Sixth District Court of Appeals Says Fourth District Got It Wrong: Florida’s Pre-Suit Notice Requirement Does Not Apply Retroactively

In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply retroa Legal Update for Insurance Services, January 8, 2024, has been prepared for our readers by Marshall Dennehey.

Trial Success Secured for Cable Company Client

We won a trial for a cable company where the claimant was injured while working at one of the company’s sites. The claimant was hired by one of the subcontractors of our client to complete work at their facilities. We successfully argued that the claimant is not an employee or special employee of our client. The court agreed and dismissed our client from this claim. 

Obtained Positive Outcome in a Construction Site-Related Personal Injury Case

We secured a positive outcome for our client in a construction site-related personal injury case in New Jersey. After a month of trial, we successfully placed the entirety of the plaintiff’s $4.2 million jury verdict against the remaining co-defendant. We also succeeded in placing all of our client’s costs and attorney’s fees on the co-defendant. In total, the judgment against the co-defendant was in excess of $7 million.

Defense Verdict Secured in York County Magistrate Court Case

We obtained a defense verdict in a case involving medical and property damages. While riding a bicycle through a shopping center parking lot, the plaintiff collided with our client, who was driving a vehicle, at an intersection that did not have stop signs. The plaintiff alleged that our client was responsible for his medical damages, as well as property damage to his bike and clothing.

Summary Judgment Affirmed by Pennsylvania Commonwealth Court in Police Pursuit Case

We were affirmed the granting of summary judgment in favor of our client in a high-speed police pursuit case. The plaintiff was severely injured after a brief police pursuit involving the driver, who died as a result of the pursuit. The plaintiff then sued the local municipality for negligence, arguing that the officers caused the wreck by turning a traffic stop into a high-speed chase.

Defense Jury Verdict Secured in Complex Legal Malpractice Matter

We obtained a defense jury verdict in a legal malpractice action arising from two wrongful termination trials. This matter included the two trials, an appeal, in addition to involving aspects of intellectual property law. There we numerous evidence issues as a result of the two underlying trials. However, we were successful on pretrial hearing in limiting plaintiff’s proofs and in barring significant damages claims asserted by the plaintiff’s expert. The jury rejected these claims and awarded all of our client’s fees, with interest and costs.