appeal and cross-appeal from the Circuit Court for Walton County. Lewis R. Lindsey, Judge.
Linda Yell (Yell) appeals, and Florida Physicians Insurance Company, Incorporated (insurer) cross-appeals, a final declaratory judgment....
Amerisure Insurance Co. v. Gold Coast Marine Distributors - 11/1/2000
Amerisure Insurance Company (Amerisure) appeals a final judgment holding that it had a duty to defend its insureds, Gold Coast Marine Distributors, Inc. (Gold Coast) and Donald Mains (Mains), as well as to afford coverage and...
Cunningham v. City Of Dania - 9/27/2000
This is an appeal from a final order dismissing appellant's wrongful death complaint against the City of Dania and Broward County Sheriff Kenneth Jenne, II, after appellant's son, Eric Cunningham Jackson, was killed in a drive-by...
Hernandez v. United Contractors Corp. - 9/27/2000
An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge.
ON MOTION FOR CLARIFICATION
We grant Appellant's Motion for Clarification on our original opinion. Accordingly, this court's opinion filed July...
Miller v. Halbach - 9/25/2000
An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge.
Appellant, Larry White, appeals the final judgment and the order denying his motion for new trial with regard to his lawsuit for recovery for injuries...
Splaine v. City Of West Palm Beach - 9/20/2000
Appellants, Joseph Splaine and Robin Splaine, appeal from summary judgment entered in favor of the City of West Palm Beach and Tower Systems South, Inc. f/k/a Casey's Tower Service ("Tower Systems") . We disagree with the trial...
Grip Development - 9/20/2000
ON MOTION FOR REHEARING AND CLARIFICATION
Coldwell Banker Residential Real Estate, Inc. filed a motion for rehearing, motion for rehearing en banc, and motion to certify conflict. We grant rehearing in part, withdraw our original...
Barrio v. Wilson - 9/15/2000
Appeal from the Circuit Court for Hillsborough County; Gasper J. Ficarrotta, Judge.
The personal representative of Martin Ortega's estate, Amanda Barrio, filed a lawsuit alleging that Ortega's death stemmed in part from medical...
Camejo v. Smith - 9/15/2000
Appeal from the Circuit Court for Hillsborough County; Robert H. Bonanno, Judge.
Ricardo Camejo appeals an order denying his motion for attorney's fees and costs. Camejo's motion for fees and costs was based upon a $100 offer of...
McKenna v. Carlson - 9/15/2000
Appeal from the Circuit Court for Seminole County, Nancy F. Alley, Judge.
The defendant, McKenna, appeals from a final order denying her motions for attorney fees and costs based upon offers of judgment made in an action for...
Hearndon v. Graham - 9/14/2000
We have for review a decision passing upon the following certified question of great public importance:
WHERE A PLAINTIFF IN A TORT ACTION BASED UPON CHILD ABUSE ALLEGES THAT SHE SUFFERED FROM TRAUMATIC AMNESIA CAUSED BY THE...
Anderson v. Ewing - 9/13/2000
ON MOTION FOR REHEARING
We withdraw our previously issued opinion and substitute the following in its place.
In this medical malpractice action, involving delivery of the appellee Cindy Ewing's child, the trial court denied...
Elder v. Farulla - 9/6/2000
Appeal from the Circuit Court for Pinellas County; Thomas E. Penick, Jr., Judge.
In this medical malpractice case, Mary Elder challenges the trial court's order granting a judgment notwithstanding the verdict and, in the...
Kammer v. Hurley - 9/6/2000
This is an appeal from a jury verdict which found that the defendants caused a negligent stillbirth and which awarded the plaintiffs, parents of the stillborn child, damages for their mental pain and anguish and for medical expenses...
Carman v. Guardianship Of Potter - 9/6/2000
An appeal from Circuit Court for Dixie County. James Roy Bean, Judge.
