Florida Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Florida or Court of Appeals of Florida where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Maguire v. King - 12/16/2005
Defendants Bruce A. Maguire ("Maguire") and the St. Marks Development Authority, Inc. ("St. Marks") timely appeal a non-final order that granted their motion to compel arbitration as to the first two counts of a complaint, but denied...

In re Amendments to the Florida Rules of Civil Procedure - 12/15/2005
Original Proceeding - The Florida Rules of Civil Procedure (Two Year Cycle) The Civil Procedure Rules Committee of the Florida Bar (Committee) has submitted its biennial report of proposed amendments to the Florida Rules of Civil...

Nicholson-Kenny Capital Management - 12/14/2005
The trial court entered a final judgment on an arbitration award because the court found that appellant did not file a request for trial de novo within twenty days, pursuant to Florida Rule of Civil Procedure 1.820(h). We reverse,...

Yates v. Publix Super Markets - 12/14/2005
Plaintiff's decedent was fatally injured on the job because of a defect in a machine made by Serco Company and owned and operated by his employer, Publix Super Markets. She sued Serco and ultimately settled the claim for less than all...

Aristide v. Jackson Memorial Hospital - 12/14/2005
Before FLETCHER, SHEPHERD, and SUAREZ, JJ. Appellant, Marie Aristide ("Aristide"), appeals the trial court's order dismissing her complaint with prejudice for failure to file within the required statute of limitations. We affirm...

Ottley v. Kirchharr - 12/9/2005
Appellants challenge the trial court's order granting Appellee a new trial due to purported juror misconduct. We reverse because Appellee failed to demonstrate the juror concealed material and relevant information. Because we find that...

Happ v. State - 12/8/2005
William Happ, a prisoner under a sentence of death for a conviction of first-degree murder, appeals an order of the circuit court denying his amended motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. We...

Huet v. Mike Shad Ford - 12/2/2005
The Huets appeal from the trial court's order which dismissed their third party complaint against Mike Shad Ford, Inc., with prejudice. The Huets, the defendants in this automobile negligence action, filed the third party complaint for...

Hibbard v. McGraw - 12/2/2005
ON RECONSIDERATION ON MANDATE FROM THE SUPREME COURT OF FLORIDA The Florida Supreme Court has remanded this case to us for reconsideration in light of Norman v. Farrow, 880 So. 2d 557 (Fla. 2004). In our opinion in this appeal,...

Wolford v. Boone - 12/2/2005
The petitioners, Katherine P. Wolford and her husband, Barry Wolford ["the Wolfords"], plaintiffs below, seek mandamus or prohibition relief to enforce a mandate of this court and compel the trial court to enter an order striking the...

Ramirez v. M.L. Management Co. - 11/30/2005
In this dog bite case, the appellant asks us to limit the application of Tran v. Bancroft, 648 So. 2d 314 (Fla. 4th DCA 1995), in which we held that a landlord has no duty to third parties for injuries caused by a tenant's dog where...

Rivera v. Baby Trend - 11/30/2005
Appellant, Michelle Rivera, filed a products liability action seeking damages for injuries resulting from an allegedly defective baby stroller. Defendants in the action are Baby Trend, Inc., the distributor and marketer of the...

Northwest Medical Center - 11/30/2005
Northwest Medical Center and Dr. Alison Clarke De Souza appeal an administrative order finding that appellee, Mrs. Ortiz, was not given notice of its participation in the Florida Birth-Related Neurological Injury Compensation Plan, as...

Posey v. Grobman - 11/30/2005
The plaintiffs (Posey) appeal a post-verdict cost order granting a set-off to a defendant, Dr. Grobman, for taxable costs paid by a co-defendant, Mercy Hospital, pursuant to a separate settlement of taxable costs with Posey. The jury...

Roberts v. 219 South Atlantic Boulevard - 11/30/2005
Patrick M. Roberts appeals the entry of a summary judgment entered in favor of 219 South Atlantic Boulevard, Inc. d/b/a Atlantis, a restaurant/nightclub. We affirm. Roberts sued Atlantis for negligence arising out of a dog bite....

