TORTS: WRONGFUL DEATH: NEGLIGENCE: PREMISES LIABILITY: FAILURE TO PROVIDE SECURITY: CIVIL PROCEDURE: DIRECTED VERDICT: LACK OF FORCED ENTRY INTO VICTIMS’ APARTMENT DID NOT REFUTE CAUSATION AS MATTER OF LAW

Sanders v. ERP Operating Limited Partnership, ___ So. 3d ___, 40 Fla. L. Weekly S85 (Fla. February 12, 2015)

The victims were shot to death in their apartment by an unknown assailant, but there were no signs of forced entry. The owner of the apartment complex, “a national company owning approximately 100 properties,” was allegedly negligent for “failing to: (1) … 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...

TORTS: MOTOR VEHICLE NEGLIGENCE: DAMAGES: FUTURE NON-ECONOMIC DAMAGES: A VERDICT IS NOT INADEQUATE AS A MATTER OF LAW IF THE JURY FINDS THAT THE PLAINTIFF SUSTAINED A PERMANENT INJURY BUT FAILS TO AWARD FUTURE NONECONOMIC DAMAGES: THE PROPER INQUIRY IS WHETHER THE VERDICT IS CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE; APPEALS: TRIAL COURT ABUSED ITS DISCRETION BY GRANTING NEW TRIAL BASED UPON AN ERRONEOUS VIEW OF THE LAW: APPELLATE COURT REMANDS FOR RECONSIDERATION UNDER CORRECT LEGAL PRINCIPLES

Buitrago v. Feaster, ___ So. 3d ___, 40 Fla. L. Weekly D81 (Fla. 2d DCA December 31, 2014)

The jury in a motor vehicle negligence case awarded damages to the plaintiff for past and future medical expenses, lost wages, and past noneconomic damages but awarded nothing for future noneconomic damages. The plaintiff moved for a new trial on future noneconomic … 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...

TORTS: MOTOR VEHICLE NEGLIGENCE: INSURANCE: UNINSURED MOTORIST COVERAGE: CIVIL PROCEDURE: DIRECTED VERDICT: APPEALS: INVITED ERROR: TRIAL COURT DID NOT ERR BY DIRECTING A VERDICT IN FAVOR OF UNINSURED MOTORIST CARRIER AFTER PLAINTIFF ABANDONED HER CLAIM AGAINST PHANTOM MOTORIST

Millsaps v. Kaltenbach, ___ So. 3d ___, 39 Fla. L. Weekly D2553 (Fla. 4th DCA December 10, 2014)

When the defendant, in a motor vehicle negligence case, alleged that he was not negligent because he was evading a phantom motorist when the collision occurred, the plaintiff amended her complaint to add her uninsured motorist carrier as a defendant. During … Click To Read Full Case Law Review...