Cases - Civil

Torts -- Action by plaintiff who was rendered quadriplegic when he hit his head on a rock when he took a shallow dive in a beach swimming area against defendant that contracted with County Department of Environmental Resource Management to evaluate solutions for controlling beach erosion -- Defendant owed no contractual or common law duty to plaintiff -- Trial court properly granted summary judgment for defendant -- Attorney's fees -- Proposal for settlement -- Where defendant had reasonable basis to conclude that it had limited exposure and liability, defendant's nominal proposal for settlement was made in good faith -- Trial court erred in denying defendant's entitlement to attorney's fees on ground that proposal for settlement was not made in good faith
Reported at 33 Fla. L. Weekly D107a

Torts -- Defamation -- Action against newspaper alleging that defendant published defamatory statements in articles relating to plaintiff's arrest and prosecution -- Trial court did not err in entering summary judgment for defendant newspaper upon determining that published statements were accurate, fair and impartial reports of court records and court proceedings
Reported at 33 Fla. L. Weekly D116a

Torts -- Maritime law -- Cruise line -- Jurisdiction -- Forum selection clause in passenger cruise ticket contract, which requires that lawsuits arising out of a passenger's cruise be filed exclusively in United States District Court for Southern District of Florida, is enforceable -- Forum selection clauses are prima facie valid and enforceable under general maritime law -- There is no merit to argument that cruise line has unlawfully “federalized” passenger personal injury actions
Reported at 33 Fla. L. Weekly D105a

Torts -- Medical malpractice -- Plaintiff who had pterygium in her eye surgically removed filed action against visual health center and eye surgeon after discovering that a fragment of one of sponges used in procedure was left in her eye -- Jury deliberations -- Trial court did not err in allowing jurors to replicate demonstration performed by defense expert at trial, in which a sponge like one used in pterygium removal was placed in water to allow jurors to see how sponge expands, even though parties were not present for experimentation and did not know exactly what liquid jurors might have used to wet sponge -- Trial court did not err in making it a jury question as to whether defense met their burden in overcoming presumption of negligence created by Section 766.102(3) when presence of foreign body commonly used in surgical procedures is discovered
Reported at 33 Fla. L. Weekly D120a

 

What did you think of this article?




Trackbacks
  • Trackbacks are closed for this post.
Comments
  • No comments exist for this post.
Leave a comment

Comments are closed.