CASES - Civil
Torts -- Automobile accident -- Jurors -- Challenge for cause -- Trial court erred in failing to strike for cause a
juror who had been sued as result of a similar accident which caused his insurance rates to double, and who
expressed negative feelings about the claim against him -- Court erred in failing to strike for cause juror who
expressed belief that there should be cap on damages and who stated that his beliefs on damages would possibly
come into play during deliberations -- New trial is required where plaintiff had to accept an objectionable juror
because he had been forced to exhaust peremptory challenges on jurors that court failed to strike for
cause
Reported at 33 Fla. L. Weekly D310b
Wrongful death -- Negligent hiring -- Action alleging that defendant, who sent goods through an independent trucking company, was responsible for accident in which decedent was killed by driver of truck owned by independent contractor because the defendant failed to investigate background, qualifications, or experience of driver and knew, or should have known, driver was unfit; and also alleging that defendant had non-delegable duty to protect motorists on highway from danger that driver posed -- No error in dismissing complaint with prejudice where complaint contained no facts, and the conclusions set forth in complaint were insufficient to make defendant liable for negligence of an independent contractor -- Reversal so that plaintiff can amend is not appropriate because plaintiff did not seek to amend in trial court Reported at 33 Fla. L. Weekly D279a
Courtesy of Florida Law Weekly Subscriptions (800) 351-0917
Reported at 33 Fla. L. Weekly D310b
Wrongful death -- Negligent hiring -- Action alleging that defendant, who sent goods through an independent trucking company, was responsible for accident in which decedent was killed by driver of truck owned by independent contractor because the defendant failed to investigate background, qualifications, or experience of driver and knew, or should have known, driver was unfit; and also alleging that defendant had non-delegable duty to protect motorists on highway from danger that driver posed -- No error in dismissing complaint with prejudice where complaint contained no facts, and the conclusions set forth in complaint were insufficient to make defendant liable for negligence of an independent contractor -- Reversal so that plaintiff can amend is not appropriate because plaintiff did not seek to amend in trial court Reported at 33 Fla. L. Weekly D279a
Courtesy of Florida Law Weekly Subscriptions (800) 351-0917

for the Shaloh Joseph case, if it gets that far.
Big Tobin address tomorrow. State of the Circuit Luncheon. Can't wait. Maybe he'll outline all of the non-changes he has planned for the next year.