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Legal Alerts Provided By Freeman, Goldis, & Cash, P.A.
Okeechobee Aerie 4137, Fraternal Order of Eagles, Inc., & AIX Specialty Insurance Company v. Rodney and Charlotte Wilde Summary:In this case the Fourth District Court of Appeal determined that under Florida Statute 768.125, which limits the liability of a person who furnishes alcoholic beverages with exceptions for habitual alcoholics and minors, proof of negligence is required and that a determination that a drinking establishment knowingly served a habitual alcoholic or minor is not a per se determination that the duty and breach elements of negligence have been met. View PDF Here
Diaz v Home Depot USA (3D15-520)  Summary: In this case the Third District Court of Appeal affirmed the dismissal of a case based on fraud on the court. The plaintiff gave false testimony about preexisting accidents and injuries. Although appellate courts rarely affirm dismissals on this basis,  the facts in this case were egregious.  This is a clear example of the importance of medical discovery and how past medical histories can impact litigation outcomes. View PDF Here.
R. J. Reynolds Tobacco Company v Gafney (4D13-4358) Summary: In this case the Fourth District Court of Appeal reversed a judgment for the Plaintiff and remanded for a new trial based on improper comments by Plaintiff’s counsel during closing argument, which included, among other things, telling the jury to send a message through the award of compensatory damages. View PDF Here
Fuentes v Sandel, Inc. and Rolling Shield, Inc. (3D14-3007) Summary: In this case the Third District affirmed a summary judgment granted to a warehouse owner after an employee of an independent contractor hired to paint the warehouse fell to his death. The court discussed the two exceptions to liability a property owner who employs an independent contractor, “the direct control exception” and the “the duty to warn exception”. As to the first exception the court emphasized that the employer must actually control the manner of in which the independent contractor’s work was performed and that the employer must also be negligent. The court also found that the independent contractor had notice of the dangerous condition. Finally the court affirmed the striking of the plaintiff’s expert’s affidavit as being conclusory as the expert opined on the legal duties of the defendants.  View PDF Here
Soto v McCulley Marine Service, Inc. (2D13-1620) Summary: In this wrongful death case the Second District reaffirmed the longstanding rule that evidence of a citation or lack thereof is inadmissible at trial. Moreover the court ruled that the plaintiff did not open the door to the lack of a citation by arguing that the defendant violated that same citation. View PDF Here
Grimes v Family Dollar Stores of Florida, Inc. (3D14-1874) Summary: In this premises liability case the Third District reversed a summary judgment for the landowner in a case wherein the customer of the commercial tenant, Family Dollar Store, while walking to the store after she had parked,  tripped and fell over a protruding  piece of steel re-bar in a landscaped area. Because there was evidence that the area where the customer fell was a well trampled footpath, an issue of material fact  existed as to the constructive knowledge of Family Dollar of this condition based on how long it had been present such as to place duties on family Dollar to correct and /or to warn. View PDF Here