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: 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...

TORTS: MOTOR VEHICLE NEGLIGENCE; CIVIL PROCEDURE: AMENDMENT: RELATION BACK: AMENDED COMPLAINT AGAINST WIFE DID NOT RELATE BACK TO INITIAL COMPLAINT AGAINST HUSBAND

Russ v. Williams, ___ So. 3d ___, 40 Fla. L. Weekly D709 (Fla. 1st DCA March 20, 2015)

A plaintiff, who sustained personal injuries in a motor vehicle accident, sued the husband as the owner and operator of the other vehicle. After the statute of limitations ran, the husband filed a motion for summary judgment contending that his wife … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; INSURANCE: UNINSURED MOTORIST COVERAGE; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT WAS AMBIGUOUS AND UNENFORCEABLE BECAUSE THE AMOUNT OF THE PROPOSAL IN WORDS WAS DIFFERENT FROM THE AMOUNT IN NUMERALS

Government Employees Insurance Company v. Ryan, ___ So. 3d ___, 40 Fla. L. Weekly D617 (Fla. 4th DCA March 11, 2015)

The plaintiff in an action for uninsured motorist benefits served a proposal for settlement that stated the amount of the proposal was “One Hundred Thousand Dollars ($50,000)” and that “[t]he total amount of this settlement shall not exceed … Click To Read Full Case Law Review...