Having considered the briefs and oral argument in this case, we find that the court below lacked jurisdiction over Mark Avera's claim for attorney's fees....
Celebrity Cruises - 9/6/2000
Appeals from non-final orders from the Circuit Court of Miami-Dade County, Paul Siegel and Gerald Hubbart, Judges.
Celebrity Cruises, Inc., Galaxy Cruise Services, and Apollo Ship Chandlers, Inc. [collectively "Celebrity"],...
Louisiana Pacific Corporation v. Harcus - 9/1/2000
An appeal from an order of the Judge of Compensation Claims. C. Douglas Brown, Judge.
Appellants Louisiana Pacific Corporation, Louisiana Pacific, and Gates McDonald (the employer/carrier or E/C) raise two issues in this case:...
Myklejord v. Morris - 8/31/2000
Appeal from the Circuit Court for Lake County, Don F. Briggs, Judge.
This is an appeal from dismissal judgments in a medical malpractice case. Appellant was a patient who had cancer which was not detected by the appellee health...
Tapia-Ruano v. Alvarez - 8/30/2000
An Appeal from the Circuit Court for Miami-Dade County, Steve Levine, Judge.
Appellants/plaintiffs, Maria Gloria Estanillo and Osvaldo Tapia- Ruano, appeal the dismissal with prejudice of their medical malpractice complaint for...
Nationwide Mutual Fire Insurance Co. v. Mazzarino - 8/30/2000
Nationwide Mutual Fire Insurance Company appeals a Final Summary Judgment entered in favor of Appellee, Andrew Mazzarino (Mazzarino). The underlying action by Mazzarino sought a declaration of coverage under an automobile insurance...
Pavolini v. Bird - 8/30/2000
Appeal from the Circuit Court for Orange County, Richard F. Conrad, Judge.
The appellants, Arturo and Stephanie Pavolini, appeal the trial court's order of dismissal of their derivative claims in the underlying medical...
Garcia v. State Farm Mutual Automobile Insurance Co. - 8/25/2000
Non-Final Appeal from the Circuit Court for Osceola County, John H. Adams, Sr., Judge.
Lourdes Garcia appeals the order compelling arbitration of her personal injury protection claim against her insurer, State Farm Mutual...
Schnepel v. Gouty - 8/25/2000
An appeal from the Circuit Court for Duval County. Karen K. Cole, Judge.
Injured by a bullet fired from J. Alan Schnepel's gun, John M. Gouty sued both the gun owner and its manufacturer, Glock, Inc. (Glock). Before the trial...
Wojcik v. Brooksville Regional Hospital - 8/23/2000
Appeal from non-final order of the Circuit Court for Pasco County; Wayne L. Cobb, Judge.
In this medical malpractice action, the plaintiff, Janet Wojcik, appeals the trial court's non-final order granting the defendant...
MBL Life Assurance Corp. v. Suarez - 8/23/2000
An appeal from the Circuit Court for Dade County, Lawrence A. Schwartz, Judge.
This is an appeal from a final judgment entered pursuant to a jury verdict in favor of the appellee/plaintiff in a wrongful death case. The decedent...
Walker-White v. Pezzullo-Burgs - 8/23/2000
Veronica Walker-White and Kevin White appeal the administrative law panel's ruling provisionally awarding them non-economic damages. Based upon the supreme court's decision in St. Mary's Hospital, Inc. v. Phillipe, Nos. SC 91894, SC...
In re Standard Jury Instructions-Civil Cases - 8/17/2000
The Supreme Court Committee on Standard Jury Instructions (Civil) has submitted to this Court proposed amendments to the Florida Standard Jury Instructions in Civil Cases. We have jurisdiction. See art. V, § 2(a), Fla. Const; see also...
Hudson v. State - 8/16/2000
An appeal from the Circuit Court for Walton County. Lewis Lindsey, Judge.
Appellant was charged with committing three counts of sexual battery with a deadly weapon or physical force likely to cause serious injury and one count of...
