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Not every piece of evidence that may seem relevant at first glance is admissible, or even discoverable, in a Florida personal injury case. A piece of evidence may be undiscoverable or inadmissible for any number of reasons, including its lack of relevance, the fact that it constitutes hearsay, the prejudicial nature of the evidence, or the fact that it invades the privacy rights of a party.

As a general rule, Florida courts have to balance competing concerns when it comes to evidence; while a piece of evidence may be extremely probative of one point, it may be unduly prejudicial to they opposing party and therefore must not be used at trial.

Medical Records in Florida Cases: Poston v. Wiggins

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Back in March of 2012, three people lost their lives when an SUV slammed into the back of the car they were riding in. The car was stopped at a red light. The driver of the SUV admitted at the time of the accident that he was high on “spice,” or synthetic marijuana. At a criminal trial, the driver of the SUV received a 22 year sentence for vehicular manslaughter.

Just a few weeks ago, according to an article by the WCTV.tv, the families of the deceased initiated a wrongful death lawsuit against the driver of the SUV, the convenience stores that may have sold the driver the spice, and the manufacturer of the spice. The plaintiffs are alleging that, although the synthetic marijuana was legal at the time of the accident, the manufacturers and vendors should have known the effects of the drug.

Naming Parties in Florida Personal Injury Lawsuits

The plaintiffs in the above-mentioned case named two stores in their lawsuit – a Circle K and a local smoke shop. In fact, the plaintiff’s attorney mentioned publicly that the plaintiffs do not currently know which of the two stores sold the driver the spice. However, by naming both parties, the plaintiffs are making a strategic decision that may pay off down the road. Continue reading ›

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The Florida Court of Appeals, Third District, recently decided an interesting case that affects both plaintiffs and defendants in multiple-defendant personal injury cases. Specifically, the case relates to the admissibility of evidence showing that the plaintiff settled with a party who used to be, but is no longer, named as a defendant.

In the case of Bern v. Camejo, the dispute arose from a three-car collision. Bern, the plaintiff, sued both Acevedo and Perez, claiming that they caused the accident which caused her injuries. Before trial, Bern settled out of court with Perez and proceeded to trial against Acevedo (and the owner of Acevedo’s car). It was Bern’s plan to have Perez testify that the accident was Acevedo’s fault, a position that Perez maintained from the beginning.

Before the trial began, the plaintiff asked the court to prevent Acevedo from telling the jury that Bern had initially named Perez as a defendant but had since settled with Perez out of court and then dismissed her from the suit. The trial court gave Bern half of what she asked for: Acevedo could tell the jury that Perez was initially named as a defendant, but could not get into any discussion about an out-of-court settlement. Continue reading ›

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In February, a sophomore outfielder for the Florida Gators was involved in a scooter accident in Gainesville. According to a report by the Independent Florida Alligator, the sophomore was riding his scooter southbound on Southwest 10th Street when he struck a curb and then collided with a parked truck at about 1:25 a.m.

When police arrived on the scene, they found the driver laying on the ground, breathing but unresponsive. According to the responding officers, there was a strong odor of alcohol on his breath. He was then taken to a nearby hospital with non-life threatening injuries.

Police are investigating whether alcohol was involved in the accident, and are waiting to press charges until they get back the results from the toxicology reports. However, the sophomore player has been indefinitely suspended from the Gators for his involvement in the accident. Continue reading ›

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In a case earlier this year, the Florida Supreme Court had a chance to further define the situations in which an arbitration agreement is valid. An arbitration agreement is a contract entered into as a part of a larger contract. Generally speaking, an arbitration agreement is an agreement to waive the right to go to court if anything should happen between the two parties to the contract. Instead of going to court, the parties agree to instead participate in a binding arbitration session.

Problems with Arbitration Agreements

There has been some commentary lately from a variety of sources that arbitration agreements are unfair to the lesser sophisticated party. In a traditional contract between a business and an individual, this would be the individual. This is because the more sophisticated party often chooses the arbiter, meaning that, at least in theory, they will have an advantage. Many common contracts contain arbitration clauses, which is another reason why some scholars claim they are unfair; a consumer is often not able to find a vendor to deal with that does not include an arbitration clause in the contract. This leaves the consumer in a “take it or leave” type position.

The Recent Florida Supreme Court Opinion

In the opinion Jackson v. Shakespeare Foundation, Inc., the Florida Supreme Court determined that a claim of fraud is included in the intended realm of the arbitration agreement and therefore cannot proceed to a court of law.

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Earlier this week in a Miami Shores nursing home, a fire broke out in one of the rooms, causing all of the home’s residents to be evacuated. According to a report by the local NBC affiliate, the fire started shortly after 5 a.m. and all 51 residents were evacuated. Some of the residents were seen laying in hospital beds across the street from the nursing home. Apparently, a mattress had somehow caught fire in one of the residents rooms. Luckily, fire personnel were able to quickly contain the fire; it never spread beyond that one room.

