TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: SECTION 768.0755, FLORIDA STATUTES, WHICH REQUIRES EVIDENCE OF ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF A TRANSITORY FOREIGN SUBSTANCE, DOES NOT APPLY RETROACTIVELY TO ACCIDENTS THAT OCCURRED BEFORE JULY 1, 2010: EVIDENCE THAT DEFENDANT HAD EXCLUSIVE CONTROL OF PREMISES FROM WHICH PUDDLE OF WATER FLOWED CREATED AN INFERENCE OF NEGLIGENT MAINTENANCE OR MODE OF OPERATION; CIVIL PROCEDURE: SUMMARY JUDGMENT REVERSED: APPEALS: CONFLICT CERTIFIED

Glaze v. Worley, ___ So. 3d ___, 40 Fla. L. Weekly D555 (Fla. 1st DCA March 3, 2015)

While walking with his sister in a mall, a boy slipped and fell in a puddle of water that originated from the defendant’s business establishment. The trial court entered summary judgment for the defendant based upon its lack of actual or … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE ARBITRATION: ARBITRATION AGREEMENT VIOLATED PUBLIC POLICY BY FAILING TO ADOPT NECESSARY PROVISIONS OF THE MEDICAL MALPRACTICE ACT; APPEALS: CONFLICT CERTIFIED

Crespo v. Hernandez, ___ So. 3d ___, 39 Fla. L. Weekly D2223 (Fla. 5th DCA October 24, 2014)

The appellate court, in a brief per curiam decision, reversed an order compelling binding arbitration in a medical malpractice case.  The court held that the arbitration agreement violated public policy because it did not adopt the necessary provisions of the Medical … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE: FIRST MANIFESTATION OF SMOKING RELATED ILLNESS NEED NOT OCCUR IN THE STATE OF FLORIDA IN ORDER TO QUALIFY FOR MEMBERSHIP IN THE ENGLE CLASS; APPEALS: CONFLICT CERTIFIED  

Damianakis v. Philip Morris USA Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1496 (Fla. 2d DCA July 18, 2014)

The trial court, in an Engle progeny wrongful death case, entered summary judgment against the plaintiff based on the statute of limitations because the decedent did not qualify for membership in the Engle class because his smoking related illness … Click To Read Full Case Law Review...