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: 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...

TORTS: PRODUCT LIABILITY: TOBACCO: NON-ENGLE PROGENY CASE: CAUSATION: CIVIL PROCEDURE: DIRECTED VERDICT: EXPERT’S INABILITY TO TESTIFY THAT THERE WAS A GREATER THAN FIFTY PERCENT CHANCE THAT PLAINTIFF WOULD NOT HAVE DEVELOPED LUNG CANCER IF SHE HAD SMOKED FULL FLAVOR CIGARETTES, INSTEAD OF DEFENDANT’S FILTERED CIGARETTES, DID NOT JUSTIFY DIRECTED VERDICT FOR DEFENDANT

Whitney v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D2537 (Fla. 1st DCA December 5, 2014)

The plaintiff, in a non-Engle­ progeny case, sued a tobacco company for marketing a defectively designed cigarette, which increased the likelihood of addiction and developing cancer.  The design defects included the addition of filters, chemical adjustments, and … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: REAR-END COLLISION; CIVIL PROCEDURE: DIRECTED VERDICT

Sorel v. Koonce, ___ So. 3d ___, 36 Fla. L. Weekly D358 (Fla. 1st DCA 2/16/11)

The plaintiff was a passenger in a car driven by her husband that was struck in the rear by the defendant.  Both cars were stopped at a red light.  When the light turned green, traffic began to move, and the defendant looked down … Click To Read Full Case Law Review...