FRCP 1.720 and most court orders require parties to appear at mediation with “full authority” to settle without further consultation. See also Carbino v. Ward, 801 So.2d 1028 (Fla. 5th DCA 2001) and Physicians Protective Trust Fund v. Overman, 636 So.2d 827 (Fla. 5th DCA 1994). A hypothetical personal injury…
Current Florida law allows individuals injured in slip & fall accidents to prove fault against business establishments through evidence of inadequate maintenance policies and procedures. Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001) and Section 768.0710 Florida Statutes. If the 2010 Republican-dominated Florida Legislature has its way,…
In the Gettysburg Address, Abraham Lincoln declared that we are a “government of the people, by the people, for the people.” Sadly, this message has not registered with Florida lawmakers. (Please see this blog for a significant modification of this statement.) As should be the case, individuals and corporations whose…
Personal Injury Protection (PIP) insurance is mandatory in Florida for owners of operational motor vehicles and usually provides coverage up to $10,000 for medical benefits and lost wages. In many instances, the coverage will extend to other individuals besides just the owner of the vehicle. After choosing a carrier, the…
Injured workers in Florida suffered a major setback in May 2009, when the Florida Legislature adopted a workers’ compensation bill which significantly limits the amount of fees their attorneys may recover from workers’ compensation insurance companies for forcing them to pay benefits through litigation. Not surprisingly, the Republican-controlled legislature failed…
Tort “deformers” purposely fail to make full disclosure in their holy war against the civil law justice system. A prominent example of something not being divulged is the well-established principle of law commonly known in Florida as Comparative Fault or Contributory Fault/Negligence. Quite simply, this concept provides that the Plaintiff’s…
February 27, 2011 blog on the issue: Survey of Florida’s Wrongful Termination Workers’ Compensation Law Although the rights of injured workers under Florida’s Workers’ Compensation statutes have consistently been eroded away under Republican rule, one protection has remained constant over the years. Per Section 440.205 Florida Statutes (2009): Coercion of…
Pharmaceutical drugs can work positive wonders. Unfortunately, if abused or misused, they can be terribly harmful. In today’s fast-paced world, simple errors involving prescription medicine are not uncommon. From a scribbled doctor’s prescription, to failing to learn of allergies or the contraindications of mixing medicines, to dispensing medication to the…
Parties and witnesses involved in legal proceedings should follow these basic rules when being deposed: Listen carefully and allow the attorney to complete each question before responding; If you do not understand a question, ask the attorney to repeat the question or rephrase it; Answer only the question asked and…
People may be surprised to learn that accidents that occur on property from hazards which are open and obvious, are not absolutely barred by law from being the fault of the landowner. The primary legal significance of hazards being open and obvious is that landowners are under no duty to…