Florida courts do not allow plaintiffs in most car accident cases to raise the issue of defendant insurance due to concern that jurors would treat insured defendants differently from those who lacked insurance. It is in a similar vein that courts generally don’t allow defendants to mention whether plaintiff seeking…
The Florida Supreme Court has reinstated a $6.6 million verdict in an asbestos liability lawsuit, quashing an earlier ruling by the Third District Court of Appeals that reversed a trial court’s judgment. The case, Aubin v. Union Carbide Corp., is one of a string of lawsuits against the Texas-based producer…
Athletes put their bodies through punishing routines in order to ready themselves for competitions. They know they must be in top physical shape in order to win. They may even expect to get hurt in the course of competing. But when an injury happens off the field or court, it…
At some time in their lives, Americans will experience a missed, delayed or wrong diagnosis from a health care provider. That’s according to the latest in a series of in-depth patient safety reports by the Institute of Medicine, which is part of the National Academy of Sciences. The first of…
The federal Centers for Medicare & Medicaid Services (CMS) recently received a report from an organization called Public Justice addressing the problem of mandatory arbitration agreements for nursing home patients and residents of long-term care facilities. Arbitration agreements are contracts that an increasing number of nursing homes require new patients…
It was her 8-year-old nephew’s birthday party, and he was thrilled to see her. The boy raced up excitedly to his aunt and tackled her, causing her to catch him as he jumped into her arms and she fell over. The result was a fracture of her left wrist. Now,…
A woman injured when her work van was struck by a school bus will get a second trial, following an appeal regarding improperly-admitted evidence. Plaintiff in Reese v. Stanton argued trial court improperly allowed reports and conclusions from workers’ compensation doctors to be admitted into evidence in her personal injury…
Liability waivers are not generally favored by Florida courts because they relieve one party of the obligation to use due care, and further shift the risk of injury to the party likely least equipped to take necessary precautions to avoid injury. For this reason, they are usually strictly construed against…
Associates and Bruce L. Scheiner, Attorneys for the Injured, have long been staunch supporters of motorcycle safety and the right to share the road. Not only have we spent four decades fighting for the rights and interests of injured motorcyclists, we also serve as primary sponsor for Cape Coral Bike…
In the case of Beauchamp v. St. Lucie County School District, there was no question the school bus driver was liable for a crash that caused the death of a 9-year-old student and serious injury to several others. In fact, the driver conceded as much in earlier depositions. That meant…