TORTS: NEGLIGENCE: SLIP AND FALL: INSURANCE: MEDICAL PAYMENTS COVERAGE: NONJOINDER STATUTE; APPEALS: CERTIORARI: APPELLATE COURT QUASHES ORDER DENYING MOTION TO SEVER ACTION FOR PERSONAL INJURIES FROM ACTION FOR BREACH OF CONTRACT AGAINST TORTFEASOR’S LIABILITY CARRIER FOR FAILING TO EXTEND MEDPAY COVERAGE TO PLAINTIFF BECAUSE COMBINING THE TWO ACTION VIOLATED THE SPIRIT OF THE NONJOINDER STATUTE BY ALLOWING THE JURY TO DISCOVER THAT THE TORTFEASOR WAS INSURED

Starr Indemnity & Liability Company v. Morris, ___ So. 3d ___, 40 Fla. L. Weekly D147 (Fla. 3d DCA January 7, 2015)

After the plaintiff slipped and fell on a sport fishing boat, she sued the owner and the captain of the vessel for negligence, and she sued the owner’s liability insurer for breach of contract based upon the failure … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: SLIP AND FALL OVER RAISED WOODEN PLANK IN WHARF-LIKE DECK DURING MARDI GRAS FESTIVAL; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT FOR DEFENDANT REVERSED BECAUSE OF ISSUES WHETHER DECK WAS PROPERLY MAINTAINED AND CONDITION WAS OPEN AND OBVIOUS

Doering v. The Villages Operating Company, ___ So. 3d ___, 40 Fla. L. Weekly D49 (Fla. 5th DCA December 19, 2014)

The plaintiff slipped and fell over a raised wooden plank in a wharf-like deck during a Mardi Gras festival. The defendant contended that the condition was open and obvious and was not dangerous because the unevenness of the … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: NEW TRIAL: ORDER GRANTING MOTION FOR NEW TRIAL AFFIRMED: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY DETERMINING THAT NEW TRIAL WAS WARRANTED BASED UPON THE MISCONDUCT OF THE DEFENDANT AND TWO JURORS AND A VERDICT THAT WAS CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE

Meadowbrook Meat Company v. Cantinella, ___ So. 3d ___, 39 Fla. L. Weekly D2515 (Fla. 2d DCA December 3, 2014)

The appellate court affirmed an order granting the plaintiff’s motion for new trial in a slip and fall case. The trial court did not abuse its discretion by determining that a new trial was warranted based upon (1) the misconduct … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: NEW TRIAL: ORDER GRANTING MOTION FOR NEW TRIAL AFFIRMED: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY DETERMINING THAT NEW TRIAL WAS WARRANTED BASED UPON THE MISCONDUCT OF THE DEFENDANT AND TWO JURORS AND A VERDICT THAT WAS CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE

Meadowbrook Meat Company v. Cantinella, ___ So. 3d ___, 39 Fla. L. Weekly D2515 (Fla. 2d DCA December 3, 2014)

The appellate court affirmed an order granting the plaintiff’s motion for new trial in a slip and fall case.  The trial court did not abuse its discretion by determining that a new trial was warranted based upon (1) the misconduct … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: FOUR MINUTES INSUFFICIENT TO IMPART CONSTRUCTIVE NOTICE OF DANGEROUS CONDITION  

Walker v. Winn-Dixie Stores, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1750 (Fla. 1st DCA August 20, 2014)

The plaintiff slipped and fell on unnoticeable drops of rainwater near the entrance to a supermarket.  Video surveillance reflected that the area was inspected by store personnel approximately three minutes before the accident occurred, and the plaintiff testified that … Click To Read Full Case Law Review...