TORTS: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE: PLAINTIFF PROVIDED SUFFICIENT EVIDENCE THAT HE WAS ADDICTED TO CIGARETTES CONTAINING NICOTINE; CIVIL PROCEDURE: CLOSING ARGUMENT: PLAINTIFF WAS ENTITLED TO COMMENT UPON DEFENDANT’S POSITION THAT IT DID NOT CONSPIRE TO CONCEAL INFORMATION ABOUT THE HEALTH HAZARDS OF SMOKING: ALTHOUGH IT IS PROBLEMATIC TO ARGUE THAT DEFENDANT’S CONDUCT AT TRIAL IS A CONTINUATION OF THE MISCONDUCT UPON WHICH THE PLAINTIFF’S LAWSUIT IS BASED, PLAINTIFF COUNSEL ENGAGED IN FAIR COMMENT IN THIS CASE

R.J. Reynolds Tobacco Company v. Ballard, ___ So. 3d ___, 40 Fla. L. Weekly D670 (Fla. 3d DCA March 18, 2015)

The appellate court affirmed judgment for the plaintiff in an Engle progeny case. Contrary to the defendant’s assertion, the plaintiff did provide sufficient evidence to prove that he was addicted to cigarettes containing nicotine. The plaintiff called an expert … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: CLOSING ARGUMENT: PROFESSIONAL RESPONSIBILITY: GOTCHA TACTICS: EVIDENCE: MEDICAL RECORDS: STATEMENTS IN MEDICAL RECORDS THAT PLAINTIFF SLIPPED ON SPILLED WATER WERE INADMISSIBLE HEARSAY BECAUSE THE SOURCE OF THE STATEMENTS WAS UNKNOWN, AND THE PLAINTIFF DENIED MAKING THEM: TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO REDACT TWO REFERENCES TO WATER SPILL THAT PLAINTIFFS’ COUNSEL MISSED BEFORE THE RECORDS WERE ADMITTED IN EVIDENCE AND BY ALLOWING DEFENSE COUNSEL TO ARGUE THAT PLAINTIFF WAS DISHONEST BECAUSE SHE TESTIFIED THAT SHE SLIPPED ON SPRAYED INSECTICIDE: DEFENSE COUNSEL ENGAGED IN UNPROFESSIONAL, GOTCHA TACTICS AND UNDERMINED THE INTEGRITY OF THE JUDICIAL PROCESS

Andreaus v. Impact Pest Management, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D357 (Fla. 2d DCA February 6, 2015)

The plaintiff alleged that she slipped and fell on insecticide that had been sprayed on the tile floor outside an elevator, but her medical records contained references to slipping and falling on spilled water. The trial court properly granted … Click To Read Full Case Law Review...