Before she was allowed to enter the non-spectator restricted area of the speedway during the race, pursuant to section 549.09(2), the plaintiff had to sign a release and waiver of liability for injuries potentially sustained in the restricted area. 1. The court compelled the depositions over the petitioner’s emergency motion for protective order. Plaintiffs sought damages against the homeowner’s association on the basis that it was negligent, and proximately caused the plaintiffs’ damages by permitting homeowners and their guests to park on both sides of the community’s streets contrary to its own governing documents. The Fourth District certified conflict with two decisions which hold that a trial court is not required to perform a full genuineness analysis on the record every time a party initiates a Melbourne challenge. The defendant did not make any further objection or argument at that time, but at the conclusion of jury selection, when asked if each side accepted the panel, the defense advised the panel was not acceptable because the court overruled defendant’s Melbourne v. State objection to the peremptory strike of the African-American juror. The doctor interpreted the MRI and to explain his findings used an exhibit consisting of two images with typed labels restating his findings. But there was an exception for a case reported on by thecourt.ca. Case Name Case No. Two attorneys and a paralegal were present at the meeting. In this case involving a medical malpractice verdict, the trial court had reduced the judgment based on the statute capping non-economic damages. FACTUAL ISSUES STILL EXISTED AS TO WHETHER THE DEFENDANT’S EMPLOYEE WAS GROSSLY NEGLIGENT, AND BECAUSE THE RELEASE THE VICTIM SIGNED DID NOT RELEASE ACTS OF GROSS NEGLIGENCE, IT WAS ERROR FOR THE TRIAL COURT TO ENTER SUMMARY JUDGMENT. He argued they were necessary to prepare for the upcoming hearing on the motion to disqualify the attorneys that he had filed, and that the information could be obtained by any other means. State of Florida, Department of Financial Services v. Barnett, 44 Fla. L. Weekly D221 (Fla. 4th DCA January 9, 2019): The Fourth District ruled that section 768.28(5) limits the sovereign immunity waiver to $200,000 (the statute was increased to a cap of $300,000 in 2016, after this case arose). Tom Comerford was lead counsel for a fortune 100 Company which was involved in a dispute concerning the sale of its foreign subsidiary. The court’s focus is not on the reasonableness of the explanation but on its genuineness. When the Fourth District reversed, it advised the trial judge to reinstate the total damage award, but to modify the final judgment with respect to the other elements. It apportioned fault against R.J. Reynolds at slightly less than the plaintiff had asked. AN ATTORNEY IS NOT REQUIRED TO PROVIDE AN INDEPENDENT EXPERT WITNESS TO CORROBORATE THE REASONABLENESS OF FEES IN SITUATIONS WHERE FEES ARE AN ELEMENT OF COMPENSATORY DAMAGES IN A BREACH OF CONTRACT ACTION AGAINST THE CLIENT, AND THE CLIENT ACKNOWLEDGED THE OBLIGATION. NO ABUSE OF DISCRETION FOR TRIAL COURT TO DENY PLAINTIFF’S MOTION TO AMEND HER COMPLAINT WHEN THE AMENDMENTS WOULD HAVE BEEN FUTILE BECAUSE THE NEW NEGLIGENCE CLAIMS SUFFERED FROM THE SAME NOTICE DEFECTS AS THE PRIOR CLAIMS. The court observed that arguments which may be inappropriate in a simple negligence case, may be appropriate concerning record evidence of a party’s intentional misconduct in the context of a claim for punitive damages. Progressive moved to dismiss based on the nonjoinder statute, section 627.413(6)(1) which states that an injured third party may not file a direct action against a liability insurer for a cause of action covered by a liability insurance policy, without first obtaining a settlement against the insured or a verdict. While it is generally reversible error in a simple tort case to ask the jury to send a message and punish or penalize the defendant when the jury is instructed to consider whether there is intentional misconduct, the jury may consider punitive damages as a punishment and a deterrent. Torts are a pretty broad category, and many types of cases, from physical injury to invasion of privacy, are included under the term. It also refused to award punitive damages. The court said it will continue to adhere to prior case law, and that the Melbourne procedure does not require the trial court to recite a perfect script or incant specific words in order to properly comply with its analysis. The decision to uphold or deny a peremptory challenge is reviewed for an abuse of discretion. Contrary to the plaintiff’s argument, the exhibit should not have been admitted into evidence with the annotated opinions. Business Torts Business torts, also called "economic torts," are wrongful acts committed against business entities -- often intentional but sometimes due to negligence or recklessness -- that cause (or are likely to cause in the future) some kind of financial loss. Citing to the supreme court’s recent decision in Odom, the court said there is an inherent difficulty in measuring non-economic damages, and the jury’s award should not be disturbed unless it is so inordinately large as obviously to exceed the maximum limit of a reasonable range within which the jury may properly operate. Damages – In many cases, plaintiffs that prevail in business torts are awarded monetary compensation for their damages (which requires a careful accounting of any past and future expected losses suffered). The Week in Torts - Cases from the Week of November 27, 2020, The Week in Torts - Cases from the Week of November 20, 2020, The Most Dangerous Types of Car Accidents, The Week in Torts - Cases from the Week of November 13, 2020, The Week in Torts - Cases from the Week of November 6, 2020, The Dangers of Flex Seal & Toxic Exposure, The Week in Torts - Cases from the Week of September 4, 2020. 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