TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: COMPARATIVE NEGLIGENCE: PLAINTIFF WAS NOT COMPARATIVELY NEGLIGENT FOR WEARING FOUR TO FIVE INCH HIGH-HEELED SHOES TO WORK

Bongiorno v. Americorp, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D760 (Fla. 5th DCA March 27, 2015)

The plaintiff slipped and fell on an unusually slippery floor in the restroom of the office building where she worked. The trial court, sitting without a jury, found that the plaintiff was 50% comparatively negligent because she was wearing four … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PROBATE COURT LACKED JURISIDICTION TO REALLOCATE DAMAGES TO SURVIVORS BASED UPON THEIR PRETRIAL AGREEMENT: AN AWARD OF WRONGFUL DEATH DAMAGES TO SURVIVORS IS NOT PROPERTY OF THE ESTATE THAT INTERESTED PARTIES MAY AGREE TO REALLOCATE

Pitcher v. Waldo, ___ So. 3d ___, 40 Fla. L. Weekly D726 (Fla. 4th DCA March 25, 2015)

The parents agreed to split wrongful death damages to survivors 60% to the mother and 40% to the father, but the jury awarded $1 million to the mother and only $100,000 to the father. The father filed a petition for declaratory … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PROBATE COURT LACKED JURISIDICTION TO REALLOCATE DAMAGES TO SURVIVORS BASED UPON THEIR PRETRIAL AGREEMENT: AN AWARD OF WRONGFUL DEATH DAMAGES TO SURVIVORS IS NOT PROPERTY OF THE ESTATE THAT INTERESTED PARTIES MAY AGREE TO REALLOCATE

Pitcher v. Waldo, ___ So. 3d ___, 40 Fla. L. Weekly D726 (Fla. 4th DCA March 25, 2015)

The parents agreed to split wrongful death damages to survivors 60% to the mother and 40% to the father, but the jury awarded $1 million to the mother and only $100,000 to the father. The father filed a petition for declaratory … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE PER SE: TREE TRIMMER ELECTROCUTED WHEN PALM FROND CAME IN CONTACT WITH POWER LINE: VIOLATIONS OF PROVISIONS OF NATIONAL ELECTRIC SAFETY CODE DEALING WITH RECORDATION AND REMEDYING OF DEFECTS AND TREE TRIMMING DID NOT CONSTITUE NEGLIGENCE PER SE BECAUSE DECEDENT DID NOT FALL WITHIN THE CLASS OF PERSONS THE PROVISIONS WERE DESIGNED TO PROTECT

Vitrano v. Florida Power & Light Company, ___ So. 3d ___, 40 Fla. L. Weekly D732 (Fla. 4th DCA March 25, 2015)

A homeowner hired the decedent to trim his trees. The decedent was electrocuted when a palm frond came into contact with an overhead electrical wire, and the widow sued FP&L for wrongful death. The jury returned a … Click To Read Full Case Law Review...