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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Goeden v. CM III - 5/10/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Dade County, Eleanor Schockett, Judge.
Dixie Lee Goeden appeals an adverse summary judgment in her...
Dimare - 5/10/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Dade County, Ronald M. Friedman, Judge.
DiMare, Inc. and Anthony DiMare appeal an order granting a new...
Wolfe v. Nazaire - 5/10/2000
This is an appeal from an order taxing attorney's fees in favor of appellee, Elizabeth Nazaire, following this court's mandate in Wolfe v. Nazaire, 713 So. 2d 1108 (Fla. 4th DCA 1998) (Wolfe I). We hold that the trial court abused its...
Mastrilli v. Progressive Bayside Insurance Co. - 5/5/2000
Appeal from the Circuit Court for Hillsborough County; Edward H. Ward, Judge.
PER CURIAM.
Affirmed.
CAMPBELL, A.C.J., and WHATLEY, J., and DANAHY, PAUL W., (SENIOR) JUDGE, Concur. ...
Rollins v. Pizzarelli - 5/4/2000
OPINION ON REHEARING
PER CURIAM.
Upon consideration of the respondents' motion for rehearing, rehearing is granted. The opinion issued in this case on February 4, 1999, is withdrawn, and the following opinion is substituted...
Allstate Insurance Co. v. Rudnick - 5/4/2000
PER CURIAM.
We have for review Allstate Insurance Co. v. Rudnick, 706 So. 2d 389 (Fla. 4th DCA 1998), in which the Fourth District certified conflict with the decision in Kokotis v. DeMarco, 679 So. 2d 296 (Fla. 5th DCA 1996),...
Barbado v. Green & Murphy - 5/3/2000
Brenda Barbado appeals the dismissal of her complaint for professional negligence and breach of fiduciary duty against appellee, Green & Murphy, P.A., and for breach of contract against appellee, State Farm. In the final judgment,...
Universl Medical Center of South Florida v. Fortune Insurance Company - 5/3/2000
An appeal from the Circuit Court of Dade County, Margarita Esquiroz, Judge.
Universal Medical Center of South Florida and Advanced Diagnostic Testing, Inc., assignees of an insured's personal injury protection benefits, appeal...
JM Family Enterprises - 5/3/2000
Petitioners seek review of a non-final order denying their motion to dismiss Respondents' complaint in equity for a pure bill of discovery. We grant the petition.
Respondents filed this complaint against Petitioners-Kelli...
Progressive Express Insurance Company v. MTM Diagnostics - 3/24/2000
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Honorable James S. Moody, Judge.
Petitioner Progressive Express Insurance Company ("Progressive") and cross-petitioner MTM Diagnostics, Inc. d/b/a...
Network Publications - 3/24/2000
Appeal from the Circuit Court for Brevard County, Clarence T. Johnson, Jr., Senior Judge.
In this consolidated appeal, Network Publications, Inc. (Network) appeals the final order entered by the trial court awarding Russell and...
In re Amendments to The Rules Regulating The Florida Bar - 3/23/2000
The Florida Bar, pursuant to Rule Regulating the Florida Bar 1-12.1, has filed its annual proposed changes to the Rules Regulating The Florida Bar. We have jurisdiction. Art. V, § 15, Fla. Const. The Board of Governors of The Florida...
Gwynn v. Daly Agency - 3/22/2000
An appeal from the Circuit Court for Dade County, Amy N. Dean, Judge.
Darrell Gwynn appeals a summary judgment entered in favor of appellees Daly Agency, Inc. and Haggerty & Sons Insurance Agency, Inc. (collectively "the...
U.S. Security Insurance Co. v. Cahuasqui - 3/22/2000
An appeal from the Circuit Court for Dade County, Linda Dakis, Judge.
This is an appeal from a final order of the county court denying an award of attorney's fees to the defendant/appellant, US Security Insurance Company ("US...
Levin v. Welleby Management Association - 3/22/2000
Levin appeals after a jury found Welleby not liable for negligence in this personal injury claim. Levin argues that the trial court erred in excluding evidence regarding a prior accident, and in excluding certain medical testimony. We...
State Farm Mutual Automobile Insurance Co. v. Vega - 3/22/2000
An appeal from the Circuit Court for Dade County, Bernard S. Shapiro, Judge.
On this appeal, we are asked to determine whether health insurance benefits received by an insured as payments for past medical expenses are subject to...
Birch v. Albert - 3/22/2000
An Appeal from the Circuit Court for Miami-Dade County, Fredricka G. Smith, Judge.
Plaintiffs appeal an order granting a new trial in favor of the defendants in a medical malpractice action based upon juror non- disclosure. The...
