Archive by Month: August 2014

Defense Verdict obtained in Georgia case alleging that defendant driver was negligent per se for hitting pedestrians

Posted in Newsletters - 2014 on August 28, 2014

Joshua C. Canton, Partner in our Tallahassee office, obtained a Defense Verdict on behalf of Nationwide Mutual Insurance Company and Harold L. Lindsey in a pedestrian versus vehicle/underinsured motorist case.  Plaintiffs were a retired couple on vacation in Savannah, GA for a month.  The accident occurred on the Plaintiffs' first evening in Savannah as they were crossing the street at a crosswalk in a historic downtown neighborhood.  The tortfeasor, Mr. Lindsey, driving to a gas station from his nearby home.  Plaintiffs alleged that Mr. Lindsey was negligent for pulling into the crosswalk and colliding with them, after he stopped at the stop bar.  They alleged that Mr. Lindsey was negligent for failing to watch where he was driving and that he was negligent per se for violating Georgia Statutes requiring a driver to yield to a pedestrian in a crosswalk.  Mr. Lindsey alleged that the Plaintiffs suddenly stepped in front of his vehicle from behind a large bush on the corner that obstructed his vision, after they observed that Mr. Lindsey was looking away from them.  Nationwide alleged that the damages did not exceed the underlying limits of $50,000/$100,000.

E-Alert 08-28-14.pdf

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Circuit Court Finds Workers’ Compensation Immunity Statute 440.11 Unconstitutional

Posted in Newsletters - 2014 on August 25, 2014

We have received numerous inquiries regarding a Miami-Dade Circuit Court's order granting an Amended Motion for Summary Judgment in favor of Petitioners Florida Workers' Advocates, Workers' Injury Law & Advocacy Group and Elsa Padgett in a case ostensibly against the Florida Attorney General. On summary judgment, the Petitioners argued, and the Court, Honorable Jose Cuerto presiding, agreed, that Section 440.11, the immunity section of the workers' compensation statute, was unconstitutional and the Court entered a declaratory judgment to that effect. For a number of reasons discussed in more detail below, we do not believe that this ruling will stand. More importantly, this trial court order does not bind any other civil court or the JCC on this issue. Unless and until the order is addressed by an appellate court, it has no precedential value whatsoever. 

E-Alert 08-14-14.pdf 

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We are proud to announce that Jayne Pittman has received her Board Certification in Construction Law

Posted in Announcements on August 6, 2014

Board certified lawyers have met the Florida Bar's highest standards for special knowledge, skills and proficiency in construction law and professionalism and ethics in the practice of law.  Board certified construction lawyers deal with matters relating to the design and construction of improvements on private and public projects including but not limited to, construction dispute resolution, contract negotiation, award, and administration construction scheduling analysis and delay claims and litigation arising out of Florida Construction Lien Law.

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