Florida Trial Attorneys Practicing Exclusively in Personal Injury and Wrongful Death Actions

Florida Sovereign Immunity Caps on Damages Increase

admin — Thu, 06 Oct 2011 18:27:43 +0000

Effective October 1, 2011, the sovereign immunity limits in Florida have been raised to $ 200,000.00 per person / $ 300,000.00 per incident. For the past thirty years, Florida’s immunity statute had been capped at $ 100,000.00 per person / $ 200,000.00 per incident.

This increase in recovery is a huge benefit to individuals who have been injured and to families who have lost a loved one due to governmental negligence.

The immunity limits are codified in Florida Statute section 768.28.

Recent Legal News – Wrongful Death Action – Intersection collision

admin — Sun, 04 Sep 2011 02:18:03 +0000

The question posed to the Supreme Court of Florida is as follows;
DOES THE FORESEEABLE ZONE OF RISK ANALYSIS ESTABLISHED IN MCCAIN V. FLORIDA POWER CORP APPLY TO PRIVATE OWNERS OF RESIDENTIAL ROPERTY CONTAINING FOLIAGE THAT DOES NOT EXTEND INTO THE PUBLIC RIGHT-OF-WAY SO AS TO CREATE A DUTY BY THE LANDOWNER TO ADJACENT MOTORISTS?

The Supreme Court of Florida answered the following question in the negative, concluding that private property owners to do not owe a duty to motorists on abutting roadways as to the maintenance of foliage located wholly within the property

However, property owners DO owe a duty not to allow the growth of foliage on their property to extend outside the bounds of the property and into the public right-of-way so as to interfere with a motorist’s ability to safely travel on the adjacent roadway.

Automobile Accident

admin — Sun, 04 Sep 2011 02:17:33 +0000

Plaintiff was injured in an automobile accident. At trial, both plaintiff’s treating doctors and the defense’s medical expert testified that plaintiff’s aneurysm was caused by the auto accident within a reasonable degree of medical probability. Both doctors further testified that the injury was permanent. This evidence was was undisputed and unimpeached. Despite the manifest weight of the evidence, the jury awarded no future medical expenses and no past or future noneconomic damages.

The trial court abused its discretion by not granting a new trial on the above elements of damages. Reversed and remanded for a new trial on the issues of past and future medical expenses and past and future noneconomic damages. 33 Fla.L.Weekly D155.

The court relied upon the following;

Sifford v. Trans Air Inc.,492 So.2d 407, “an appellate court should reverse a jury verdict when there is no rational basis in the evidence to support the verdict of the jury.” Id at 408.

Merrill Stevens Dry Dock Co. v. GJ Invs. Corp., Inc, 506 So.2d 30, “Where the testimony on pivotal issues of fact is not contradicted or impeached in any respect, and no conflicting evidence is introduced, these statements of fact can not be wholly disregarded or arbitrarily rejected.” Id at 32.