City of Tallahassee v. Scott - 3/17/2000
An appeal from an order of the Judge of Compensation Claims. John J. Lazzara, Judge.
This workers' compensation case involves application of the concept of major contributing cause as embodied in section 440.09(1)(b), Florida...
Hankey v. Yarian - 3/16/2000
We have for review Hankey v. Yarian, 719 So. 2d 987 (Fla. 5th DCA 1998) based on certified direct conflict with the decision in Rothschild v. NME Hospitals, Inc., 707 So. 2d 952 (Fla. 4th DCA 1998). We have jurisdiction. See art. V, §...
INVO Florida - 3/15/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
An Appeal from the Circuit Court for Dade County, Alan L. Postman, Judge.
Invo Florida, Inc. (Invo) appeals the trial court's Final Summary...
Holderbaum v. ITCO Holding Company - 3/15/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the Circuit Court for Dade County, Amy Steele Donner, Judge.
The plaintiffs are the survivors of a deceased employee. They...
Liguori v. Daly - 3/15/2000
Louis Liguori, the defendant below, appeals from the trial court's award of attorney's fees and costs, which was based on appellee's proposal for settlement. We address the timeliness of the offer.
On June 11, 1997, the trial...
Pirelli Armstrong Tire Corporation v. Jensen - 3/15/2000
BY ORDER OF THE COURT:
Appellant's motion for rehearing and motion for rehearing en banc are denied. We grant Appellant's request for certification, withdraw our previous opinion, and substitute the following in its place. ...
Berlin v. Reid - 3/9/2000
An appeal from the Circuit Court for Madison County. James Roy Bean, Judge.
In these consolidated appeals, appellant seeks review of final summary judgments entered against her in a wrongful death action. The record shows that...
U.S. Security Insurance Co. v. Cimino - 3/9/2000
We have for review Cimino v. U.S. Security Insurance Co., 715 So. 2d 1092 (Fla. 1st DCA 1998), wherein the district court certified conflict with Klipper v. Government Employees Insurance Co., 571 So. 2d 26 (Fla. 2d DCA 1990). We have...
Watkins v. Gilbride Heller & Brown - 3/8/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court of Dade County, Celeste Muir, Judge.
Floyd Watkins appeals an adverse final summary judgment in a legal...
Hamm v. Royal Caribbean Cruises - 3/8/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
An Appeal from the Circuit Court for Dade County, Bernard S. Shapiro, Judge.
Clay Hamm (Hamm), appeals and Royal Caribbean Cruises, Ltd....
Catapane v. Catapane - 3/8/2000
This appeal arises out of the settlement of a wrongful death action, and the dispute involves the allocation of attorney's fees between counsel for the personal representative, who was the decedent's wife, and counsel for the...
Peachtree Casualty v. Walden - 3/3/2000
Petition for Certiorari Review of Decision from the Circuit Court for Marion County Acting in its Appellate Capacity.
Petitioner Peachtree Casualty seeks certiorari review of a decision of the circuit court acting in its...
Livingston v. State Farm Mutual Automobile Insurance Company - 3/3/2000
Appeal from the County Court for Hillsborough County; James M. Barton, II, Judge.
Cecelia Watkins Livingston appeals a final summary judgment entered in favor of State Farm Mutual Automobile Insurance Company ("State Farm") in...
Dempsey v. Law Firm of Cauthen & Odham - 3/3/2000
Appeal from the Circuit Court for Brevard County, John Dean Moxley, Judge.
Dempsey appeals from two final summary judgments rendered by the trial court in favor of two sets of defendants: the law firm of Cauthen & Odham, P.A....
Vest v. Travelers Insurance Company - 3/2/2000
As corrected March 23, 2000.
We have for review Vest v. Travelers Insurance Co., 710 So. 2d 982 (Fla. 1st DCA 1998), a case in which the district court misapplied this Court's holdings in Blanchard v. State Farm Mutual Automobile...
Turner v. PCR - 3/2/2000
As corrected March 16, 2000
DEBRA ANN TURNER, JAMES CREIGHTON AND LYNN CREIGHTON, PETITIONERS, v. PCR, INC., RESPONDENT.
Application for Review of the Decision of the District Court of Appeal -Certified Great Public...
American Airlines - 3/1/2000
We have in hand a probate order determining that appellee was the spouse of the deceased. This determination arises in the midst of a wrongful death action in federal court in which his claim to be the spouse is being contested by...
Ovadia v. Bloom - 3/1/2000
An Appeal from the Circuit Court for Dade County, Juan Ramirez, Jr., Judge.
Joseph Ovadia, M.D., appeals a final summary judgment. We affirm.
On February 3, 4, and 5, 1993, WTVJ-TV, an NBC subsidiary, broadcast a report on...
