Legal Topics

EVIDENCE THAT DEFENDANT WAS A REGULAR USER OF MARIJUANA DID NOT PROVIDE A REASONABLE BASIS FOR PUNITIVE DAMAGES WHERE THERE WAS NO EVIDENCE THAT DEFENDANT HAD USED MARIJUANA ON THE MORNING OF THE ACCIDENT, OR THAT HE WAS IMPAIRED AT THE TIME OF THE ACCIDENT — THERE IS NO REQUIREMENT THAT A TRIAL COURT MAKE AFFIRMATIVE FINDINGS WHEN PERMITTING A PLAINTIFF TO PLEAD PUNITIVE DAMAGES
Jun 10th, 2025 in by admin

Amazulu Transport Inc. v. Dinkins, 50 Fla. L. Weekly D630 (Fla. 6th DCA Mar. 14, 2025): The defendant appealed the trial court’s ruling allowing the plaintiff to amend to add a claim for punitive damages. The case arose out of a…


[ Click To Read The Rest ]

COURT REVERSES TRIAL COURT’S DECISION TO GIVE ADVERSE JURY INSTRUCTION BASED ON SPOLIATION ISSUE RAISED AT THE ELEVENTH HOUR – TRIAL COURT ABUSED ITS DISCRETION BY DENYING THE DEFENDANT THE OPPORTUNITY TO PRESENT EVIDENCE TO REBUT THE ADVERSE INFERENCE 
Jun 05th, 2025 in by admin

Walmart Stores East v. Pineda, 50 Fla. L. Weekly D611 (Fla. 3d DCA Mar. 12, 2025): The plaintiff fell at Walmart and sued for negligence. After the plaintiff concluded her case-in-chief at trial, her counsel alleged for the first time that…


[ Click To Read The Rest ]