Publications
Amendments to the Florida Evidence Code
By Joey M. Chindamo
Caution: Major Changes in Construction Defect Litigation Ahead!
By Elizabeth B. Ferguson
A pole used to strike a piñata is not an artificial dangerous condition sufficient to warrant the model charge.
The Superior Court rejected the plaintiff’s argument, holding that a metal pole used to strike a piñata is not a dangerous condition on the property.
Case Law Alerts, 2nd Quarter, April 2019
Motion to compel an arbitration clause in a minor’s release cannot be denied without finding of fact.
The Superior Court found that the trial judge failed to make the required finding of fact in support of his denial of the defendant’s motion to compel arbitration. The denial of defendant’s motion was vacated.
Case Law Alerts, 2nd Quarter, April 2019
Tort Claims Act prevents suit for slip on a tarp under an inflatable water slide.
Although there were disputes of fact, non were material to prevent the lower court from granting summary judgment to the defendants.
Case Law Alerts, 2nd Quarter, April 2019
New York’s Second Department changes 100 years of personal jurisdiction case law.
This case involved claims against Ford and Goodyear arising out of an allegedly defective Ford Explorer and Goodyear tire that malfunctioned, causing the death of several of the vehicle’s occupants.
Case Law Alerts, 2nd Quarter, April 2019
An oil platform permanently affixed to the sea floor is not a “vessel”; therefore, plaintiff could not avail himself of Jones Act or general maritime law remedies.
This action involved a slip-and-fall incident that occurred on an oil platform permanently affixed to the sea floor in the Gulf of Mexico. The plaintiff was working as a galley-hand and cook at the time of the incident.
Case Law Alerts, 2nd Quarter, April 2019
Appellate Division affirms trial court’s denial of plaintiff’s motion for a new trial as plaintiff failed to demonstrate that jury interrogatories were “misleading, confusing, or ambiguous.”
The plaintiff visited the emergency department after experiencing several days of abdominal pain.
Case Law Alerts, 2nd Quarter, April 2019
Untimely request for permissive appeal of class certification ruling deemed dead on arrival.
The district court certified a plaintiff class in the case but later reconsidered and decertified the class.
Case Law Alerts, 2nd Quarter, April 2019
Florida case highlights importance for early resolution in construction defect cases.
Heron’s Landing Condominium Association filed a complaint against D.R. Horton, Inc.-Jacksonville, the developer and general contractor of the project. The project consisted of 240 residential units in 20 buildings. The Association alleged D.R.
Case Law Alerts, 2nd Quarter, April 2019