Federal circuit courts are torn on the question of whether an employee who is injured on the job is free to spend the benefits of a third-party lawsuit or other settlement agreement, or if he or she must use that money to reimburse their health insurance provider. Most courts have…
The safety of 15-passenger vans has once again been called into question following three fatal crashes in the Southeastern U.S. – including two in Florida – which killed 14 people and injured dozens more over the course of just two weeks. These vans, popular for use among church groups, sports…
In some civil cases, there may exist a relevant police report. An example would be an accident report generated by a police officer following a crash. Whether that report will be allowed admission into evidence will likely depend on whether the report contains hearsay. What the court does not want…
Commercial truck accidents can result in major property damage and serious injuries to those involved. What often surprises many victims is the fact that because truck drivers are often independent contractors, it can be difficult to hold trucking companies – or insurers – liable for damages. In many cases, victims…
Florida’s 2nd District Court of Appeal reversed a $4.8 million judgment favoring the estate of a man who died as a result of injuries sustained in a horrific crash at a roadway construction site several years ago. In L.E. Myers Co. v. Young, the appellate court ruled summary judgment favoring…
A Florida driver who suffered serious injuries in a 2009 auto accident in Hollywood was recently awarded $1.8 million in damages against the at-fault driver’s insurer by Broward Circuit Court jury, following a six-day trial. In Brown v. Pennicook, defense fought hard against the notion plaintiff’s injuries were caused by…
In Dania Beach, a man stands accused of killing an 8-year-old boy and seriously injuring his 14-year-old brother before fleeing the scene. Authorities found the 22-year-old after he reportedly attempted to have the vehicle repaired at an auto body shop. He has since been charged with one count of leaving…
A judge overseeing the product liability case against a vehicle manufacturer whose alleged acceleration problems led to a paralyzing crash has approved a plaintiff request to seek punitive damages. What that means is the former University of Central Florida student whose injuries rendered him quadriplegic could potentially receive somewhere between…
Parents of 4- and 5-year-old children, take note: As of Jan. 1, 2015, you are in violation of the law if your child is in a moving motor vehicle without being strapped to a child car seat or booster seat. A new child car seat law took effect at the…
On Christmas Eve, 2013, a mother and grandmother anxiously waited for a 9-year-old girl to arrive. Her father was to bring her over, and they planned to make gingerbread houses and set out cookies for Santa. But the little girl never made it. Her father, 27, was drunk, lost control…