Publications
A manufacturer whose product was used at husband’s job site did not owe duty to warn spouse of risks associated with take-home asbestos exposure to its product.
The decedent’s estate brought a negligence action against the defendant manufacturer, alleging the manufacturer failed to warn of the dangers associated with its asbestos-containing paper products used at her husband’s former place of
Case Law Alerts, 2nd Quarter, April 2017
Whether product is in “defective condition unreasonably dangerous to the user or consumer” is question of fact ordinarily reserved for fact finder.
The plaintiffs in this strict product liability action asserted claims against a concrete distributor alleging, in part, that the dangers of the product were not commonly known to the average consumer.
Case Law Alerts, 2nd Quarter, April 2017
Continuing Storm Doctrine applies to landowners and their independent contractors. Landowner does not owe a common law duty to prevent accumulation of snow and ice.
The plaintiff was injured at her place of employment when she slipped on ice in the parking lot during a storm.
Case Law Alerts, 2nd Quarter, April 2017
Retailer entitled to summary judgment because plaintiff failed to identify the cause of her fall.
The appellate division held that a retailer was entitled to summary judgment because the plaintiff could not identify the cause of her fall without engaging in speculation.
Case Law Alerts, 2nd Quarter, April 2017
Landowner’s lease agreement with another entity does not abrogate landowner’s duty to its customers to keep premises safe.
The plaintiff slipped and fell on ice while visiting Acme in the Fox Run Shopping Center.
Case Law Alerts, 2nd Quarter, April 2017
Appellate Division addresses interplay between high/low agreements and Offers of Judgment following plaintiff’s verdict.
The plaintiff sought to recover for an alleged delay in diagnosing colon cancer. During discovery, the plaintiff filed an Offer of Judgment in the amount of $750,000.
Case Law Alerts, 2nd Quarter, April 2017
Florida Supreme Court rejects statutory changes to §§ 90.702 and 90.704, Fla. Stat. to the extent they are procedural, apparently reverting back to Frye standard for admissibility of scientific evidence.
Prior to 2013, Florida courts applied the standard set forth in Frye v. United States, which provides that new or novel scientific evidence must be generally accepted within the scientific community to be admissible.
Case Law Alerts, 2nd Quarter, April 2017
Judicial privilege does not bar statutory Dragonetti claim and common law abuse of process claim.
As always, this wrongful use of civil proceedings and abuse of process case arises from an underlying suit.
Case Law Alerts, 2nd Quarter, April 2017
Americans with Disabilities Act may afford additional leave to employees following FMLA leave.
Walker worked for a nursing home facility operated by NP Chipola, LLC, and due to her duties of lifting patients through the years, she required shoulder surgery.
Case Law Alerts, 2nd Quarter, April 2017
US Supreme Court holds that exhaustion of remedies pursuant to Individuals with Disabilities Education Act not necessary when gravamen of lawsuit fails to seek relief for alleged denial of “free appropriate public education.”
In Fry, The United States Supreme Court vacated and remanded a decision that found the plaintiff failed to exhaust the Individuals with Disabilities Educational Act’s (IDEA) procedures prior to filing a lawsuit alleging violations o
Case Law Alerts, 2nd Quarter, April 2017