SUMMARY JUDGMENT; SLIP AND FALL

Spatz v. Embassy Home Care, Inc., ___ So. 2d ___, 34 Fla. L. Weekly D768 (Fla. 4th DCA 4/15/09)

In her complaint and deposition, the plaintiff stated that she caught her foot under an area rug but, in her belated statement of summary judgment evidence, filed only the day before the hearing, the plaintiff claimed that she tripped near … Click To Read Full Case Law Review...

WORK PRODUCT

Neighborhood Health Partnership, Inc. v. Merkle, ___ So. 2d ___, 34 Fla. L. Weekly D766 (Fla. 4th DCA 4/15/09)

An HMO reimbursed non-contract providers of emergency medical services at 120% of the Medicare rate, but the providers contended that they were entitled to be paid at the usual and customary rate for similar services in the community.  Although the … Click To Read Full Case Law Review...

SETTLEMENT

Baratta v. Bradford Electronic, Inc., ____ So. 2d ____, 34 Fla. L. Weekly D764 (Fla. 4th DCA 4/15/09)

A motion to enforce a settlement was granted despite the untimely acceptance of a proposal for settlement.  The following sequence of events occurred:

5/30/07      Defendant files a proposal for settlement

6/04/07      The proposal for settlement expires

6/08/07      Plaintiff requests a … Click To Read Full Case Law Review...

SOVEREIGN IMMUNITY

Department of Children and Family Services v. Chapman, ___ So. 2d ___, 34 Fla. L. Weekly D754 (Fla. 2d DCA 4/15/09)

“The dispositive issue in this case is whether DCF’s statutory duty to license and monitor the activities of substance abuse counselors creates a duty in tort owing to a counselor’s client when a counselor, whom DCF never should have … Click To Read Full Case Law Review...