Borne v. Lawnwood Regional Medical Center - 8/16/2000
In this medical malpractice action, the trial court determined that Appellant's expert was not qualified under section 766.102(6)(a)(b), Florida Statutes, to render an opinion as to the standard of care of emergency room physicians....
Labaton v. Mellert - 8/16/2000
We are compelled to affirm the final judgment herein as the record before the trial court does not justify the conclusion that it abused its discretion, and there is extant authority for the action it took. See, e.g., Schmidt v....
Meitus v. Carnival Cruise Lines - 8/9/2000
An appeal from a non-final order from the circuit court for Dade County, Bernard S. Shapiro, Judge.
Dr. Marvin L. Meitus, Dr. Neil S. Schneider, and the doctors' professional association (the PA) appeal an order granting partial...
Budget Rent-A-Car Systems - 8/9/2000
We grant appellees' motion for issuance of corrected opinion. The opinion issued in this case on June 23, 1999 is withdrawn, and the following opinion is substituted in its place.
Budget Rent-A-Car Systems, Inc. ("Budget")...
Perris v. Estate of Perris - 8/9/2000
ON MOTION FOR CLARIFICATION
Appellant's motion for clarification is granted. The opinion issued June 28, 2000 is withdrawn and we substitute this opinion.
This case concerns the computation of attorney's fees in a wrongful...
Munoz v. South Miami Hosptial - 8/9/2000
An Appeal from the Circuit Court for Dade County, Fredricka G. Smith, Judge.
ON MOTION FOR REHEARING
Upon consideration of the motion for rehearing, which is otherwise denied, the majority opinion filed on April 19, 2000 is...
Garnett v. McClellan - 8/4/2000
Appeal from the Circuit Court for Volusia County, David A. Monaco, Judge.
Ethelene Garnett appeals from an order granting a new trial to Raymond McClellan, the defendant below, in her personal injury action. The court granted the...
Progressive Express Insurance Co. v. Russell - 8/2/2000
Progressive Express Insurance Company ("Progressive"), timely appeals a non-final order granting Robert Russell's ("Russell") motion for summary judgment as to his entitlement to uninsured motorist (UM) coverage. After review, we...
Virginia Insurance Reciprocal v. Walker - 8/1/2000
An appeal from the Circuit Court for Leon County. Judge Richard O. Watson.
The plaintiff, Virginia Insurance Reciprocal, appeals a final summary judgment on its claim for contribution against the defendants, Dr. Frank C. Walker...
Toombs v. Alamo Rent-A-Car - 7/28/2000
Appeal from the Circuit Court for Osceola County, John H. Adams, Sr., Judge.
Richard Toombs, as Personal Representative of the Estate of Julia Studdard, appeals a final summary judgment in favor of Alamo Rent-A-Car, Inc. in a...
Robert v. Paschall - 7/28/2000
Appeal from the Circuit Court for Putnam County, Stephen L. Boyles, Judge.
Donna and John Robert allege that Donna went to Putnam Community Medical Center ("Putnam") for treatment after fracturing her humerus. At Putnam, she was...
Darden v. Beverly Health & Rehabilitation - 7/28/2000
Appeal from the Circuit Court for Orange County, Walter Komanski, Judge.
William Darden, in his capacity as the personal representative of the Estate of Vera Griffin, appeals the final order entered by the trial court dismissing...
Doig v. Chester - 6/30/2000
Administrative Appeal from the Division of Administrative Hearings
This is an appeal from an arbitration award made pursuant to the medical malpractice arbitration statute. We affirm the award except in one respect. We agree with...
Laschke v. Brown & Williamson Tobacco Corp. - 6/30/2000
Appeal from the Circuit Court for Pinellas County; Thomas E. Penick, Jr., Judge.
Appellants, Jane and Rudolph Laschke (the Laschkes), challenge the trial court's final summary judgment entered in favor of Appellees, Lorillard...
