News & Events

Truck accident attorneys like to market their services by telling potential clients about how dangerous trucking is and how things are only getting worse each day. It is true that there are more trucks on the road and the industry is losing experienced drivers; however, emerging technologies are likely to have a significantly positive impact on truck safety. In particular, artificial intelligence will change the way operators drive their trucks, and tests show the use of this technology will greatly reduce truck accidents. In other words, an even better future for truck safety is just over the horizon.

Bill Mitchell was recently successful on a Motion for Final Summary Judgment.  The Court granted the Motion in favor of the insurer finding that as a result of the Insureds’ late reporting of their claim for Hurricane damages the insurer was entitled to a presumption of prejudice and that upon review of the evidence presented, the Insureds had failed to rebut the presumption of prejudice.  As such, there was no coverage for the Insureds’ loss and summary judgment was appropriate.  The Insurer will now be seeking an award of fees and costs as the result of an expired proposal for settlement.   

Joshua C. Canton, a partner in the firm's Tallahassee, Florida office, along with Justin B. Hales, an associate in the firm’s Tallahassee, Florida office, recently prevailed on a motion for summary judgment in a premises liability slip and fall accident in Leon County,  Florida where they argued that Plaintiff was a trespasser, and the Defendant breached no duty owed to the Plaintiff.

West Palm Beach attorneys Melissa McDavitt and Madison O'Connell successfully prevailed on their Motion for Final Summary Judgment. In granting the Defendant’s Motion, the Court found the policy of insurance is not ambiguous as to the “Out of State Coverage” provision, nor has the Plaintiff articulated any ambiguities. The “Out of State Coverage” provision is clearly and purposefully placed under the Liabilities portion of the policy. The “Out of State Coverage” provision is not applicable to the policy at large and is not specifically applicable to the PIP Statute.

Cristobal A. Casal, partner in the firm's Fort Myers office, obtained a defense verdict on behalf of a trucking company and its driver in a trucking personal injury case after a three day jury trial in Tampa.  Plaintiff was a warehouse employee at BJs Wholesale Club who suffered significant bodily injuries when the Defendants’ tractor-trailer pulled away from the loading dock while it was being unloaded.  Defendants argued that the Plaintiff violated his own employer’s loading dock policies and procedures when he began unloading the trailer without properly restraining it. The jury deliberated for less than an hour before returning with their verdict.