The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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For a negligence claim to sound in medical malpractice–meaning the onerous presuit requirements apply–must the actions at issue involve an issue that involves the use of medical skill or judgment? What if a nurse accidentally spills hot coffee on a patient in a waiting room? What if the actions at issue involve non-doctor employees physically…
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A century-old common-law rule of tort liability, the “dangerous instrumentality doctrine,” as applied to traffic accidents, provides that the owners of automobiles in Florida are bound to observe statutory regulations of their use, and assume liability commensurate with the dangers to which they or their agents subject others in using the automobiles on the public…
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What is necessary to establish the reasonableness of medical charges? In Roman v. Sos, __ So. 3d __ (Fla. 2d DCA Sept. 6, 2024), the Second District considered a motor vehicle accident case in which the plaintiff alleged lower back injuries that required surgery. The plaintiff, Roman, challenged a final judgment entered against him in…
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The determination of when the statute of limitations begins to run is usually a jury question. A lot of lawyers–and some judges–seem to be confused, thinking that a statute of limitations defense is something that usually should be decided on a motion to dismiss or summary judgment. That is rarely the case, because when the…
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In Saunders v. Dickens, 151 So. 3d 434 (Fla. 2014), a medical malpractice case, the Florida Supreme Court clarified the burden of proof in negligence actions. The facts of the case were these: Saunders and his wife filed a failure to diagnose action, which included a loss of consortium claim against Dr. Pasarin; Broward Neurosurgeons,…
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In Roessler v. Novak, 858 So. 2d 1158 (Fla. 2d DCA 2003), the Second District confronted a medical malpractice case that provided the opportunity to clarify the law of apparent agency. Klaus Roessler appealed a summary final judgment entered in favor of Sarasota County Public Hospital d/b/a Sarasota Memorial Hospital (Sarasota Memorial). The appellate court…
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I have been representing insureds in first-party property insurance cases for over seven years. During that time, I have successfully won or settled approximately 415 cases, recovering almost $18 million for my clients. Close to 80 of these cases were against Universal Property & Casualty Insurance Company. One thing that has bugged me over the…
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The Fourth District recently reminded us that the standard for entering a JNOV is high. A JNOV (judgment notwithstanding the verdict—”judgment non obstante veredicto,” in Latin) can be entered if the judge concludes the jury got it so wrong that it must be overruled. In our system of justice, the jury is given tremendous respect.…
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There are many things that frustrate me as a lawyer representing insureds in first-party property insurance litigation. One of them is repeatedly encountering defense counsel who do not understand–or pretend to not understand–that a public adjuster is a hybrid (“non-retained”) fact/expert witness, analogous to a treating physician. Defense lawyers who represent large, powerful corporations–they have…
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Update: There have been some last-minute changes to the changes (as of December 6, 2024) since I published this article September 2, 2024: https://www.floridabar.org/the-florida-bar-news/florida-supreme-court-revises-civil-case-management-reforms-before-january-1-implementation/. The remainder of this article is as I published it on September 2 (I have not had time to edit it): Several significant changes are coming to the Florida Rules of…
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