St. Mary's Hospital - 6/29/2000
As revised October 19, 2000.The Motions for Rehearing filed on behalf of St. Mary's Hospital and Dirk Franzen & Dirk Franzen, M.D., P.A., are hereby denied.
We have before us St. Mary's Hospital, Inc. v. Phillipe, 699 So. 2d...
Special Disability Trust Fund v. Dade County School Board - 6/29/2000
An appeal from an order of the Judge of Compensation Claims. Alan M. Kuker, Judge.
Appellant, the Special Disability Trust Fund, challenges a final workers' compensation order granting a reimbursement claim made by the Dade...
Nacht v. Levin - 6/28/2000
An Appeal from the Circuit Court for Dade County, Thomas S. Wilson, Jr., Judge.
Affirmed. See § 768.20, Fla. Stat. (1999) ("The [wrongful death] action shall be brought by the decedent's personal representative."); Benson v....
Calvo v. Melia - 6/28/2000
An Appeal from the Circuit Court for Dade County, Amy N. Dean, Judge.
Spanish citizens appeal from a non-final order dismissing, on the basis of forum non conveniens, a personal injury action arising from an accident that...
Perris v. Estate of Peris - 6/28/2000
This case concerns the computation of attorney's fees in a wrongful death action. Eighteen-year-old Giovonni Perris was killed in an automobile accident. His father was the personal representative of the estate. On the two applicable...
Eller Media Company v. Serrano - 6/28/2000
An Appeal from a non-final order of the Circuit Court for Miami- Dade County, Jon I. Gordon, Judge.
Appellants Eller Media Company, Clearchannel Communications, Inc., and Victor Garcia seek reversal of the denial of their motions...
King v. Rojas - 6/28/2000
In this medical malpractice action arising from the birth of a child who is now permanently injured, at first plaintiffs sued only the mother's obstetrician. Plaintiffs later added a pediatrician as well as the hospital as additional...
State Farm Life Insurance Company v. Florida Asset Financing Corporation - 6/28/2000
State Farm Life Insurance Company and State Farm Fire and Casualty Company ("State Farm") appeal a final summary judgment and final judgment of garnishment in favor of Florida Asset Financing Corporation ("Florida Asset"). We affirm. ...
James v. State - 6/26/2000
An appeal from the Circuit Court for Gadsden County. William L. Gary, Judge.
Derrick James challenges his conviction for second degree murder and carrying a concealed firearm arguing that the trial court erred in allowing the...
Clemente v. Freshman - 6/21/2000
An appeal from the Circuit Court for Dade County, Jennifer D. Bailey, and Amy N. Dean, and Robbie Barr, Judges.
Reynel Clemente appeals the dismissal, with prejudice, of his legal malpractice action against his former legal...
Herzog v. K-Mart Corporation - 6/14/2000
OWEN, WILLIAM C., JR., Senior Judge:
Appellants, plaintiffs in this personal injury action tried before a jury, recovered judgment for an amount significantly less than the offer of judgment made by appellee. Their sole issue on...
Mazzoni Farms - 6/8/2000
We have for review the following two questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit to be determinative of a cause pending in that court and for which there appears to be no...
Beauvais v. Edell - 6/7/2000
EN BANC
Appellant plaintiff contends that the trial court should have granted her motion for new trial because the total amount awarded her by the jury for injuries arising out of an accident was the same as her medical expenses....
Ocean Harbor Casualty v. Aleman - 6/7/2000
An appeal from the Circuit Court for Miami-Dade County, Amy Steele Donner, Judge.
PER CURIAM.
Affirmed. Bergh v. Canadian Universal Ins. Co., 216 So. 2d 436 (Fla. 1968); Columbia Cas. Co. v. Zimmerman, 62 So. 2d 338 (Fla....
