Florida’s Fourth District Court of Appeal has denied an appeal by a mother, on behalf of herself and paralyzed toddler, seeking a new trial for numerous trial errors that resulted in a finding of zero liability against named defendants in a horrific Florida truck accident. In the case of Aquila…
Florida Injury Lawyer Blog
Munn v. Hotchkiss Sch. – School Liability for Student Illness to be Weighed
A high school freshman who went on a school summer foreign enrichment program to China returned forever changed after suffering a tick bite through which she contracted encephalitis. She became gravely ill while on the trip, had to be transferred to a hospital in Beijing and was ultimately flown back…
CDC: 4.2 Million Americans Concede to Driving Drunk in Last Month
Drunk driving is deadly. That’s no news flash. Operating a vehicle while impaired by alcohol increases the risk of a crash four-fold (or 12-fold if the driver has a blood-alcohol level of higher than 0.15). These drivers are responsible for at least a third of all fatal crashes in the…
Nat’l Am. Ins. Co. v. Artisan & Truckers Cas. Co. – Insurance Duty to Defend in Truck Accident
Insurance companies have a broad duty to defend policyholders in actions where they are accused of liability. One example would be an auto accident. While this may seem of little consequence to the plaintiff, it matters because plaintiffs are ultimately looking to hold the insurance companies liable. That’s because the…
Fort Myers Girl Injured in Back Over Driveway Accident
A 1-year-old girl was injured in Fort Myers in a back over accident at a family gathering. According to a news report by NBC-2, the family was gathered for an outdoor cookout on a recent Friday afternoon. The girl’s mother told authorities a relative was pulling his truck out of…
Alleged Airbnb Attack Raises Legal Liability Questions
Airbnb is an online service that allows those with residences to rent them on a short-term basis. Often those who use the service are traveling, and it offers an authentic local experience that is often a cheaper alternative to pricey hotels. But there is a lot that can go wrong.…
FSU Study: Phone Alerts as Distracting as Actually Messaging
It’s well known that sending and reading text messages while driving is a danger. So too is talking on the phone, even with a hands-free model. But now, a new study by researchers at Florida State University reveals there is another equally distracting aspect of our smart phones: The alerts.…
Injury to Sports Fan Prompts Lawsuit Seeking Better Stadium Protections
When it comes to baseball and other spectator sports, courts have generally held that stadium owners have only a limited duty to protect vulnerable sections of fans from flying balls, bats, pucks or other game-related objects. For the most part, it has been found fans assume the risk of injury…
Kimminau v. City of Hastings – Government Liability for Roadway Cleanup
When a crash occurs on government roads, it is the duty of government authorities to close the roadway in a timely manner until debris has been cleared and the site is safe for traffic. Once the roadway has been cleared for resumed traffic by authorities, the government could be liable…
Dakter v. Cavallino – Truck Driver Negligence Verdict Affirmed
All motorists are held to the same duty of care standard when operating a vehicle, and that is the duty of reasonable care. That means acting the same a reasonably prudent driver would under the same or similar circumstances. Semi-truck drivers are no different. However, there are in many ways…