Kenyon v. Miller - 3/1/2000
An appeal from the Circuit Court for Dade County, Shelley J. Kravitz, Judge.
This is an appeal from a final judgment, following a jury verdict in favor of the appellee, Wilma Miller ("Miller"), in a medical malpractice action...
Coffaro v. Hillsborough County Hospital Authority - 2/25/2000
Appeal from the Circuit Court for Hillsborough County; James S. Moody, Jr., Judge.
In these consolidated cases, Rebecca Coffaro appeals the summary judgments and dismissals of her medical malpractice claims against Mental Health...
Tejada v. Roberts - 2/23/2000
After an adverse judgment in a medical malpractice case, plaintiff-appellee Lucille Roberts moved for a new trial on the ground that two jurors had failed to disclose prior litigation history. The trial court interpreted the case law...
Burnette v. Stanton - 2/18/2000
Petition for Certiorari Review of Order from the Circuit Court for St. Johns County, Richard G. Weinberg, Judge.
Petitioner, Hugh Burnette, is charged with the DUI manslaughter of David Stanton. Stanton's estate has also sued...
Green v. School Board of Pasco County - 2/18/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.
We reverse the summary final judgment awarded to the School Board of...
Heggs v. State - 2/17/2000
As amended May 4, 2000.
PER CURIAM
We have for review a circuit court judgment certified as having a great effect on the proper administration of justice throughout Florida and as requiring immediate resolution by this...
National Union Fire Insurance Company of Pittsburgh v. Blackmon - 2/16/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
CORRECTED OPINION filed April 7, 2000.
An appeal from the Circuit Court for Santa Rosa County. Paul Rasmussen, Judge. ...
Borden v. Phillips - 2/16/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED.
An appeal from the Circuit Court for Okaloosa County. Jack R. Heflin, Judge.
The personal representative of the estate of Kenneth...
Garriga v. Guerra - 2/16/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court of Dade County, Juan Ramirez, Judge.
Juana Garriga, the plaintiff below, appeals a final judgment in a...
Smith v. Hooligan's Pub & Oyster Bar - 2/16/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
An Appeal from the Circuit Court for Dade County, Harold Solomon, Judge.
ON MOTION FOR REHEARING - GRANTED
We grant Appellees' Motion...
Smith v. St. Vil - 2/9/2000
Petitioner filed this petition for writ of certiorari seeking relief from the trial court's order staying the underlying civil case until petitioner, the plaintiff below in this personal injury action, nears completion of his nine-year...
Clark v. Polk County - 2/9/2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Polk County; J. Tim Strickland, Judge.
The estate of Jane Hargraves filed a wrongful death action following...
Juliano v. Allstate Insurance Company - 2/9/2000
The Julianos, personal injury plaintiffs below, appeal a final judgment dismissing their complaint for lack of prosecution.
In 1995 the appellants filed suit against appellees to recover for injuries sustained in an automobile...
Beekie v. Morgan - 2/4/2000
CORRECTED
Petition for Certiorari Review of Order from the Circuit Court for Orange County, Richard F. Conrad, Judge.
The Petition for Writ of Certiorari is granted and we remand to allow the petitioner, Beekie, to...
Nationwide Mutual Fire Insurance Company v. Pinnacle Medical - 2/3/2000
We have on appeal Delta Casualty Co. v. Pinnacle Medical, Inc., 721 So. 2d 321 (Fla. 5th DCA 1998), a decision in which the Fifth District Court of Appeal declared a portion of section 627.736(5), Florida Statutes (1995),...
Nationwide Mutual Fire Insurance Co. v. Southeast Diagnostics - 2/2/2000
The county court has certified a question of great public importance to this court pursuant to Florida Rule of Appellate Procedure 9.160(b) which we rephrase as follows:
IS AN INSURER REQUIRED BY SECTION 627.736(7)(a) , FLORIDA...
Gramman v. Stachkunas - 12/23/1999
Petition for Certiorari Review of Order from the Circuit Court for Orange County, W. Rogers Turner, Judge.
Kimberly C. Gramman, the defendant in a pending personal injury case, seeks certiorari review of an order compelling...
Bardol v. Martin - 12/22/1999
The appellants seek reversal of the final judgment entered in favor of the appellee, their mother. On appeal, the appellants argue the trial court erred in granting a summary judgment determining that a cause of action for retroactive...
Bonzalez v. Ravirifici - 12/22/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
On Rehearing Granted
The opinion of this Court filed on August 4, 1999, is vacated and this opinion is substituted in its stead.
Carlos...
State v. Thompson - 12/22/1999
We have for review Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), in which the Second District Court of Appeal held unconstitutional chapter 95-182, Laws of Florida. Specifically, the court found that chapter 95-182 violates the...
