Florida’s Offer of Judgment Rule RCP 1.442, was intended to provide incentives and encouragement for settlement. Instead, it has continually been the subject of appellate judicial discussion. The Rule contemplated that if an offer of settlement was made by either side which was rejected, and the offering party beat the offer by more than 25%, [...]
It has become common following an adverse verdict for the losing party to research the litigation history of jurors in the hopes of showing juror misconduct which would justify a new trial. In a recent case, the Fourth District Court of Appeals had the opportunity to review the law on this subject and clarify the [...]
Florida Statute 501.201 through 501.213, the Florida Deceptive and Unfair Trade Practices Act is a powerful consumer protection weapon. It provides for the imposition of compensatory and punitive damages as well as attorney’s fees against anyone who utilizes deceptive and unfair trade practices. The Supreme Court in PNR, Inc. v Beacon Property Management, Inc., 28 [...]
A defective children’s product that causes injury or harm to any child is a fear for all parents, and such defective products are also a reality. Strict product liability laws attempt to hold the makers, advertisers, and sellers of these products accountable for their part in bringing dangerous products to market that harm children. Under [...]
Defective cribs have recently been recalled by the Consumer Product Safety Commission (CPSC) for hazards representing serious risks to infants and toddlers. The most prominent of defective crib recalls has come from the defective design of drop-side cribs. Most notably, the CPSC has recalled 2 million StorkCraft sold in 2009, the largest single-unit recall in [...]
It has been held over and over again that a trial court’s failure to allow a party to exercise a peremptory challenge at any time before the jury is sworn is reversible error. Dobeck v Ans, 475 So.2d 1266 (Fla. 4th DCA 1985), Carames v Golden, 445 So.3d 1140 (Fla. 3rd DCA 1984); Fla. Rock [...]
Long ago Florida adopted the principle that where there are two successive accidents, the jury should attempt to apportion the damages suffered by the plaintiff in each but if that cannot reasonably be done, the second tortfeasor will be held liable for the entire injury. C.F. Hamblen, Inc. v Owens, 127 Fla. 91, 172 So.2d [...]
An employer of an injured plaintiff is ordinarily entitled to immunity from suit for its negligence because of the workers’ compensation statutes. On the other hand, §440.39(7), Fla. Stat. (1997) requires an employer to cooperate with an employee in the maintenance of any suit against a third party. That obligation requires the employer to preserve [...]
Who hasn’t had it happen? You receive a document from opposing counsel with the envelope properly addressed to your firm but inside is a letter or other document intended for a witness or someone else connected with the opposing counsel’s case. Obviously a secretary has put the wrong thing in the wrong envelope or improperly [...]
The law in Florida is settled that actions of a Plaintiff in a malpractice case which precede the negligence of the Defendant, even though those actions contribute to the condition for which the Plaintiff seeks treatment, cannot be used as a defense by the Defendant when the malpractice causes a distinct subsequent injury. See Matthews [...]
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