“Rabbit from a hat.” That’s the description I have given to a case we recently handled with Domnick & Shevin PL. I have blogged extensively about the indecent and dangerous immunity afforded medical providers under Florida’s wrongful death statute. (Gigantic Loophole in Florida’s Wrongful Death Act; Florida Wrongful Death Survivors…
Corporate America has campaigned for more than thirty years to brainwash average people into believing that America’s civil justice system is a bad thing. Sadly, the campaign has worked, fostering views contrary to one of the most fundamental principle on which America was founded: that the courts are to be…
There is a reason why the following inquiry is a standard interrogatory for personal injury cases in the Florida Rules of Civil Procedure: Did you consume any alcoholic beverages or take any drugs or medications within twelve hours before the time of the incident described in the complaint? If so,…
Every personal injury plaintiff must plead and prove that the defendant owed and breached a duty of care and that the breach proximately (i.e., foreseeably and substantially) contributed to the specific injury suffered. These are the prima facie elements of a personal injury case. Whether a duty exists is a…
Courts and lawyers have turned the following legal principle — whether a party has a duty of care depends on the ability to exercise control — on its head. These cases and countless others state the principle: Metsker v. Carefree/Scott Fetzer Co. 90 So.3d 973, 977 (Fla. 2d DCA 2012)…
I have blogged here ad nauseam about the continual conflict between insurance companies and their insureds over claims. While carriers insist upon receiving premium payments timely, their all too common approach to the claims process is delay and deny. Carriers have at their disposal a bag of tools designed to…
Here is my Letter to the Editor, word for word, that was published by the Miami Herald on June 25, 2014: WRONGFUL DEATH CAP Re the June 19 letter DeGennaro the best person to lead Miami VA: While Barth Green may be a prominent South Florida doctor, he is hardly…
When it comes to determining ownership of property, there is a popular expression that possession is 9/10ths of the law. Most of the time, it’s not that simple. Some premises liability
It seems that not a television or radio ad segment goes by today without the marvels of testosterone therapy being touted as the fountain of youth. Be especially cautious because buying the claims can be hazardous to your health! Not only that, but the benefit claims are in doubt. While…
Vicarious liability has been recognized in Florida since 1920. Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920). As applied to motor vehicles, the legal concept allows the owner of a vehicle to be held liable without fault for damages caused by the negligent operation of…