Murphy v. Thorton - 12/21/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED.
An appeal from an order of the Circuit Court for Bay County. Clinton E. Foster, Judge.
This cause is before us on the trial...
Horowitz v. Laske - 12/17/1999
Non-Final Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.
Marvin Horowitz, a Michigan attorney, and Horowitz & Gudeman, P.C. (collectively, "Horowitz"), a Michigan law firm, third-party defendants below,...
Department of Highway Safety and Motor Vehicles v. Weinstein - 12/15/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An Appeal from the Circuit Court for Dade County, Philip Bloom, Judge.
After it won a jury verdict and resulting judgment in a personal...
Williams v. Infinity Insurance Company - 12/10/1999
Appeal from the Circuit Court for Orange County, Joseph P. Baker, Judge.
This is an appeal from the final dismissal of an action alleging that the appellees, Infinity Insurance Company, Allstate Insurance Company and Progressive...
Emerine v. Scaglione - 12/10/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Hillsborough County; Sam D. Pendino, Judge.
PARKER, Acting Chief Judge.
Michael L. Emerine, as personal...
Patrick v. Christian Radio - 12/10/1999
Appeal from the Circuit Court for Lake County, Jerry T. Lockett, Judge.
James Patrick appeals the trial court's Final Judgment Granting Motion to Enforce Settlement Agreement. Patrick contends that the trial court erred in...
Monroe v. Sarasota County School Board - 12/10/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Sarasota County; Lee E. Haworth, Judge.
Ronald Monroe appeals the dismissal of his complaint against the...
Hershkowitz v. State - 12/8/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
An appeal from the Circuit Court for Dade County, Robert M. Deehl, Judge.
Jerome M. Hershkowitz was convicted below of unlawful solicitation...
Corbitt v. Kuruvilla - 12/8/1999
Appellants, John D. Corbitt, M.D. and Donald Friedman, as Personal Representative of the Estate of Bertram Friedman, appeal from two final orders granting summary judgment in favor of three co-defendants, Genevieve Kuruvilla, M.D.,...
Mira Group - 12/8/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
An appeal from a non-final order from the Circuit Court for Dade County, Celeste Muir, Judge.
The appellee, Juan Duran, plaintiff below, filed...
Stick v. Bostick - 12/8/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Charlotte County; Donald E. Pellecchia, Judge.
Appellant, Pamela Evelyn Stick, challenges the $5,362,656.00...
Pirelli Armstrong Tire Corporation v. Jensen - 12/8/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Hillsborough County; Manuel Menendez, Jr., Judge.
Pirelli Armstrong Tire Corporation [Pirelli] was sued for a...
L.B. Trucking & Construction - 12/1/1999
Appellant appeals from non-final orders granting a temporary injunction enjoining it from transferring any of its assets and appointing a receiver to operate its business, and denying its motion to dissolve the injunction.
Halid...
Smith v. Hooligan's Pub & Oyster Bar - 12/1/1999
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
An Appeal from the Circuit Court for Dade County, Harold Solomon, Judge.
Susan and James Smith (the Smiths), parents of the deceased David...
General Crane - 9/22/1999
We affirm a final judgment in favor of Appellees against General Crane, Inc., (General Crane) and Teslia, a crane operator, for a personal injury to Grady McNeal on a construction site.
McNeal is an employee of Form Works, Inc.,...
Doe v. Broward County School Board - 9/22/1999
This is an appeal from a final summary judgment for the defendants, Broward County School Board and the Young Men's Christian Association (YMCA), in a personal injury lawsuit for negligent supervision stemming from an alleged sexual...
Wall v. Alvarez - 9/17/1999
This is an auto accident personal injury case in which Ilan Wall appeals the trial court's grant of a new trial on damages following a defense verdict. Appellant, who was the defendant below, raises three points on appeal. He first...
Tucker v. John Galt Insurance Agency Corporation - 9/17/1999
The narrow issue in this case is whether, in an action brought by an employer against an insurance agent for the breach of a contract to provide workers' compensation insurance coverage, the employer must seek all of its potential...
O'Shea v. Phillips - 9/17/1999
The issue in this case is whether Chapter 766, Florida Statutes (1997), presuit requirements apply to a claim that a health care facility negligently supervised or retained an employee who sexually assaulted a patient. We hold that the...
Eastman v. Flor-Ohio - 9/17/1999
Appeal from the Circuit Court for Brevard County, Bruce W. Jacobus, Judge.
ON MOTION FOR REHEARING
Upon review of appellant's motion for rehearing of the July 2, 1999 opinion of this court, we withdraw the same and issue...
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