Cases-Civil

Wrongful death -- Automobile accident -- Dangerous instrumentalities -- Leased vehicles -- Lessor's liability -- Statutory immunity -- Trial court erred in finding that owner of automobile dealership that leased vehicle which struck vehicle in which decedent was passenger was immunized from suit because lease agreement complied with Florida
law regarding minimum insurance requirements for long-term leases -- Lease provision reserving to lessor the right to “change the amounts of required insurance,” without imposing any standards governing the lessor's discretion to modify the insurance requirements, did not strictly comply with statute, which immunizes a vehicle lessor from liability for damages caused by a lessee's negligence so long as the lessee has obtained bodily injury and property damage coverage with specific policy limits     33 Fla. L. Weekly D1585a

Torts -- Automobile accident -- Damages -- Trial court did not abuse discretion in denying plaintiff's motion for new trial where jury failed to award expenses incurred for diagnostic testing to determine whether plaintiff's complained-of injuries were a result of the automobile accident in which plaintiff was involved -- Based upon plaintiff's prior injuries, her failure to disclose prior complaints and prior accident to her treating physicians, and conflicting expert testimony as to whether diagnostic tests were necessary or appropriate, jury's award of zero damages was supported by manifest weight of evidence -- Where plaintiff failed to object to verdict form which instructed jury to proceed no further if it found that accident was not legal cause of plaintiff's injury, plaintiff waived any objection to zero damage award     33 Fla. L. Weekly D1596a

Torts -- Medical malpractice -- Discovery -- Attorney-client privilege -- Trial court departed from essential requirements of law, causing harm that would not be curable upon review of final judgment, by compelling plaintiffs to disclose to defendants correspondence from law firm to plaintiff following surgery on plaintiffs' minor child, which defendants sought to use to show that current medical negligence action was barred by statute of limitations -- Plaintiff consulted law firm for legal advice, and correspondence from law firm to plaintiff was confidential communication protected by attorney-client privilege -- Privilege was not waived by plaintiffs' allegation in their complaint that their lawsuit was timely filed     33 Fla. L. Weekly D1589a

Public records -- Private engineering company which undertook to provide engineering services pursuant to various contracts with municipal corporation and acted de facto as city's engineer, was an “agency” subject to chapter 119 -- Documents generated by firm in performing engineering services for city over the more than fifteen years it served as de facto city engineer are public records, as city delegated a governmental function to firm and transferred an “actual public function” to the firm -- Trial court erred in ruling that firm did not act on behalf of city so as to make firm's documents public records for purposes of section 119.07 -- Attorney's fees -- No error in declining to award attorney's fees to party that made public records request -- Attorney's fees are available only when an agency unlawfully refuses to permit a public record to be inspected or copied, and judgment under review can only be construed as finding that firm's status as an “agency” was genuinely in doubt     33 Fla. L. Weekly D1570a

 

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