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: WRONGFUL DEATH: INHERENTLY DANGEROUS ACTIVITIES: WHETHER PARKING A FLAT BED TRUCK WITH REPLACEMENT POWER POLES ALONGSIDE A ROADWAY WAS AN ULTRAHAZARDOUS ACTIVITY WAS A QUESTION OF FACT FOR THE JURY, BUT THE EVIDENCE DID NOT AS A MATTER OF LAW SUPPORT THE AWARD OF PUNITIVE DAMAGES: AN ATTEMPT TO COVER UP LIABILITY FOR AN ACCIDENT AFTER IT HAS OCCURRED DOES NOT JUSTIFY AN AWARD OF PUNITIVE DAMAGES

The L.E. Myers Company v. Young, ___ So. 3d ___, 40 Fla. L. Weekly D541 (Fla. 2d DCA February 27, 2015)

FPL hired a general contractor to replace four 85 foot power poles, weighing 21,000 pounds apiece. While the work was in progress, a motorist, who was “traveling at 91 miles per hour in a 40-mile-per-hour zone and weaving in … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE; APPEALS: PRESERVATION: WAIVER: INVITED ERROR: PLAINTIFF WAIVED ARGUMENT THAT FINDING OF ENGLE CLASS MEMBERSHIP PRECLUDED FINDING THAT DEATH WAS NOT CAUSALLY RELATED TO DEFENDANT’S WRONGFUL ACTS BECAUSE PLAINTIFF’S COUNSEL ADVOCATED OR AGREED TO INSTRUCTIONS AND VERDICT FORM THAT SUBMITTED ISSUE OF CAUSATION TO THE JURY

Baker v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 40 Fla. L. Weekly D476 (Fla. 4th DCA February 18, 2015)

The jury found that the decedent was a member of the Engle class but that the defendant’s wrongful acts were not the cause of his death. The plaintiff moved for a new trial based upon the premise that … Click To Read Full Case Law Review...