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Case Notes

Favorable Defense Verdict

By Case Notes, Firm News, Florida Law, Tampa

Paul Chistolini & Kelly Charles-Collins, of Smoak, Chistolini & Barnett, obtained a favorable defense verdict on behalf of their client in Pinellas County on August 15, 2019, following a four day trial. The lawsuit was based on a clear liability motor vehicle accident in which both vehicles were a total loss, and from which Plaintiff was transported to the hospital via ambulance. Plaintiff related a two-level lumbar back fusion and more than $322,000 in medical bills to the accident, and…

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Case Note-Inattentiveness of a juror is enough to satisfy a racially neutral reason for a peremptory strike.

By Case Notes

Travelers Home and Marine Ins. Co., v. Gallo, 2018 WL 2448799 (Fla. 5th DCA, June 1, 2018) By: Kimberly Nuñez, Esq.   The Fifth District Court of Appeal’s ruling in Travelers Home and Marine Ins. Co., v. Gallo, 2018 WL 2448799 (Fla. 5th DCA, June 1, 2018) helps explain how a juror’s nonverbal behavior, such as inattentiveness, can serve as a proper basis to sustain a peremptory strike even after it has been challenged on the basis of race discrimination. Travelers…

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GEICO General Insurance Company v. Martinez, 3D17-1086, 43 Fla. L. Weekly D86a (Fla. 3rd DCA 2017)

By Appellate / Insurance Litigation, Case Notes

By Aaron Proulx, Esquire   In this case, the Third District Court of Appeal addressed the common issue regarding whether an unripe bad faith claim must be dismissed or whether such a claim may be merely abated and remain within the underlying case.  The Third District held that such a claim must be dismissed. This was an automobile accident case.  Plaintiff, Katherine Martinez, filed suit against the tortfeasor, Diana Guevara.  Guevara was insured by GEICO.  Martinez presented a third-party bad…

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Case Note-Third DCA Grants Summary Judgment in Favor of Owner and Maintenance Company in Slip and Fall Case.

By Case Notes, Firm News

By: Kimberly Nuñez, Esq. In its recent opinion in Wilson-Green v. The City of Miami, et al., 42 Fla. L. Weekly D237a (Fla. 3d DCA 2017) affirmed summary judgment in favor of building owner and maintenance company on the issues of duty and constructive notice. The Third District Court of Appeal went on to say that the owner and maintenance company did not owe plaintiff a legal duty to constantly patrol and supervise the area, and the mere presence of…

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Case Note-Future Damages Must be Reasonably Certain to Occur in the Future in Order to be Recoverable.

By Case Notes, Firm News

By: Kimberly Nuñez, Esq. In its recent opinion in Auto Club v. Kenneth Babin, 41 Fla. L. Weekly D2603b (Fla. 5th DCA 2016), the Fifth District Court of Appeal reiterated that only future damages which are reasonably certain to occur in the future are recoverable. Plaintiff can recover the reasonable value or expense of future medical care or treatment only if it is reasonably certain to be incurred in the future. The Fifth District Court of Appeal went on to…

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Case Note- Employers Beware: The Danger of Taking Inconsistent Positions in Workers’ Compensation and Tort Cases.

By Case Notes, Firm News

By: Kimberly Nuñez, Esq. In its recent opinion in Dina Gil, as Administrator of the Estate of Rafael Gil v. Tenet Health System North Shore, Inc., et al., 41 Fla. L. Weekly D2567a (Fla. 4th DCA 2016), the Fourth District Court of Appeal addressed the danger of an employer taking inconsistent positions in workers’ compensation and tort cases. The Fourth District Court of Appeal held that when an employer takes inconsistent positions, the doctrine of estoppel will preclude an employer…

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CASE NOTE – Landowner’s Duty to Warn Independent Contractors of Open and Obvious Dangers

By Case Notes, Firm News

By: Jeffrey Glassman Esq. & Chance Arias Esq. Property owner under no duty to warn independent contractor of open and obvious dangers encountered while performing work under the contract, and an expert affidavit cannot establish a factual question regarding the existence of that duty. Florida courts have routinely recognized that, “a property owner who employs an independent contractor to perform work on his property will not be held liable for injuries sustained by the employee of an independent contractor during…

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CASE NOTE – Open and Obvious Danger? A Landowner’s Duty to Maintain Safe Conditions for Invitees Remains

By Case Notes

By: Steven DiOssi, Esq. A business owner owes two duties to a business invitee: (1) a duty to warn of perils that were known or should have been known to the owner and which the invitee could not discover; and (1) a duty to take ordinary care to keep its premises reasonably safe. Delgado v. Landromax, Inc., 65 So. 3d 1087, 1089 (Fla. 3d DCA 2011). The two duties are not the same. Recently, in Denson v. SM-Planters, A Florida…

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CASE NOTE – PROPOSAL FOR SETTLEMENT – WAS IT MADE IN GOOD FAITH?

By Case Notes

By: Chance Arias, Esq. The Third District Court of Appeals became the latest Florida court to chime in on Proposals for Settlement with their opinion in Isaias v. HT Hackney Co., 40 Fla. L. Weekly D753a (Fla. 3d DCA 2015). In Isaias, the Court found that a nominal $500.00 settlement offer was made in good faith, therefore allowing the defendants to collect attorney’s fees and costs under Rule 1.442(h)(1). Isaias stemmed from a breach of contract suit between a drive-thru…

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Case Note – Offers of Judgment – Clarifying Ambiguity

By Case Notes

By: Ryan Hoyle, Esq. Offers of Judgment, (interchangeably, Proposals for Settlement), are effective tools at securing resolution in a timely, and cost effective manner. Nevertheless, the enforcement of offers for judgment is often unreliable, with courts often finding terms of an offer ambiguous or vague. In Hilton Hotels Corp. etc., et. al. v. Troy Anderson, and Paula Anderson, 2014, WL 7191042 (Fla. 5th DCA 2014), the Fifth District Court of Appeal offered clarity on what, and how, offers involving and…

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