TORTS: CONTROLLED BURN OF STATE OWNED LANDS: GROSS NEGLIGENCE: SUFFICIENCY OF EVIDENCE

Department of Agriculture and Consumer Services v. Shuler Limited Partnership, ___ So. 3d ___, 39 Fla. L. Weekly D977 (Fla. 1st DCA May 12, 2014)

The plaintiff lost 835 acres of trees when the Division of Forestry conducted a controlled burn on State owned lands.  The trial court entered judgment based upon a jury verdict for the plaintiff, and … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: TORTS: TORTIOUS INTERFERENCE WITH DEAD BODIES: INTENTIONAL OR RECKLESS INFLICTION OF EMOTIONAL DISTRESS: GROSS NEGLIGENCE: INJUNCTIVE RELIEF: ERROR TO ADOPT PROCEDURE FOR DETERMINING CLASS MEMBERSHIP THAT WOULD IN EFFECT GRANT THE PLAINTIFFS’ CLAIM FOR INJUNCTIVE RELIEF: CLAIM FOR INJUNCTIVE RELIEF BARRED BY RES JUDICATA BASED UPON PRIOR ADMINISTRATIVE ACTION BY DEPARTMENT OF BANKING AND FINANCE: CLAIMS FOR MONETARY RELIEF WERE NOT SUITABLE FOR DETERMINATION BY CLASS ACTION BECAUSE OF THE INDIVIDUALIZED NATURE OF THE CLAIMS

Alderwoods Group, Inc. v. Garcia, ___ So. 3d ___, 38 Fla. L. Weekly D1646 (Fla. 3d DCA July 31, 2013)

Three plaintiffs brought a class action against the owner of cemetery because the cemetery was unable to locate the burial plots of the plaintiffs’ family members.  The plaintiff’s sued for tortious interference with dead bodies, intentional or reckless infliction of … Click To Read Full Case Law Review...

TORTS: WORKER’S COMPENSATION IMMUNITY: ELECTION OF REMEDIES: RIGHT TO SUE UNDER EXCEPTIONS TO WORKER’S COMPENSATION STATUTE: UNRELATED WORKS: GROSS NEGLIGENCE: INTENTIONAL TORT

Vallejos v. Lan Cargo S.A., ___ So. 3d ___, 38 Fla. L. Weekly D1360 (Fla. 3d DCA June 19, 2013)

A general contractor hired two subcontractors.  The plaintiff, a forklift operator, worked for one of them.  An employee of the other subcontractor asked the plaintiff to dump small dumpsters, referred to as “hoppers,” into a large dumpster by using a … Click To Read Full Case Law Review...

TORTS: CONSTRUCTION SITE ACCIDENT: GROSS NEGLIGENCE: WORKER’S COMPENSATION IMMUNITY; CIVIL PROCEDURE: SUMMARY JUDGMENT: BLURRED PICTURE OF EVENTS

Pyjek v. ValleyCrest Landscape Development, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1064 (Fla. 2d DCA May 15, 2013)

The plaintiff, an employee of a fencing subcontractor, was injured when a palm tree fell on him at the construction site where he was working, and he sued the landscaping subcontractor for gross negligence.  The trial court entered summary Click To Read Full Case Law Review...

REAL ESTATE: ESCROW AGENT: BREACH OF FIDUCIARY DUTY: GROSS NEGLIGENCE

S05 501, LLC v. Metro-Dade Title Co., ___ So. 3d ___, 38 Fla. L. Weekly D699 (Fla. 3d DCA March 27, 2013)

When the buyer of a preconstruction condominium unit failed to make the second deposit required by the contract of sale, the developer declared the buyer to be in default and instructed the escrow agent to disburse a substantial Click To Read Full Case Law Review...