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In a surprising move, the Florida Supreme Court, by a majority decision, overruled two lower courts and invalidated an arbitration agreement. On January 23, 2009, Dr. Gary John Bowers performed surgery on Joseph Franks. There were no reported complications, and Mr. Franks was discharged to his home. On January 25, suffering pain, Mr. Franks went to…

The Florida Supreme Court’s recent majority decision in Nunez v. Geico has dealt a blow to Personal Injury Protection (PIP) insurers, although the effect of the ruling has been blunted by changes to Florida’s no-fault PIP legislation. At issue was whether a PIP insurer may require a claimant to submit to an examination under oath (EUO). What is…

Bicycle riding is great — it keeps you fit, it’s environmentally friendly and, perhaps best of all, it can be fun. But it can also be dangerous. Bicycle accidents occur all too frequently. One such example is the recent report of a 29-year-old bicyclist, Tampa resident Michael Duriel Lee, who was killed in a hit-and-run collision at…

If you are injured in a car accident, chances are you will be sent for at least one independent medical examination (IME) by your insurance company. The IME is a medical examination with a physician chosen by your no-fault carrier. Florida is a “no-fault” state, meaning your medical expenses and lost wages are paid by…

More than 100 basketball fans were enjoying dinner overlooking Miami’s North Bay Village while cheering on the Miami Heat against the San Antonio Spurs in the NBA Finals at Shuckers Bar & Grill. The fun Thursday evening took a frightening turn when the sports bar’s deck collapsed, sending the diners into the water of Biscayne Bay….

Last summer, a gasoline trailer filled with 8,700 gallons of gas and diesel fuel flipped and crashed into a guardrail on I-4 near Exit 31 in Lakeland, causing more than 1,100 gallons of fuel to spill onto the highway and sending the driver to Lakeland Regional Medical Center. Florida Highway Patrol reported that the accident…

While the Florida high-speed rail project may have been canceled by Gov. Scott in 2011, commuter train service is still expanding in Florida. SunRail is a new commuter train service expected to start operating in the greater Orlando area by the spring of 2014. Tri-Rail has been operating commuter railway service in South Florida since 1989. As commuter…

An interesting lawsuit was filed in Florida federal court this summer. The State Farm insurance company sued Gary Kompothecras, the founder of 1-800-ASK-GARY, an accident-referral service. State Farm alleges that the service commits no-fault insurance fraud by referring people injured in a car accident to medical clinics owned by Kompothecras himself. State Farm is seeking a judgment…

A vacation resort villa building in Clermont near Disney World was evacuated after a sinkhole caused it to partially collapse. The sinkhole was the latest in a long line of sinkhole incidents this year in Florida. The most tragic one occurred on February 28 when Jeff Bush, a 37-year-old from Seffner, was killed after a large sinkhole opened…

In 2005, Frank Capone sued the tobacco manufacturer Philip Morris USA Inc. for personal injuries, including lung cancer, which he alleged were caused by their products. Sadly, in 2006, during the course of the proceedings, Mr. Capone died. His widow, Karen, in her capacity as his personal representative then tried to convert the action to…