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Articles Posted in car accident injury

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GEICO Liable to Cover Wrongful Death Damages After Insured Absconded, 3rd DCA Rules

A recent decision by Florida’s Third District Court of Appeals upholds the liability of auto insurance company GEICO in covering damages awarded to plaintiffs who won a $15 million verdict against GEICO’s insured.  The case is a tragic and complicated one, and despite the commonality of Florida auto accident claims,…

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Entila v. Cook – Workers’ Compensation and Claim Against Co-Worker

Typically when someone is injured at work, the exclusive remedy they will have from their employer is workers’ compensation. This is true even if it was the wrongdoing of the company or the co-worker who caused the accident that resulted in serious injury. There are some very narrow exceptions in…

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Holiday Motor Corp. v. Walters – Product Liability in Convertible Rollover

The Virginia Supreme Court reversed a $20 million product liability verdict favoring a woman seriously injured when her Mazda convertible rolled over. Justices ruled trial court abused discretion in allowing plaintiff’s expert witness to testify, and further, defendant manufacturer had no legally recognized duty to design or supply a soft top…

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Collier County Jury Awards $5M in Fatal Marco Island Crash Lawsuit

A Collier County jury recently awarded $5.1 million the family of a 91-year-old woman killed in a Marco Island car accident caused by a man reportedly traveling 77 mph in a 30 mph zone before running a stop sign in November 2013.  The civil judgment comes almost exactly one year after the conclusion of…

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Car Accident Victim Awarded $1.2M From Own Auto Insurance Company

A car accident victim in New Jersey has just been awarded $1.2 million from her own insurance company after fighting for years following a 2013 crash with an uninsured driver. Why would one need to battle their own insurer? It’s especially common in Florida, a no-fault state when it comes to insurance.…

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Kotlyer v. Metro Casualty Insurance Co. – Florida Car Accident Default Judgment Improper

Florida’s 4th District Court of Appeal recently weighed the issue of whether it was proper to grant default judgment against the owner of a vehicle in a car accident lawsuit when there had not yet been a determination on the liability of the alleged negligent driver. The court’s answer: No.…

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Brewer v. State Farm Mutual Auto Ins. Co. – “Excessive” Punitive Damages

Punitive damages can be awarded in Florida personal injury and wrongful death lawsuits in which a defendant acted with gross negligence or intentional misconduct. The definitions of these terms are set forth in F.S. 768.72.  But while punitive damages may substantially increase the amount of a certain damage award, the…

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Limousine Service Sued for Crash Injury

Prom and graduation season is upon us, which means many high school students will be donning tuxedos and gowns and heading out for a final bash.  Parents concerned about the possibility of drunk driving may splurge on a limousine service for their kids, just to be certain teens won’t be…

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Universal Underwriters Ins. Co. v. Winton – Garage Liability Insurance for Auto Dealerships

A night of fun in Oklahoma turned tragic when a 48-year-old driver caused a motor vehicle accident that killed five people – including herself – and severely injured two others. Aside from the driver, those killed were between the ages of 18 and 23. The two injured were 17 and…

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Foster-Naser v. Aurora County – Road Sign Maintenance

Roadway signs are the means by which drivers learn the rules, warnings, guidance and other information necessary to safely navigate their route. Erection and maintenance of roadway signs are the responsibility of whoever owns that street, whether it’s a local township, county, city or state.   There are sometimes contracts between these entities wherein the…

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