Homler v. Family Auto Mart - 11/30/2005
Terre Homler (claimant) appeals a workers' compensation order in which the judge of compensation claims (JCC) denied certain requested benefits. We summarily affirm the first two issues raised relating to the JCC's finding of maximum...

Mercury Insurance Co. of Florida v. Cooper - 11/23/2005
Before WELLS, SHEPHERD, and CORTIÑAS, JJ. The plaintiff, Mercury Insurance Company of Florida ("Mercury"), appeals an order granting the insured/defendant, Cletus Cooper ("Cooper"), attorney's fees pursuant to Section 627.428,...

Martini v. Young - 11/18/2005
John and Kimberly Martini challenge the trial court's dismissal with prejudice of their amended complaint, which alleged breach of a duty to disclose defects in the home they purchased from Daniel D. and Sally Sue Young and asserted...

Petruska v. Smartparks - Silver Springs - 11/18/2005
Barbara Petruska appeals a summary final judgment entered in favor of Smartparks-Silver Springs, Inc. d/b/a Silver Springs in the personal injury action she filed seeking damages for injuries she sustained when she fell while on the...

ACE American Insurance Co. v. HCP III of Bradenton - 11/18/2005
ACE American Insurance Company (ACE) petitions this court to issue a writ of prohibition or certiorari quashing that portion of the "Order Re Plaintiff's Motion for Order Directing Payment of Judgments and Allowing Partial...

Progressive Express Insurance Co. v. McGrath Community Chiropractic - 11/18/2005
Progressive Express Insurance Company (Progressive) seeks second-tier certiorari review of the appellate decision of the Twentieth Judicial Circuit reversing the Lee County Court's final judgment dismissing a small claims action filed...

Florida Bar v. Pape - 11/17/2005
Two Cases: Original Proceeding - The Florida Bar In this case we impose discipline on two attorneys for their use of television advertising devices that violate the Rules of Professional Conduct. These devices, which invoke the...

Progressive Express Insurance Co. v. Miami Dade Health & Rehab Services - 11/16/2005
Before WELLS, SHEPHERD, and CORTIÑAS, JJ. Petitioner, Progressive Express Insurance Company, seeks certiorari review of an order of the circuit court, appellate division, which granted Respondent, Miami Dade Health & Rehab...

Estate of Agee v. Age Institute of Florida - 11/15/2005
We reverse the trial court's order compelling arbitration in this suit by the estate of William Agee against numerous individual and corporate defendants associated with the Bay Center nursing home in Panama City, where Mr. Agee was a...

In re Report of the Alternative Dispute Resolution Rules and Policy Committee on Senior Judges as Mediators - 11/3/2005
We have for consideration the Amended Final Report on Senior Judges as Mediators (Report) filed by the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy (Committee). The Report contains recommendations and...

Moore v. State Farm Mutual Automobile Insurance Co. - 11/2/2005
Perry Moore appeals the final order awarding attorney's fees in his action for no-fault benefits against his insurer, State Farm Mutual Automobile Insurance Company. After awarding Moore only a portion of the attorney's fees he sought,...

Mobley v. Hirschberg - 11/2/2005
Shawanni Mobley appeals a final summary judgment in favor of the defendant below, Dr. Gilbert E. Hirschberg, on her claim for personal injuries. The basis for the ruling was that Mobley failed to comply with the medical malpractice...

State v. Douglas - 11/2/2005
Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ. The question before us is whether the trial court correctly dismissed one count of a two-count information on the theory that the statute of limitations had expired. We conclude...

Turbomeca - 11/2/2005
Before GERSTEN, GREEN, and FLETCHER, JJ. GREEN, J. On this consolidated appeal, Turbomeca, S.A., defendant below, appeals an order denying its motion to vacate an arbitration award in favor of French Aircraft Agency, Inc....

State Farm Mutual Automobile Co. v. Renfroe - 10/31/2005
Original Jurisdiction-Petition for Writ of Certiorari. State Farm petitions for a writ of certiorari. As grounds, State Farm argues the circuit court, in its appellate capacity, departed from the essential requirements of law by...

