BlogMedical Malpractice in Florida is Almost Always Predictable
by Dale Swope Recently, the Second District made it clear that the trial court is required to give a Stuart v. Hertz instruction when the defense offers evidence that the plaintiff’s doctor provided treatment which worsened, or could worsen, the plaintiff’s state. See Pedro v. Baber, 83 So. 3d 912 (Fla. 2d DCA 2012) and “Tips for Auto Practitioners,” Issue… Read More
The Courts Scrutinize Treating Physicians
by Dale Swope There are several new cases which suggest the continual attacks by insurance companies on treating physicians are beginning to resonate with the courts. It began with the Katzman decision which originally created a category of “hybrid” witnesses who were first-hand observers and were also asked for opinion specifically for litigation. Those hybrids would be required to comply… Read More
Homeowners Insurance Covers Injuries Resulting from Passengers Horseplay
by Dale Swope Homeowner’s insurance covered injuries resulting from the insured front seat passenger’s horseplay of repeatedly trying to grab the steering wheel of a moving car. The driver’s efforts to stop the passenger from grabbing the steering wheel which caused the vehicle to hit a wall and injure rear seat passengers, did not amount to the “use” of a… Read More