Category: newsletters-2019

Defense Verdict in Premises Liability Case

Posted in Newsletters - 2019, Verdicts and Settlements on December 19, 2019

Jeff Carter and Rod Lundy, partners in the firm’s Orlando office, obtained a defense verdict in a premises case in Alachua County, Florida.  The case was tried on liability only as the defense previously convinced the court to bifurcate the case.

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2019 Fall e-Newsletter

Posted in Newsletters - 2019 on November 19, 2019

We are pleased to announce that our 2019 Fall e-Newsletter has been published. Please take a few minutes to read it as it contains information on new case law updates, including topics on liability, workers’ compensation, first-party property and coverage, trucking, medical malpractice and many more. The e-Newsletter also includes firm successes secured by Conroy Simberg, additional news and notes and firm announcements.  

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Fourth District finds that automobile dealerships that loan vehicles to customers are protected from vicarious liability under Graves Amendment

Posted in Newsletters - 2019 on August 1, 2019

Yesterday, the Fourth District Court of Appeal issued an important opinion relating to the Graves Amendment, finding that it applies to automobile dealerships that loan vehicles to their customers who have their cars in for service.  

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Fifth District Court of Appeal holds that insured may recover extra-contractual, consequential damages in first-party property case without demonstrating bad faith

Posted in Newsletters - 2019 on May 31, 2019

In Manor House, LLC Ocean View LLC and Merritt, LLC v. Citizens Property Ins. Corp., Case No. 5D17-2841, May 31, 2019, the Fifth District Court of Appeal held that where Citizens allegedly breached its policy with the insureds by failing to pay the undisputed amount of the insureds’ claim and otherwise failing to properly adjust the insureds’ loss, the insured could seek consequential damages, over and above the insurance benefits the carrier allegedly owed.  This was so despite the fact that Citizens is statutorily immune from suit for bad faith.  

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Supreme Court revives Daubert in Florida

Posted in Newsletters - 2019 on May 23, 2019

This morning, the newly reconstituted Florida Supreme Court has done an about-face on the issue of whether the Frye or Daubert standards govern the admissibility of evidence in Florida. 

In 2013, the Florida legislature adopted the Daubert standard of admissibility, which is narrower than the Frye standard, which only excluded new or novel scientific techniques lacking general acceptance.  Under the amended statute 90.702:  

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