TORTS: MOTOR VEHICLE NEGLIGENCE; CIVIL PROCEDURE: AMENDMENT: RELATION BACK: AMENDED COMPLAINT AGAINST WIFE DID NOT RELATE BACK TO INITIAL COMPLAINT AGAINST HUSBAND

Russ v. Williams, ___ So. 3d ___, 40 Fla. L. Weekly D709 (Fla. 1st DCA March 20, 2015)

A plaintiff, who sustained personal injuries in a motor vehicle accident, sued the husband as the owner and operator of the other vehicle. After the statute of limitations ran, the husband filed a motion for summary judgment contending that his wife … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; INSURANCE: UNINSURED MOTORIST COVERAGE; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT WAS AMBIGUOUS AND UNENFORCEABLE BECAUSE THE AMOUNT OF THE PROPOSAL IN WORDS WAS DIFFERENT FROM THE AMOUNT IN NUMERALS

Government Employees Insurance Company v. Ryan, ___ So. 3d ___, 40 Fla. L. Weekly D617 (Fla. 4th DCA March 11, 2015)

The plaintiff in an action for uninsured motorist benefits served a proposal for settlement that stated the amount of the proposal was “One Hundred Thousand Dollars ($50,000)” and that “[t]he total amount of this settlement shall not exceed … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: OWNER OF FREIGHT WAS NOT LIABLE FOR NEGLIGENCE OF TRUCK DRIVER IN INTERSTATE COMMERCE

Peninsula Logistics, Inc. v. Erb, ___ So. 3d ___, 40 Fla. L. Weekly D601 (Fla. 5th DCA March 6, 2015)

The owner of freight was not liable for the negligence of the truck driver, who was hauling it in interstate commerce, because the freight owner was neither the owner, the driver, nor the lessor of the truck, and it … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; CIVIL PROCEDURE: DISCOVERY: SURVEILLANCE; APPEALS: CERTIORARI: APPELLATE COURT QUASHES ORDER PERMITTING PLAINTIFF TO VIEW SURVEILLANCE VIDEO BEFORE THE DEFENDANT DEPOSED HER: COURT ADOPTS BRIGHT-LINE RULE

Hankerson v. Wiley, ___ So. 3d ___, 40 Fla. L. Weekly D195 (Fla. 4th DCA January 7, 2015)

The trial court, in a motor vehicle negligence case, entered an order “permit[ting] the plaintiff to view a post-accident surveillance video before [her] deposition,” but the appellate court granted the defendant’s petition for certiorari. “[A] trial court abuses its discretion where … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT FROM PLAINTIFF TO TORTFEASOR WAS UNENFORCEABLE BECAUSE IT WAS CONDITIONED UPON PAYMENT BY THE OWNER OR HIS AGENTS, THUS PREVENTING THE TORTFEASOR FROM ACTING INDEPENDENTLY TO RESOLVE THE CASE AGAINST HER

Paduru v. Klinkenberg, ___ So. 3d ___, 40 Fla. L. Weekly D41 (Fla. 1st DCA December 17, 2014)

The plaintiff in a motor vehicle negligence case served a proposal for settlement on the tortfeasor. The court held that the proposal was unenforceable because it was conditioned upon payment of the proposed amount by the owner or his agents (presumably … Click To Read Full Case Law Review...