CASES - Civil
Torts -- Automobile accident -- Vicarious liability of automobile leasing company -- Trial court properly found that federal Graves Amendment was a bar to vicarious liability claim against automobile leasing company -- Graves Amendment is constitutional -- Motor vehicle leasing transactions affect the channels of interstate commerce, the instrumentalities of interstate commerce, and intrastate activities substantially related to interstate commerce
Reported at 32 Fla. L. Weekly D2935f
Torts -- Automobile accident -- Damages -- Setoff -- Personal injury protection benefits -- Where plaintiff had exhausted all of his PIP benefits for payment of medical expenses, setoff for PIP benefits should have been applied only to that portion of verdict which awarded past medical expenses, and not to award for lost earnings
Reported at 32 Fla. L. Weekly D2933a
Torts -- Intentional infliction of emotional distress -- Extreme and outrageous conduct -- Complaint alleging that defendants, who were police officers, conducted a continuing campaign of harassment by running a drug and prostitution ring out of plaintiff's bottle club and refusing to investigate illegal activities inside or associated with the bottle club while harassing plaintiff and his employees to ensure their silence -- Error to dismiss complaint on ground that alleged conduct of defendants is not the type of extreme and outrageous conduct needed to support a claim for intentional infliction of emotional distress Reported at 32 Fla. L. Weekly D2925a
Torts -- Presuit discovery -- Pure bill of discovery -- Where victim who sustained catastrophic injuries after falling from dock was so incapacitated that he could not assist in narrowing the claim to the appropriate defendant, it cannot be said that resort to pure bill of discovery prior to suit to require preservation and inspection of dock in its current condition had no foundation -- Trial court did not depart from essential requirements of law in allowing pure bill of discovery -- Owner of dock will not be “irreparably injured” by allowing pre-suit discovery
Reported at 32 Fla. L. Weekly D2924b

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