A strip mall nightclub in Miami coined “The Spot” was the site of a bloody scene recently, when 15 people – ranging in age from 11 to 25 – suffered gun shot wounds in the early hours of a Sunday morning. At least one of those victims was in critical…
The U.S. Court of Appeals has upheld ruling from a trial court granting summary judgment in favor of an auto manufacturer facing allegations of liability for failure to install a fuel shut-off switch on its cars. In passenger vehicles, a fuel shut-off switch acts to cut power to the engine…
One of the first things our Fort Myers premises liability lawyers will do in reviewing a trip-and-fall case is to determine the legal status of the plaintiff at the time of the incident. That is, was the plaintiff a business invitee? A licensee? Or a trespasser? For each classification, the…
Recently, Florida’s Fourth District Court of Appeal was tasked with considering whether an insurance agent’s misstatement characterizing a customer’s coverage could ultimately result in doubling payout for her injured son. Answer? It’s possible. In Gallon v. GEICO, the primary issue in dispute was plaintiff’s claim of negligent misrepresentation. Plaintiff asserted…
Florida’s Fifth District Court of Appeal has ruled that attorney-client privileges between an at-fault driver and an insurance defense lawyer are still protected, even in third-party bad faith insurance claims. Car accident injury lawyers in Fort Myers note while this appears on the surface to depart from the 2005 Florida…
This year, Florida became one of the last states in the nation to implement a ban on texting while driving. The new measure was welcome, but it’s still rather weak. For one thing, the action is considered only a secondary offense, meaning an officer must have some other reason to…
The case of GEICO v. Rodriguez, recently decided by Florida’s Third District Court of Appeal, began with an elderly driver with poor vision. He should never have been on the road. His doctors declared him legally blind, and advised him not to drive. The 83-year-old did not listen, and within…
Florida voters are slated to decide in November whether to approve an initiative that would legalize marijuana for medicinal purposes for residents of the Sunshine State. Both sides have been vigorously campaigning on the issue, with the opposition recently citing a statistic indicating passage of this measure would mean more…
Although expert witnesses are not required in Naples car accident lawsuits as they are in medical malpractice cases, use of an expert witness can sometimes make or break a case. However, in order to be considered an “expert,” a person must meet certain criteria for the purported field of study.…
A second Florida appellate court has certified a question to the state supreme court regarding whether a defendant must have actual knowledge of a crash in order to be criminally charged with leaving the scene of an accident involving death. Florida’s First District Court of Appeal, in Cahours v. Florida,…