The lawsuit brought by the widow of a fatally injured motorcyclist was dismissed by the U.S. Court of Appeals for the Eighth Circuit on the grounds that she failed to establish the defendant’s owed a duty to her husband. Had the case been in Florida, our Fort Myers motorcycle crash…
Florida Injury Lawyer Blog
Exposito v. University of Miami School of Medicine – Medical Malpractice Case May be Amended
Florida’s Third District Court of Appeals, allowing for a more liberal reading of medical malpractice laws in the state, has granted a mother’s petition to amend her complaint against three doctors she alleged contributed to her daughter’s profound injuries at birth. Our Cape Coral child injury attorneys understand the justices…
FL 3rd DCA Rules No Vicarious Liability in Tribe Case
Fort Myers car accident attorneys recognize that in crash cases, there are numerous situations in which a third party can be held responsible for the at-fault driver’s actions. Per the doctrine of vicarious liability, there are instances wherein the owner of the vehicle could bear some of the burden. So…
Winter v. State Farm – Insurance Firms Must Write Clear Policies
Case law in Florida has well-established that insurance companies must write policies that are clear and without ambiguity. Any dual interpretations or omissions are to be considered in a light most favorable to the insured. Cape Coral car accident lawyers note this principle was highlighted most recently in Florida in…
Cannizzaro v. Marinyak – Dram Shop Liability is Limited
Florida, like a host of other states, has given the option to drunk driving victims in certain cases to pursue civil litigation against individuals or establishments that illegally served alcohol to the driver who caused their injuries. Lehigh Acres drunk driving accident attorneys recognize that this presents the chance to…
Alcohol Cited in Fatal Florida Boating Accident on Holiday
The impact of a horrific, three-boat crash following a firework display over the Biscayne Bay to celebrate the Fourth of July left four people dead and three suffering critical injuries. A total of eight were transported to the hospital. Investigators, while still working to piece together the exact details of…
Coomer v. Kansas City Royals – Inherent Risks Assumed by Sports Fans
Millions of Americans attend sporting events every year. Research has indicated the number of injuries sustained by these patrons is far higher than one might expect, ranging from being struck by a foul baseball to being bruised by a rouge hockey puck. Fort Myers personal injury lawyers know that many…
Randall v. Walt Disney World Corp. – Loss of Consortium Claim Survives Death of Spouse
A ruling by Florida’s Fifth District Court of Appeal holds that a claim for loss of consortium, brought by a spouse in unison with a personal injury action, can continue even after the death of that spouse, without having to be refiled as a separate claim. Fort Myers personal injury…
Rejection of UIM Coverage Must Be in Writing – Whelan v. State Farm
With the economic recovery still tepid in Florida, many people are forgoing full auto insurance coverage – or sometimes giving it up altogether -because they can no longer afford it. Of course, many of these individuals still drive, as do those who aren’t eligible for auto insurance because they lack…
Preventing Injury this Fourth of July
Bruce L. Scheiner, PA Wishes You a Safe and Happy Fourth of July Our Fort Myers injury lawyers urge everyone to have a safe and enjoyable Fourth of July weekend. Fourth of July is the time for backyard barbecues and hanging out with friends and family. It’s a time to…