Publications
Waivers do not exclude common law duties that are owed by any business in general.
The plaintiff slipped and fell due to water on stairs in the vicinity of the gym pool.
Case Law Alerts, 4th Quarter, October 2015
Evidence of prior spills is not enough to defeat summary judgment to the defendant in a slip and fall claim due to a substance on the floor.
The plaintiff attempted to defeat a motion for summary judgment by arguing that she fell due to a foreign substance on the floor. The motion court judge found that there were no facts that any substance was negligently left on the floor.
Case Law Alerts, 4th Quarter, October 2015
Fifth District Court of Appeal finds no basis for jury’s finding of 30 percent comparative fault in rear-end accident.
In this personal injury action, the plaintiff sustained injuries as a result of a rear-end accident while he was waiting for traffic to clear to make a left turn.
Case Law Alerts, 4th Quarter, October 2015
Initial tortfeasors may assert equitable subrogation against treating doctor--whose negligence aggravated injuries--after judgment entered against initial tortfeasor for full amount of injured person’s damages, even though judgment has not been fully paid
This case arose out of personal injuries Benjamin Edward Hintz suffered as a result of an automobile accident.
Case Law Alerts, 4th Quarter, October 2015
Final judgment against owner of vehicle in excess of limit provided in Section 324.021, Florida Statues, was error.
The plaintiff suffered serious brain injuries from a collision with a motor vehicle owned by the defendant Santos and operated by defendant Pereles. The jury rendered a verdict for the plaintiff in excess of $25 million.
Case Law Alerts, 4th Quarter, October 2015
Court holds that Tincher is inapplicable to strict liability claims involving medical devices and that manufacturing and design defect claims are barred by Comment k of the Second Restatement.
The plaintiff brought this product liability action against the manufacturer of an artificial knee replacement system asserting claims for manufacturing and design defect.
Case Law Alerts, 4th Quarter, October 2015
Caps on noneconomic damages in medical malpractice case for personal injury deemed unconstitutional in accordance with the same rationale applied by the Florida Supreme Court in Estate of McCall v. United States.
In 2014, the Florida Supreme Court held in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), that caps on noneconomic damages in medical malpractice actions violate the equal protection clause and are unconstitutional.
Case Law Alerts, 4th Quarter, October 2015
NJ Appellate Division affirms trial court ruling: experts must have been practicing within medical specialty at issue at time of alleged malpractice in order to offer standard of care testimony.
The defendants, board certified ophthalmologists, gave care to the plaintiff within their field of specialty between 2007 and 2010.
Case Law Alerts, 4th Quarter, October 2015
Statute of limitations on a declaratory judgment action begins to run when the insurer has enough facts to support the contention that it has no duty to defend.
The trial court had held that the statute of limitations begins to run when the insurer is given a copy of the complaint. The en banc Pennsylvania Superior Court disagreed and held that the statute begins to run when the cause of action arises.
Case Law Alerts, 4th Quarter, October 2015
Claim for specific performance is available to a buyer of a custom-designed home where completed construction is alleged to deviate from plans and specifications.
The plaintiff claimed the defendant deviated from the agreed upon plans and specifications and substituted inferior materials under a contract for construction of a custom-designed single family home.
Case Law Alerts, 4th Quarter, October 2015