Cases - Civil

Torts -- Product liability -- Limitation of actions -- Statute of repose -- Tolling -- Concealment -- Action against motor vehicle manufacturer alleging defect in vehicle caused it to accelerate unexpectedly and strike a pole -- Statute of repose, which provides that any claim arising out of product defect cannot be brought more than twelve years after date of first sale to consumer, is tolled for any period during which manufacturer had actual knowledge of defect and took affirmative steps to conceal the defect -- Where plaintiffs offered evidence at summary judgment hearing which, if believed by a jury, could establish, or at least infer, concealment of defect by manufacturer, trial court improperly granted summary judgment in favor of defendant     Reported at 33 Fla. L. Weekly D1810a

Torts -- Automobile accident -- Evidence -- Accident report privilege -- Where, in cross-examination of plaintiff's expert, defense counsel attempted to mark a diagram contained in police report referred to by expert in direct examination, court allowed defense counsel to use the diagram only as a demonstrative aid without referring to it as the accident report, but defense counsel displayed the diagram to the jury during closing argument and referred to it as coming from the accident report, court did not err in finding that defense counsel violated court order in closing argument by referring to the diagram as coming from the accident report, but that a new trial was not required because the violation was inadvertent, unintentional, and was not so prejudicial as to warrant a new trial -- Court did not err in denying plaintiffs' motions for mistrial and new trial     Reported at 33 Fla. L. Weekly D1796b

Torts -- Defamation -- Sovereign immunity -- Sheriffs -- Sheriff's act of issuing press release on sheriff's internet website that labeled plaintiff and others as “deadbeat parents” for failing to pay court-ordered child support was within the scope of the duties of the office of the sheriff where purpose of the release was to induce delinquent parents to pay their child support, a proper governmental function -- Trial court departed from essential requirements of law by failing to give a broad enough interpretation of “scope of duty” and in denying motion to dismiss grounded on sheriff's immunity from suit     Reported at 33 Fla. L. Weekly D1787b

Torts -- Interference with business relationships -- Defamation -- Judicial estoppel -- Bankruptcy -- Error to enter summary judgment in favor of defendants on two counts for monetary relief where those claims belonged to bankruptcy trustee, and trustee was not party to the lawsuit at the time -- Claims for monetary relief became property of plaintiff's bankruptcy estate, even though plaintiff failed to list lawsuit on her schedule of assets in bankruptcy case -- Case could not be dismissed on any theory of judicial estoppel -- If bankruptcy trustee recovers judgment in this action that exceeds all obligations owing to the creditors in the bankruptcy proceeding, assets could revert to plaintiff -- Whether at that point either trial court or bankruptcy court could impose sanction against plaintiff for failure to list lawsuit as asset on her schedules is matter that need not be resolved at this point    Reported at 33 Fla. L. Weekly D1768a

Torts -- Medical malpractice -- Mistrial -- Juror misconduct -- Trial court did not err in denying motion for new trial in personal representative's medical malpractice action against medical doctor who rendered treatment to her husband, where she waived any argument based on juror misconduct by failing to join in doctor's motion for mistrial on same grounds -- Appellants conduct in attempting to take no position on motion filled by doctor while simultaneously arguing against it on substantive grounds was sufficient to constitute waiver of argument that juror misconduct necessitated new trial -- Although appellant did not know full details of litigation and injuries concealed by jurors, she had sufficient information to join or oppose motion on substantive grounds    Reported at 33 Fla. L. Weekly D1784c

 

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