Publications
First Department clarifies disclosure of notes from IME.
The plaintiff was examined by the defense medical expert at an IME and was accompanied by a representative from an IME watchdog group. The defendant demanded any notes, reports, photos, etc. from the IME watchdog.
Case Law Alerts, 3rd Quarter, July 2019
Property owners owe business invitees a duty to provide a safe “ingress and egress,” including a duty to warn or protect against hazards on adjacent property, depending on where the defect is.
The plaintiff filed suit after she fell in a broken concrete hole a few feet from the defendant’s property. The accident occurred as she was leaving the property after eating there with her family.
Case Law Alerts, 3rd Quarter, July 2019
U.S. Supreme Court sets forth new test for product manufacturer’s duty to warn under maritime law.
This maritime tort law case involved Navy veterans claiming they developed cancer as a result of asbestos exposure on Navy ships and in naval shipyards.
Case Law Alerts, 3rd Quarter, July 2019
Plaintiff lacked expert testimony as to the allegedly defective design and breach of warranty claims and plaintiff’s failure to warn claim failed on the basis of the learned intermediary doctrine.
The plaintiff underwent spinal surgery at Hartford Hospital. The procedure included a posterolateral fusion in which the plaintiff’s surgeon implanted various components of the defendants’ spinal system product.
Case Law Alerts, 3rd Quarter, July 2019
Only consideration relevant to grant of summary judgment based on Ongoing Storm Doctrine is whether the storm was ongoing at time of alleged accident. All other considerations are not “material facts.”
The plaintiff alleged she slipped and fell in a Wal-Mart parking lot while it was snowing. The Wal-Mart store opened at 6:00 a.m., and Wal-Mart’s snow removal contractor, Tree Fellas, LLC, arrived onsite between 6:00 a.m.
Case Law Alerts, 3rd Quarter, July 2019
A duty of care to remediate snow and/or ice during an ongoing snow storm is not triggered until the storm stops for a reasonable amount of time to permit start of remediation, even when snow removal contractor was on-site and working during the storm.
The plaintiff arrived at Wal-Mart after it had been snowing heavily for approximately three hours. At that time, the snow removal contractor had been on site for approximately one hour, performing snow removal services.
Case Law Alerts, 3rd Quarter, July 2019
An “open and obvious condition” does not negate an owner’s duty to keep a premises reasonably safe from ice/snow conditions for business invitees.
The plaintiff claimed she fell on ice and snow on a sidewalk at a Royal Farms location.
Case Law Alerts, 3rd Quarter, July 2019
State and federal transportation laws did not apply to defendant’s rental truck.
The trial court granted the defendant’s, Penske Truck Leasing, motion for summary judgment, finding that the state and federal transportation laws the defendant was alleged to have violated did not apply.
Case Law Alerts, 3rd Quarter, July 2019
Third DCA holds that Florida statutes do not impose on hospitals a non-delegable duty to provide non-negligent emergency room care, and certifies conflict with Fourth DCA.
The Court of Appeal of Florida, Third District, affirmed dismissal of an estate’s claims against a hospital where the decedent received emergency care.
Case Law Alerts, 3rd Quarter, July 2019
A Ferreira conference is not required in medical malpractice cases for a defendant to move to dismiss a complaint, with prejudice, when the plaintiff fails to provide an appropriate affidavit of merit.
The Pro-se plaintiff appealed the trial court’s dismissal of the defendant.
Case Law Alerts, 3rd Quarter, July 2019