TORTS: PERSONAL INJURY: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT; INSURANCE: SUPPLEMENTARY PAYMENTS: ATTORNEY’S FEES AWARDED UNDER A PROPOSAL FOR SETTLEMENT ARE COVERED AS COSTS UNDER THE SUPPLEMENTARY PAYMENTS PROVISION OF AN AUTOMOBILE LIABILITY INSURANCE POLICY: CONTRACTS: CONSTRUCTION: AMBIGUOUS POLICIES MUST BE CONSTRUED IN FAVOR OF COVERAGE

GEICO General Insurance Company v. Hollingsworth, ___ So. 3d ___, 40 Fla. L. Weekly D308 (Fla. 5th DCA January 30, 2015)

The appellate court, in a personal injury case, affirmed final judgment holding the automobile liability insurer liable for attorney’s fees awarded against its insured under a proposal for settlement. The liability of the insurer was based upon a … Click To Read Full Case Law Review...

TORTS: PERSONAL INJURY: CAUSATION: SHOPPER STRUCK IN BACK BY 8.4 OUNCE, SQUISHY, ORNAMENTAL PUMPKIN: TRIAL COURT ERRED BY GRANTING NEW TRIAL ON DAMAGES FOR INITIAL MEDICAL EVALUATION OF PLAINTIFF, AFTER JURY RETURNED ZERO VERDICT, BECAUSE BIOMECHANICAL ENGINEER TESTIFIED IMPACT COULD NOT HAVE CAUSED INJURY TO PLAINTIFF; APPEALS: PRESERVATION: PLAINTIFF DID NOT PRESERVE CHALLENGE TO VERDICT BECAUSE SHE FAILED TO OBJECT TO JURY INSTRUCTIONS OR VERDICT FORM AND FAILED TO MOVE FOR A DIRECTED VERDICT ON ENTITLEMENT TO RECOVERY OF DIAGNOSTIC BILLS

Schwartz v. Wal-Mart Stores, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D215 (Fla. 5th DCA January 16, 2015)

The plaintiff was struck in the back by an 8.4 ounce, squishy, ornamental pumpkin while shopping at Wal-Mart. Although the store admitted that its employees were negligent, it “vigorously contested causation and damages” and called a biomedical engineer, who … Click To Read Full Case Law Review...

INTERNET LAW; TORTS: PERSONAL INJURY; CIVIL PROCEDURE: DISCOVERY: PLAINTIFF DOES NOT HAVE REASONABLE EXPECTATION OF PRIVACY IN PHOTOGRAPHS THAT SHE HAS POSTED ON FACEBOOK REGARDLESS OF HER PRIVACY SETTINGS: RELEVANCE OF PHOTOGRAPHS OVERWHELMS PLAINTIFF’S MINIMAL PRIVACY INTERESTS: STORED COMMUNICATIONS ACT DOES NOT APPLY TO INDIVIDUALS WHO USE THE COMMUNICATIONS SERVICES PROVIDED; APPEALS: CERTIORARI

Nucci v. Target Corporation, ___ So. 3d ___, 40 Fla. L. Weekly D166 (Fla. 4th DCA January 7, 2015)

The trial court ordered the plaintiff in a slip and fall case to produce all photographs depicting her on her Facebook account from the period two years before the accident to the present, and the appellate court denied the plaintiff’s … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: PERSONAL INJURY: DAMAGES: NON-ECONOMIC DAMAGES: INADEQUATE VERDICT; CIVIL PROCEDURE: NEW TRIAL: APPEALS: PRESERVATION: APPELLATE COURT AFFIRMS ORDER GRANTING NEW TRIAL ON NON-ECONOMIC DAMAGES ONLY BECAUSE DEFENDANT ARGUED FOR FIRST TIME ON APPEAL THAT NEW TRIAL SHOULD EXTEND TO LIABILITY AND DAMAGES

Witherell v. Larimer, ___ So. 3d ___, 39 Fla. L. Weekly D2574 (Fla. 5th DCA December 12, 2014)

The jury, in a motor vehicle negligence case in which the issue of liability was vigorously contested, found that the parties were equally at fault and awarded past economic damages of $88,749.84 and non-economic damages of $0. When the trial court … Click To Read Full Case Law Review...

INSURANCE: COMMERCIAL GENERAL LIABILITY INSURANCE: PERSONAL INJURY COVERAGE: INSURANCE COMPANY HAD A DUTY TO DEFEND FOUR INSURED OFFICERS, WHO WERE SUED FOR DEFAMING A FIFTH INSURED OFFICER, DURING THE COURSE OF THEIR DUTIES AS OFFICERS: INSURANCE COMPANY WITH A DUTY TO DEFEND ANY CLAIM HAS A DUTY TO DEFEND ALL CLAIMS: RULING ON DUTY TO INDEMNIFY WAS PREMATURE BECAUSE FURTHER FACTUAL DEVELOPMENT THROUGH DISCOVERY OR TRIAL WAS NECESSARY

Khatib v. Old Dominion Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D2534 (Fla. 1st DCA December 5, 2014)

The appellate court reversed an order determining that a commercial general liability insurer did not have the duty to defend or indemnify four officers of the insured corporation, who were sued by a fifth officer for defaming him, … Click To Read Full Case Law Review...