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Medical Malpractice Damage Caps Ruled Unconstitutional

Posted & filed under Legal News.

Florida State Supreme Court

The Florida Supreme Court has ruled unconstitutional the placing of caps (limits) on wrongful death non-economic damages in medical malpractice cases stating that imposing caps violates the state constitution’s equal protection clause. The Florida Supreme Court rules that the statutory cap on wrongful death noneconomic damages set forth in Fla. Stat. §766.118 violates the right… Read more »

Vicarious Liability Cannot be Avoided by Vehicle Co-Owner

Posted & filed under Legal News.

Liability Titled Co-Owner Florida Vehicle

If a vehicle in Florida is titled in two names, can one co-owner escape liability if the second co-owner is involved in a negligent action causing injury or damage to another party? The Florida Supreme Court says no. When a vehicle is titled in two names, a co-owner cannot avoid liability caused by the negligence… Read more »

Uninsured Motorist Coverage Policy Provision

Posted & filed under Legal News.

Uninsured Motorist Coverage Policy Ruling FL Second

The 2nd District Court of Appeal of Florida reversed and remanded to the trial court for reconsideration the summary judgment in favor of State Farm after the insured failed to appear for a medical examination. An individual’s failure to comply with an insurance policy’s compulsory medical examination does not result in automatic forfeiture of coverage…. Read more »

Auto Accident Injuries: Genuineness Entrusted to Juries

Posted & filed under Legal News.

Warning Video Surveillance in Use

In this case of a plaintiff who was injured in a motor vehicle accident, Final Judgment of Dismissal with Prejudice was rendered by the trial court, but later reversed on appeal. Surveillance tapes that differ from deposition testimony usually effects the jury’s view of the case, but in this circumstance it does not merit fraud…. Read more »

Negligence Determined by Accident Reconstruction

Posted & filed under Legal News.

Accident Reconstruction Expert

Florida Appellate Court overrules Trial Court’s order for compulsory neurological exam of defendant because the only question was whether the defendant was negligent. Accident reconstruction expert was able to determine that the truck driver was negligent in failing to avoid a collision with a car that veered into his lane of traffic. The truck driver’s… Read more »