Biomet - 10/28/2005
In this products liability and personal injury suit, the defendants, Biomet, Inc. and one of its distributors, Mike Trieste, petition for a writ of certiorari to quash an order granting the motion of the plaintiffs, Norman and Karen...

Hewitt v. Avis Rent-A-Car System - 10/25/2005
Tara Hewitt (plaintiff below) appeals from the entry of summary judgment in her personal injury action for damages brought against Avis Rent-A-Car System, Inc., the owner of a stolen automobile which, while operated by a thief during a...

D.A.B. Constructors - 10/21/2005
D.A.B. Constructors, Inc., and Cornell Cox, the defendants below, appeal from the denial of their motion for attorney's fees based upon their joint proposals of settlement made to John Oliver and his wife Teresa Oliver, the plaintiffs...

Shaw v. Jain - 10/20/2005
Judith Shaw seeks review of an adverse final judgment entered following a jury trial in her medical malpractice action against Dr. Vidya Jain, individually and doing business as Jain Hand Surgery Center, and his professional...

Neighborhood Health Partnership - 10/19/2005
Before GERSTEN, GREEN, and FLETCHER, JJ. This is an appeal from a non-final order granting class certification in a breach of contract action brought by appellee, Kenneth Fischer, M.D. Dr. Fischer purports to represent a class of...

Frazier v. Wesch - 10/19/2005
Michelle Frazier appeals an adverse final judgment entered against her in a personal injury case. We write to address one issue, whether the case must be reversed because the trial court erred in refusing to excuse a juror for cause. ...

Tampa Medical Associates - 10/12/2005
John P. Craig lived for two years in a nursing home operated by Mariner Health of Tampa, Inc., before he died in July 2000. After his death, Mr. Craig's estate filed a three-count complaint against Mariner, alleging (1) violation of...

Strafford v. Agency for Health Care Administration - 10/7/2005
Devon E. Strafford and Michael C. Luneke, individually and as co-personal representatives of the Estate of Lexi E. Strafford-Luneke, deceased (the Co-Personal Representatives), challenge the probate court's order denying their petition...

Auto-Owners Insurance o. v. Petrik - 10/7/2005
The trial court held that an automobile liability policy issued to Gerd Petrik provided coverage for injuries suffered by Nihad Christian Jarallah in an accident with Gerd's wife, Feli Petrik. We concur in the court's determination...

In re Amendments to the Rules Regulating the Florida Bar - 10/6/2005
The Florida Bar petitions this Court to consider its proposed amendments to the Rules Regulating the Florida Bar. We have jurisdiction. See Art. V, § 15, Fla. Const. The Bar submitted the proposed amendments to the Board of...

Taylor v. Magana - 10/5/2005
Lorraine and Donald Taylor (hereinafter Taylor) appeal the trial court's denial of their motion for new trial based on the fact that a juror did not disclose a pending lawsuit in response to voir dire questioning. We reverse. ...

Lewis v. Enterprise Leasing Co. - 10/5/2005
Before COPE, C.J., and GERSTEN and ROTHENBERG, JJ. The appellants appeal from a final summary judgment in a declaratory judgment action, declaring that their claim against Enterprise Leasing Co. (Enterprise) for non-economic...

Hartley v. Flora - 10/5/2005
In this personal injury action for damages arising from an automobile accident, the jury found that the plaintiff was 90% negligent and that the defendant was only 10% negligent. The trial court granted the plaintiff's motion for a new...

Soterakis v. Soterakis - 9/30/2005
In this dissolution of marriage proceeding, both Gus Soterakis ("former husband") and Jacqueline Soterakis ("former wife") raise several issues on appeal and cross appeal, only three of which merit discussion -- whether the trial court...

Bonati v. Allen - 9/30/2005
This certiorari proceeding arises from a medical malpractice action brought by Robin Allen against Alfred Bonati, M.D.; Gulf Coast Orthopedic Center -- Alfred Bonati, M.D., P.A. ("Gulf Coast"); David Hirschauer, D.O.; Anthony R. Mork,...

