Civil Litigation
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Total Liability Cases: 15
After consuming alcohol at a party (which was not school sponsored), a high school student drove away with his girlfriend and got into a serious accident. The student was rendered quadriplegic and his girlfriend was killed. The student’s family brought suit against the school, arguing that it was liable for the party and ensuing accident. School administrators had become aware of the party before it happened and had done a skit over the school
public address system meant to imply that they might break it up. The principal also stopped by the party to make sure that there were parents at the house, but did not go to the back (where students were drinking) or ask anyone to leave. At trial, the jury awarded a significant judgment to the student’s family and found that the school was 25 percent responsible for the party. The school had raised section 768.36(2), Florida Statutes, which states that a plaintiff may not recover for an incident which is more than 50 percent his or her fault as a result of consuming alcohol, as an affirmative defense. The trial court struck this defense, ruling that the student’s parents, and not the student, were the plaintiffs. Also, the trial court excluded records which showed that the student had previously been treated for alcohol abuse. The district court reversed the verdict, and the rulings regarding section 768.36(2), and the student’s treatment records. The district court held that the party was not sponsored by the school or any of its organizations and that the principal did not undertake responsibility for it when he stopped by. The school had no duty to supervise its students at the time the party took place. The district court also held that the trial court’s argument regarding section 768.36(2) stretched statutory interpretation “to an absurd level” and that the student’s prior treatment records were relevant to the proceedings.
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A notice for trial is no longer viable if the plaintiff files an amended complaint, thereby reopening the pleadings. Florida R. Civ. Pro. 1.440 provides that
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Pursuant to section 90.706, Florida Statutes, an expert witness may not use a treatise to bolster his or her testimony; treatises may only be used on cross-examination for impeachment purposes. Furthermore, experts may not testify that any magazine, periodical, treatise, or similar publication has listed them as a
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An application for Social Security benefits, which detailed plaintiff
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D
27 Fla. L. Weekly D1283 (Fla. 5th DCA June 7, 2002)
2002-06-07
LIABILITY
Any decision of the Florida Supreme Court announcing a new rule of law or applying an existing rule of law to a new fact situation must be given retrospective application by all Florida courts, unless the Supreme Court opinion states the application is to be prospective only. This includes
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Giles v. Luckie
27 Fla. L. Weekly D1126 (Fla. 1st DCA May 24, 2002)
2002-05-24
LIABILITY
Section 627.737(2) has long been interpreted to exempt a covered defendant from liability for all non-economic damages, not only those specifically listed, except in cases involving a threshold injury. The non-economic damage threshold is
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Employers may not be able to compel employees to have an independent medical examination when employees have only seen doctors who were paid by the employer and employer has access to the medical records. Strong dissent stated that the trial court ruling clearly departed from the
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The dismissal of an action is an acceptable sanction where a plaintiff gives blatantly false answers in a deposition and independent medical examination. The fact that a plaintiff disclosed the name of her doctor and admitted to some treatment did not make the sanction unreasonable. The concurring opinion expressed concern that plaintiffs should be authorized to obtain orders defaulting defendants for similar conduct if plaintiff conduct is going to result in dismissal.
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The ownership of a sidewalk is not the determinative factor where there is an issue of liability. Instead, responsibility and liability are based upon a determination of which entity had jurisdiction of the property at the time of the classification and transfer.
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The appellate court found that the trial court properly entered summary judgment on the grounds that an attack on the Plaintiff at a Metrorail station was not foreseeable where there was no evidence in the record that the county had actual or constructive notice of similar criminal activity at the station.
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Defendant made the gift of a car to the tortfeasor who was subsequently involved in an accident. The defendant thus canceled the automobile insurance, but had not yet followed through with completing paperwork for transfer of the title. The appellate court affirmed the trial court
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Respondent was a former federal inmate who, during his sentence, was transferred to a halfway house due to health concerns. Although Respondent was supposed to be able to use the facility
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Discussing whether a landlord
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No Florida decision has imposed upon parents the liability for intentional acts of their adult child simply because the adult child is financially dependent upon or may need to reside with them.
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The Florida statute imposing liability on parents for their children
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