A nearby fire truck was on the way back from responding to a call and was able to show up in a matter of seconds. In all, just two residents were hospitalized for possible smoke inhalation. All residents were let back into the home later on in the day as investigators further investigated the cause of the fire.

Fires in Nursing Homes: A Frightening Thought

A fire can wreck havoc no matter where it starts. However, when nursing homes catch fire, the risks exponentially increase due to the fact that many nursing home residents are immobile and rely on the nursing home’s employees for mobility. In the case described above, the residents were very fortunate that the fire truck was nearby and was able to respond in a rapid manner. Continue reading ›

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In a tragic accident earlier this week, a Florida woman hit seven people after attending a wedding at church, killing three. According to a story by the Tampa Bay Times, the elderly woman was attending a wedding that ended shortly after 11 a.m. After the wedding, she attempted to back her SUV out of a handicapped parking space and somehow lost control of the vehicle. As the vehicle continued traveling backwards, the SUV hit a total of seven people before jumping a curb, running over several small trees, and then ending up in a canal.

In the end, seven people were hit by the SUV and three died as a result of the injuries they sustained in the accident, one at the scene and two later in the day at the hospital.  Four others were taken to the hospital with serious injuries, but are expected to recover.

The cause of the accident is unknown, but the driver told reporters afterwards that it was an “accident.” Police do not believe that alcohol was involved in the fatal accident.

Serious Accidents May Be the Result of Negligence

In the case above, it seems pretty clear that the woman was not intending to harm anyone. However, her negligent operation of her vehicle ended in the deaths of three people. The fact that she did not mean to harm anyone does not make the losses that the families of the victims’ experienced any less real or painful.

In cases where a driver causes the death of another, the accident victim’s family may be able to recover monetary compensation for their loss. Such a suit is called a wrongful death action in Florida. Continue reading ›

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Earlier this week, the famed pop star Justin Beiber was pulled over by police when he was caught drag racing down a residential street in Miami Beach. He was driving a yellow Lamborghini. According to a report by CBS News, once police pulled Beiber over he smelled of alcohol and was uncooperative. Beiber failed the field sobriety tests administered by the arresting officer and was booked for DUI, driving with an expired license, and resisting arrest. He later admitted to drinking, smoking marijuana, and taking prescription medication.

Beiber has since posted the $2,500 cash bail set by the judge and remains out of police custody. His attorney hopes that the case will proceed as any other case would.

Speed and Alcohol Are a Deadly Combination

In a way, Justin Beiber is incredibly lucky. The police clocked him traveling 60 miles per hour in a 30 mile per hour zone. Combining the speed at which he was traveling with his compromised reflexes and reaction times due to the substances in his system, the situation could have been catastrophic. Instead he will likely get off with community service, fines, and court costs. Continue reading ›

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Earlier this month in central Florida, two pedestrians were killed and another two were injured when a pick-up truck swerved off the road and ran into the group of four as they were walking on the side of the road. After colliding with the group of pedestrians, the truck driver briefly came to a stop before backing back out onto the road and continuing on. The driver shortly thereafter ran into a cement pole. According to a report by the local NBC affiliate, the accident occurred on January 4, 2014, around eight in the morning.

Two of the pedestrians were pronounced dead at the scene. Another pedestrian was taken to the hospital with critical injuries, and the final pedestrian was taken in with serious injuries. All pedestrians involved were over 60 years old. The driver of the truck that hit them was admitted to the hospital in critical condition. At the time of the article, Florida State Troopers were unsure precisely how the accident occurred, and it was still under investigation. However, given the facts, it might be a possibility that the pick-up truck driver was intoxicated at the time of the accident.

Driving Under the Influence Laws in Florida

In Florida, as in every state in the nation, it is illegal to drive while under the influence of drugs or alcohol. Indeed, drunk or impaired driving is one of the leading causes of fatal traffic accidents across the Unites States. Here in Florida, the legal limit for driving is a breath- or blood-alcohol content (BAC) of .08. Drivers who operate their vehicle with a BAC of .08 or greater are breaking the law and can be held criminally liable for their actions. Continue reading ›

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Last year in November, two best friends were killed when a young woman drove down a one-way street the wrong direction, colliding with the friends’ car head on. Shortly after the accident, it surfaced that the driver of the car traveling the wrong way had allegedly tweeted “2 drunk 2 care” just a few hours beforehand.

This prompted a deeper investigation into the driver’s character. Upon looking into her online presence on social media sites, the result was shocking. The young woman admitted to being a “pot head princess” repeatedly on various social media sites. Time and time again, she brazenly displayed her party lifestyle to all who would listen.

According to a recent article by the New York Daily News, the toxicology reports came back indicating that the young woman was indeed intoxicated. As a minor, she was permitted to have a blood-alcohol content of no more than .02. However, her results came back showing a blood-alcohol content of .15. In addition, she tested positive for marijuana use. While police have not yet charged the young woman with a crime, the accident is still under investigation. Continue reading ›

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