Estate of Stephens v. Galen Health Care - 9/30/2005
The Estate of Delia F. Stephens (the Estate), the plaintiff in a medical negligence case, petitions this court for a writ of certiorari quashing an order allowing ex parte communications between the attorneys of the defendant...

Mora v. Waste Management - 9/28/2005
In this negligence action, Rolando and Maura Mora obtained a jury verdict awarding $42,000 in damages intended to compensate them for past and future medical expenses and lost earnings. The jury awarded nothing, however, for past or...

Active Spine Centers - 9/28/2005
Before RAMIREZ, and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge. Active Spine Centers, LLC appeals an order granting summary judgment in favor of State Farm Fire & Casualty Company in this declaratory judgment action. Active...

Sherwood v. Quietwater Entertainment - 9/28/2005
ON MOTION FOR REHEARING AND CLARIFICATION AND ALTERNATIVE MOTIONS FOR CERTIFICATION AND FOR REHEARING EN BANC Appellee seeks relief by Motion for Rehearing and Clarification and Alternative Motions for Certification and for...

American Boxing & Athletic Association - 9/23/2005
On a weekend in June 2003 Sarasota's Robards Arena hosted a "Toughman" contest, in which amateur combatants faced off in a boxing ring. Stacy Young, a first-time fighter, died from injuries suffered in her bout. Mrs. Young's husband...

Blom v. Adventist Health System/Sunbelt - 9/23/2005
The petitioner, Naomi Blom, seeks certiorari relief with respect to two orders abating her claims against an individual physician, Dr. Lonsdorfer, and a hospital, Adventist Health System/Sunbelt, Inc., because of her failure to comply...

Taurus Holdings - 9/22/2005
In this case we must decide whether commercial liability insurance policies exclude coverage for lawsuits that several municipalities have filed against a gun manufacturer. The municipalities seek to recover the cost of medical and...

Brass & Singer - 9/21/2005
Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ. This is a petition for writ of certiorari whereby the petitioner challenges an order of the circuit court, appellate division, which denied a claim for appellate attorney's...

Cohen v. Freeman - 9/21/2005
The parties to a settlement agreement in a medical malpractice action appeal the trial court's refusal to enforce their settlement. Because of procedural irregularities in their motion to enforce the settlement, we find no error in the...

Victoria Fausone v. U.S. Claims - 9/14/2005
Victoria Fausone appeals a final order granting U.S. Claims' motion to confirm an arbitration award. The arbitration occurred in Philadelphia but involved "litigation loans" extended to Ms. Fausone in Florida in exchange for an...

Aguero v. First American Insurance Co. - 9/7/2005
Before RAMIREZ and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge. The plaintiffs, Ryder Truck Rental, Inc. ("Ryder") and Norma Aguero ("Aguero"), as personal representative of the Estate of Ambrosio Iglesias ("Iglesias"), appeal from...

Ming v. Interamerican Car Rental - 9/2/2005
Ming, the personal representative of the estate of Robert Doyle, appeals from two final summary judgments, which determined no liability on the part of the two defendants below, Interamerican Car Rental, Inc., and Callie Robinson, in a...

Orlando Regional Healthcare System - 9/2/2005
This consolidated appeal arises from administrative proceedings involving a claim under Florida's Birth-Related Neurological Injury Compensation Act (NICA). Specifically, Orlando Regional Healthcare System (ORHS) appeals the...

Davis v. Dollar Rent A Car Systems - 9/1/2005
ON MOTION FOR REHEARING The Appellee, Beverly Williams, has filed a motion for rehearing directed to our opinion rendered on November 17, 2004. We feel compelled to address the allegations and arguments made in the motion because...

MN Medinvest Co. - 8/26/2005
The Appellants' motion for rehearing en banc is denied, but the motion for rehearing is granted to address Global Travel Marketing, Inc. v. Shea, 30 Fla. L. Weekly S511 (Fla. July 7, 2005). We withdraw the previous opinion dated May...

