Torts -- False light invasion of privacy -- Appeal from final order dismissing second amended complaint with prejudice -- Allegations that defendants released to at least five news organizations a press advisory, with headline reading that bankruptcy court had ruled against plaintiff, which placed plaintiff in a false light and which contained false, erroneous, and misleading information, the falsity of which defendants were aware at time they published it, sufficiently alleged elements of cause of action for false light invasion of privacy under Florida law -- No merit to defendants' contention in motion to dismiss that, because press advisory did not contain any false private facts or any substantially or materially false or offensive statements, press advisory was not actionable -- Consideration of matters outside four corners of complaint -- Dismissal could not be based upon defendants' contention that press advisory referred to bankruptcy court's order and was protected by “fair reporting privilege” because bankruptcy court order was not attached to complaint, and without consideration of bankruptcy court's order, trial court could not apply “fair reporting privilege” -- Question certified: Does Florida recognize tort of false light invasion of privacy, and if so, are the elements of the tort set forth in section 652E of Restatement (Second) of Torts?     Reported at 33 Fla. L. Weekly D12a

Torts -- Medical malpractice -- Florida Birth-Related Neurological Injury Compensation Plan -- Notice of participation in plan -- Notice was insufficient where it did not advise patient that her doctor was, in fact, a participant in plan -- Because it was health care providers who sought affirmative application of immunity/exclusivity provisions of plan, burden rested on them to show that the statutory requirements were met -- Question certified: In light of the reasoning of Galen of Florida v. Braniff, 696 So. 2d 308 (Fla. 1997), is a physician's notification to his patient of the existence of the NICA Plan as described by the brochure provided by NICA without notifying the patient that the physician is a participating physician sufficient to invoke the immunity and exclusivity provisions of the NICA Plan?     Reported at 33 Fla. L. Weekly D1b

Torts -- Premises liability -- Slip and fall in restaurant -- Evidence -- Mode of operation -- New trial required because of various evidentiary rulings, including exclusion of evidence concerning defendant's negligent method of operation, which involved the use of hard surface floors under conditions in which employees tracked grease from kitchen into customer areas and in which there were frequent spills in the customer areas -- Defendant's counsel violated rule of professional conduct during redirect examination of expert by injecting highly prejudicial information that, in separate slip and fall case eleven years earlier involving slip and fall on same staircase, jury had returned defense verdict in less than 20 minutes -- Error to allow into evidence the deposition of officer who investigated after the accident at issue and who testified in deposition that one or more persons, who also did not testify at trial, told him that plaintiff told them that plaintiff had probably missed a step as he was coming down
Reported at 33 Fla. L. Weekly D17a

Torts -- Product liability -- Strict liability -- Negligence -- Contractors -- Action by plaintiff who was allegedly injured when he fell onto a conveyor system at store where he was an employee against contractor who constructed building, alleging counts of strict liability and negligence -- Trial court properly entered summary judgment for defendant on strict liability count on ground that conveyor system is a structural improvement to real property, not a product, and principles of strict liability are not applicable to structural improvements to real property -- Trial court properly entered summary judgment for defendant on negligence count on ground that allegedly defective conditions were patent, that injury occurred after defendant completed work on building, and that owner of building accepted defendant's work     Reported at 33 Fla. L. Weekly D21b
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