TORTS: MOTOR VEHICLE NEGLIGENCE; WRONGFUL DEATH; CONTRACTS: RELEASE: PERSONAL REPRESENTATIVE’S RELEASE OF CLAIM FOR WRONGFUL DEATH OF AUTHORIZED DRIVER AGAINST LESSOR OF TRUCK DECEDENT WAS DRIVING DURING MOTOR VEHICLE COLLISION DID NOT DISCHARGE LESSOR’S DUTY TO DEFEND ESTATE AGAINST THIRD PARTY’S COUNTERCLAIM FOR PERSONAL INJURIES

Moxley v. U-Haul Company of Florida, ___ So. 3d ___, 39 Fla. L. Weekly D2065 (Fla. 2d DCA October 1, 2014)

The decedent was involved in a fatal motor vehicle collision while he was driving a truck with the permission of the lessor.  His personal representative settled the estate’s claim for wrongful death against the lessor and provided the lessor … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: WRONGFUL DEATH; INSURANCE: THIRD PARTY BAD FAITH: CIVIL PROCEDURE: DISCOVERY: IN THE ABSENCE OF AN ASSIGNMENT OR WAIVER FROM THE INSURED, INSURANCE DEFENSE COUNSEL’S FILE IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE IN A THIRD PARTY BAD FAITH CASE; APPEALS: CERTIFIED QUESTION  

Boozer v. Stalley, ___ So. 3d ___, 39 Fla. L. Weekly D1907 (Fla. 5th DCA September 5, 2014)

The plaintiff, in a wrongful death case arising from a motor vehicle collision, sued the tortfeasor’s liability insurance carrier for bad faith after recovering an excess judgment.  During the bad faith case, the plaintiff deposed the lawyer retained by the insurance … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PERSONAL INJURY: MOTOR VEHICLE NEGLIGENCE: MICCOSUKEE TRIBE OF INDIANS WAS NOT LIABLE FOR JUDGMENT AGAINST TWO OF ITS MEMBERS BECAUSE TRIBE FUNDED AND GUIDED MEMBERS’ DEFENSE  

Miccosukee Tribe of Indians of South Florida v. Bermudez, ___ So. 3d ___, 39 Fla. L. Weekly D1395 (Fla. 3d DCA July 2, 2014)

The negligence of two members of the Miccosukee Tribe of Indians caused a motor vehicle collision that fatally injured the plaintiff’s wife and injured the plaintiff and his son.  The plaintiff recovered a judgment for $3.177 … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE: CIVIL PROCEDURE: VENUE: FORUM NON CONVENIENS: PLAINTIFF’S SELECTION OF PROPER FORUM WILL NOT BE DISTURBED ABSENT SUBSTANTIAL INCONVENIENCE OR UNDUE EXPENSE: PLAINTIFF MAY CHOOSE A PROPER FORUM IN ORDER TO OBTAIN A PROCEDURAL ADVANTAGE, BECAUSE OF THE LOCATION OF THE LAWYER OR EXPERT THAT SHE WANTS TO RETAIN, OR BECAUSE JURYS AWARD HIGHER VERDICTS IN THE CHOSEN FORUM: CONVENIENCE OF THE COURT IS NOT A PROPER CONSIDERATION: DEFENDANTS ARE NOT ENTITLED TO TRANSFER BASED UPON SPECULATIVE CONSIDERATIONS, TO OBTAIN A PROCEDURAL ADVANTAGE, OR TO LIMIT THE SIZE OF THE VERDICT  

R.J. Reynolds Tobacco Co. v. Mooney, ___ So. 3d ___, 39 Fla. L. Weekly D1386 (Fla. 3d DCA July 2, 2014)

The plaintiff brought an Engle progeny wrongful death case in Miami-Dade County.  When the only local defendant was dropped, the defendants sought to transfer the case to Duval County based upon the doctrine of forum non conveniens.  The trial … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH; INSURANCE: DECLARATORY JUDGMENT ACTION ON COVERAGE: NONJOINDER STATUTE: WAIVER; APPEALS: CERTIORARI: IRREPARABLE HARM: SEVERANCE

Star Insurance Company v. Dominguez, ___ So. 3d ___, 39 Fla. L. Weekly D1337 (Fla. 2d DCA June 25, 2014)

The plaintiff sued the county and its excess liability insurer. In the first count of its complaint, the plaintiff asserted a claim for wrongful death against the county.  In the second count of its complaint, the plaintiff sought a declaratory … Click To Read Full Case Law Review...