Personal Injury Lawyer

A non-party to a suit that funds a party’s defense cannot be added as a judgment debtor once judgment has already been entered

July 21, 2014 | Wolfson & Leon

Law and public policy are often used simultaneously in determining case law. When it comes to judgments and collecting them, the law has now been made even clearer. In Miccosukee Tribe of Indians of South Florida v. Bermudez, 39 Fla. L. Weekly D1395b, the 3d DCA ultimately sided with a strong public policy argument in the wrongful death case, reversing the trial court’s judgment that allowed the plaintiff to add the Miccosukee Tribe as a judgment debtor, and allowed the plaintiff to collect the amount of the complete previous judgment plus interest from the tribe.

The fine balance between law and public policy is loudly illustrated in this case where two members of the tribe caused the accident, which led to the death of the plaintiff’s wife, and the injury to his child and to himself. While it is blatantly obvious that the plaintiff deserves compensation resulting from the court’s final judgment, the two members of the tribe assert that they have no assets. The Plaintiff recently appeared in front of the tribunal for the tenth time. And the 3d DCA decided that the plaintiff had no adequate legal basis to add the Miccosukee Tribe as a judgment debtor thereby reversing the trial court.

In ruling this way, the Third DCA relied upon three lines of authority in attempting to add the tribe as a judgment debtor, however the strongest of the three, which holds that a nonparty to litigation that funds and controls vexatious litigation can be added as a party for purposes of paying costs and attorney’s fees, was readily distinguishable from the fact pattern in Bermudez.

Winning and Losing your Miami Florida Slip and Fall Case

July 21, 2014 | Wolfson & Leon

Young woman falling on wet floor

Ever wonder how to win your Miami slip and fall injury case?

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similar transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.”

Defendant didn’t file Evidence that Plaintiff was “undiscovered trespasser” – Summary Judgment gets reversed

July 21, 2014 | Wolfson & Leon

Slip and fall cases are hard. And, summary judgment is very difficult at times to avoid. This is due to the relatively new statutes. But if the Court lets defendant’s argue evidence that was not filed, well that makes it even more difficult. Recently, the Fourth DCA corrected a trial court that allowed evidence to be presented during a Summary Judgment Motion that was not filed in accordance with the rule. In fact, that evidence was relied upon in the trial court’s ruling on the slip and fall case. The ruling, actually, dismissed the case because the Plaintiff was found to be an undiscovered trespasser.

The Fourth District Court of Appeals recently reversed a trial court’s ruling granting summary judgment for the defendant in a slip-and-fall case when it came to the issue of allowing deposition testimony that was not attached to the motion, pretrial filings, or the record of appeal. In Denniser v. Columbia Hospital Corporation of South Broward d/b/a Westside Medical Center, 39 Fla. L. Weekly D990a, the appeals court would not conclude that Denniser was an “undiscovered trespasser” in the hospital pantry because the only evidence Columbia brought and relied on was deposition testimony where Denniser said she did not see anybody before she fell, which was not attached or admitted into evidence.

In doing so, the 4^th DCA cited Servedio v. U.S. Bank Nat’l Ass’n, 46 So. 3d 1105, 1107 (Fla 4th DCA 2010) to assert that “a trial court’s order for summary judgment must be reversed when there is no sworn evidence, in the record, to support that motion.” So although there is relevant testimony to support Columbia Hospital’s motion for summary judgment, procedural and evidentiary rules preclude admissibility of the statement and left a gaping genuine issue of material fact to be resolved by a jury.

Accident-Lawyer News: Driver Flees After Killing Two People in Crash

July 2, 2014 | Wolfson & Leon

Hit-and-runs are terrifying trends in the United States, especially because many victims may not have died if the driver had remained to provide aid or call for help. However, most drivers are prompted to leave the scene, either because they are breaking a law by driving without insurance or they are driving without a license.

Nowadays, it’s difficult to imagine that many of these drivers actually get away with killing another person and just leaving them after a car accident. The sad truth is, many hit-and-run drivers do escape justice. Statistics for these sorts of trends are scarce, but the Chron reports that in at least one area of the country, approximately 50 percent of hit-and-run drivers are never found.

Florida police are avidly trying to find a driver after a particularly violent hit-and-run crash last week. WTSP News reports that the accident occurred at 3 a.m. and left two young women dead and third in the hospital.

Medical Malpractice Surgery Video Admissible

July 1, 2014 | Wolfson & Leon

The Second District Court of Appeals recently affirmed a trial court when it came to the issue of letting a jury see video of a surgery. In Allstate v. Isensee, 39 Fla L. Weekly D1221, the court upheld a ruling from trial court Judge Linda Babb that let the jury see video of a surgery. In doing so, the 2nd DCA cited Pope v. State, 679 So.2d 710, 713 (Fla. 1996) and noted that “the test for admissibility of photographic evidence is relevancy rather than necessity”. However, it noted that “relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence”. See Section 90.403, Fla. Stat. (2011). So, if you are a Plaintiff Lawyer and are trying a case, roll tape.

Twist in Miami Medical-Malpractice Case, and More Personal-Injury Lawyer News

July 1, 2014 | Wolfson & Leon

Medical malpractice is a tough issue that patients all across the country face. In Florida, malpractice rates are slightly higher than those in other states. According to the National Practitioner Data Bank, Florida had the fifth-highest number of malpractice payouts in 2012. Nationwide, there were 12,142 total payouts that year.

Four years ago, a Miami patient died due to Dr. Peter V. Choy’s negligence. Teresita Garrido first visited Dr. Choy in 2008, complaining of pelvic pain. He ordered a CT scan that revealed a pancreatic mass.

Choy failed to inform Garrido of the mass, and he continued to keep her in the dark for several years, until she visited him in 2010, complaining of a more acute pain. Choy ordered another CT scan, and he eventually informed Garrido of the mass.

Winning and Losing your Miami Florida Slip and Fall Case

June 2, 2014 | Wolfson & Leon

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similary transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.” Kenz v. Unicco, 116 So. 3d 461 (Fla. 3^rd DCA 2013). In Kenz and for the foreseeable future, a Plaintiff must show evidence that the Defendant had actual or constructive notice of the condition that caused him or her to slip and fall and be injured.

Suffering a slip and fall can be both dangerous and embarrassing. If you suffered a slip and fall because of the negligent behavior of another party, you may be able to recover damages.

To recover damages, an attorney would have to prove not only that the injured party slipped and fell, but also that the owner of the property was liable. Then, we would need to prove that it was foreseeable that the property owner’s negligence would create the danger that caused your injury.

Accident-Lawyer News: Hit-and-Run Roundup

May 29, 2014 | Wolfson & Leon

CBS News reports that South Florida pedestrians are more likely to be involved in hit-and-run accidents than pedestrians anywhere else in the nation. According to a recent report, part of the blame rests on dangerous road design that makes it more difficult for pedestrians to safely cross the streets.

The problem is only growing worse, and many Floridians are calling on city officials to redesign roads. According to Smart Growth America, 5,189 pedestrians died in car accidents during the nine years between 2003 and 2012.

Pedestrians in Florida also account for more of the overall traffic deaths than the national average. The National Highway Traffic Safety Administration reports that pedestrians make up 14 percent of traffic deaths in the country, whereas Florida’s pedestrians represent 17.7 percent of fatalities.