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Florida Supreme Court rules that evidence of future Medicare or Medicaid benefits is inadmissible at trial

Posted in Announcements, Newsletters - 2015 on October 15, 2015

The Florida Supreme Court issued an opinion on October 15, 2015 in Joerg v. State Farm Mutual Automobile Insurance Co., No. SC13-1768, in which it considered the admissibility of evidence regarding future Medicare benefits under the collateral source rule, and receded from its prior position in Florida Physician’s Insurance Reciprocal v. Stanley, 452 So. 2d 514 (Fla. 1984).  Generally speaking, the law provides that payments from collateral source benefits are not admissible at trial because such evidence may confuse the jury with respect to both liability and damages. However, in Stanley, the Florida Supreme Court created an exception to this rule and held that “evidence of free or low cost services from governmental or charitable agencies available to anyone with specific disabilities is admissible on the issue of future damages.”  

 

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Quarterly Newsletter - Fall 2015

Posted in Announcements, Newsletters - 2015 on October 7, 2015

We are pleased to announce that our 2015 Fall E-Newsletter has been published. Please take a few minutes to read it as it contains resource information on new case law updates, including liability insurance and workers’ compensation topics. The e-newsletter also provides updates on individual and collective results secured by Conroy Simberg. Please check back often for news about our caseload and successes.

For additional information on a specific topic within the e-newsletter, please contact us at: csg@conroysimberg.com

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Motion to Dismiss Obtained in Historic Mixed-Use Property on the Hollywood Broadwalk 

Posted in Announcements, Newsletters - 2015 on October 1, 2015

Partner Dale Friedman obtained a Motion to Dismiss with prejudice in the case of The Hollywood Beach Resort Rental Program, LLC v. Michael Jekic, Laura Welliver, Christian Morello, Maria Mejido, Judy Buchan, John Does 1-10 and Jane Does 1-10, Defendants and Hollywood Beach Hotel Owners Assoc., Inc. and Hollywood Beach Resort and Condo. Assoc., Inc., Nominal Defendants. This case was filed in federal action and involved the Hollywood Beach Resort, a historic mixed-use property on the Hollywood Broadwalk that operates through a condominium association as well as a timeshare association. Plaintiff was a timeshare rental company formed by Richard Schecher, the former President of the Board of Directors of the associations, and asserted claims against the individual members of the Board of Directors that succeeded Mr. Schecher's presidency. 

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Naples Office Relocation

Posted in Announcements, Newsletters - 2015 on October 1, 2015

We are pleased to announce the relocation of our Naples office. Effective immediately our new address will be:   

1415 Panther Lane
Suite # 389
Naples, FL 34109
Phone: (239) 263-0663 
Fax: (239) 263-0960   

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Fifth District Court of Appeal reverses Volusia County Circuit Court’s order dismissing with prejudice common law indemnity and common law subrogation claims

Posted in Announcements, Newsletters - 2015 on August 4, 2015

As to the common law indemnity claim, the Court declined to require a party to plead some type of heightened “special relationship” between the parties in order to state a claim.  Instead, the Court held that a common law indemnity claim merely requires that a party plead (1) that it is wholly without fault; (2) that the other party from whom it is seeking indemnity is at fault; and (3) that it is only liable to the injured party because of some vicarious, constructive, derivative, or technical liability for the wrongful acts of the party from whom it is seeking indemnity. Additional facts establishing the nature and extent of a “special relationship” are not required to be alleged in a common law indemnity claim.  Therefore, if the law provides that a party without fault may be held liable to the plaintiff for damages caused by another’s fault, as is often the case in first party property and third party liability claims, the party without fault may sue the party who allegedly caused the injury or damage in a third party action, irrespective of whether the party without fault is vicariously liable for the third party defendant’s tortious conduct.   

 

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