Wagner v. Brandeberry - 6/2/2000
Appeal from the Circuit Court for Hillsborough County; Gregory P. Holder, Judge.
Anthony Wagner challenges the trial court's order denying him an award of attorney's fees pursuant to his proposal for settlement served on Steve...
[W] Bogosian v. State Farm Mutual Automobile Insurance Company - 5/31/2000
OPINION WITHDRAWN and new opinion filed May 29, 2002.
WANE BOGOSIAN, APPELLANT, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE.
LOWER TRIBUNAL NO. 96-13928
Tilghman & Vieth, P.A., and Robert C....
Hansborough v. State - 5/31/2000
PER CURIAM.
Hansbrough pled no contest to a lesser offense of conspiracy to commit insurance solicitation, reserving the right to appeal the denial of his dispositive motion to dismiss the information charging him with unlawful...
Spindler v. Brito-Deforge - 5/26/2000
Appeal from the Circuit Court for Citrus County, Barbara Gurrola, Judge.
Isabell Spindler, as personal representative of the estate of Arthur H. Spindler, sued The Oaks at Seven Rivers Community Hospital and Dr. Mercedes...
Figliolia v. Butler - 5/24/2000
PER CURIAM.
Shonte Butler (Butler) filed a personal injury complaint against Dominic Figliolia (Figliolia), Vincent Manno (Manno), and Allstate Insurance Company (Allstate) for two separate accidents occurring on December 19,...
Grip Development - 5/24/2000
In case number 4D99-1513, Grip Development, Inc. ("Grip") appeals after the court denied its motion for new trial on damages awarded to its broker, Coldwell Banker Residential Real Estate, Inc. ("Coldwell Banker"). Grip argues that the...
Minsky v. Minsky - 5/24/2000
Appeal from the Circuit Court for Hillsborough County; Katherine G. Essrig, Judge.
Stuart Minsky (the husband) appeals from a final judgment of dissolution of marriage and challenges the trial court's rulings regarding (1) the...
O'Leary v. Florida Birth-Related Neurological Injury Compensation Association - 5/19/2000
Administrative Appeal from the Division of Administrative Hearings.
The issue presented by this appeal is whether an administrative law judge has jurisdiction to determine that notice to a patient of a physician's participation...
Covert v.South Florida Stadium Corp. - 5/17/2000
An Appeal from the Circuit Court for Miami-Dade County, Steve Levine, Judge.
Appellant/plaintiff Michael James Covert, M.D. appeals a judgment on the pleadings in favor of the appellee/defendant South Florida Stadium Corp...
Juarbe v. Gomez - 5/17/2000
In this medical malpractice action, we agree with the trial court that the specialty involved in this case is cytopathology. Therefore, we conclude that the trial court did not abuse its discretion in striking the plaintiff's expert,...
Hess v. Hess - 5/17/2000
The issue in this case is whether a probate judge must take into consideration the comparative fault of a survivor when asked to allocate proceeds of a wrongful death claim that has been settled before suit is filed. We hold that when...
Chambers v. State - 5/15/2000
An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge.
Appellant was found guilty of the third-degree felony of attempted sexual battery not likely to cause serious personal injury (Count One) and misdemeanor...
Bejerano v. State - 5/12/2000
Appeal from the Circuit Court for Orange County, Robert W. Rawlins, Jr., Senior Judge.
Bejerano appeals from a final judgment finding him guilty of racketeering, organized fraud (less than $20,000), and two counts of insurance...
Cold Storage Cafe - 5/12/2000
Appeal from the Circuit Court for Hills-borough County; Edward H. Ward, Judge.
Appellee Jennifer Barone was injured by flying shattered glass when appellee Robert Hine struck a large window on the premises of the Cold Storage...
Ewing v. Sellinger - 5/10/2000
In their appeal from an order granting a post-trial directed verdict in favor of the doctor in a medical malpractice case involving the labor and birth of appellants' child, the appellants contend that they provided a prima facie case...
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