McQueen v. Jersani - 8/26/2005
Virginia McQueen ("Virginia"), as personal representative of the estate of her late husband, Milton McQueen ("Milton"), appeals from an order entitled Order Granting Motion for Judgment Notwithstanding the Verdict and Alternatively,...

Longmire v. Estate of Ruffin - 8/24/2005
Longmire appeals an order denying her motion to extend the time to file a claim in probate. We have consolidated Longmire's appeal of a final judgment on cross-claim and order of dismissal in an underlying personal injury/wrongful...

Duval County School Board v. Kebert - 8/23/2005
The Duval County School Board (school board) appeals from a partial summary judgment finding it liable in tort for operation of a school bus and awarding damages to Scott Kebert, the appellee. The issue presented is whether the trial...

Mercury Casualty Co. v. Rural Metro Ambulance Inc. - 8/19/2005
Mercury Casualty Company seeks certiorari review of a decision rendered by the circuit court of Seminole County, Florida, acting in its appellate capacity. Mercury contends that the circuit court departed from the essential...

Morris v. State - 8/19/2005
Morris appeals from his judgment and sentences for sexual battery with a deadly weapon or physical force and burglary of a dwelling with an assault or battery entered pursuant to his no contest pleas. On appeal, Morris raises three...

Padilla v. Mutual - 8/17/2005
Before RAMIREZ, and ROTHENBERG, JJ, and SCHWARTZ, Senior Judge. In this consolidated appeal, Lazaro Padilla and Eloy Rivero appeal two orders of dismissal without prejudice of their putative class actions suits filed against...

B.C.S. v. Wise - 8/5/2005
B.C.S., S.r.l (BCS), an Italian corporation, appeals from a non-final order in which the lower court determined that Florida had personal jurisdiction over it, after it was sued by Mary E. Wise in a personal injury action. We reverse...

Martin v. Hacsi - 8/5/2005
Cynthia Martin appeals the dismissal of her personal injury action against Henry Hacsi, who died after Martin filed her complaint. The attorney of record representing Hacsi before his death initiated the dismissal by filing a motion...

Rinella v. Abifaraj - 8/4/2005
Appellants/cross-appellees, the Florida Birth-Related Neurological Injury Compensation Association ("NICA"), Plantation General Hospital, Dr. John L. Rinella, Dr. Joaquin Taranco, and each doctor's professional association, seek review...

Mental Health Care - 8/3/2005
Mental Health Care, Inc. (MHC), appeals a final judgment in favor of Karen Stuart, n/k/a Karen Stuart-Conley, in a personal injury lawsuit. We reverse the judgment. We hold that a case manager at a community mental health facility who...

Orpe v. Carnival Corp. - 8/3/2005
Before RAMIREZ, WELLS, and SHEPHERD, JJ. Colin Orpe appeals a final judgment entered in a negligence action. Because the trial court would not allow Orpe to present the testimony of his expert witness at trial, we reverse. ...

Garcia v. Lincare Inc. - 7/29/2005
Petitioner seeks a writ of mandamus to compel the trial court to set this case for trial. Despite the fact that the case is "at issue," as contemplated by Florida Rule of Civil Procedure 1.440, and that several notices for trial...

Vaughn v. Progressive Casualty Insurance Co. - 7/29/2005
Lane Vaughn appeals the Amended Final Judgment entered in his personal injury action. He argues that the trial court's prejudicial comments about the evidence and his counsel in the presence of the jury worked to prejudice the jury...

First Protective Insurance Co. v. Featherston - 7/27/2005
This is a consolidated appeal of three separate cases. In case number 2D04-678, First Protective Insurance Company seeks review of the summary final judgment determining that a homeowner's insurance policy issued to Hisako...

Enterprise Leasing Co. v. Sosa - 7/20/2005
Before GREEN and RAMIREZ, JJ., and SCHWARTZ, Senior Judge. Enterprise Leasing Company appeals the trial court's $227,000.00 amended final judgment entered against Enterprise. Enterprise also appeals the trial court's $6,000.00...

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