Damian M. Fletcher Archives

New Rule on Florida Post-Offer Prejudgment Interest

Guest Editor: Grace Shuman

October 29, 2021 9:00am

Florida Rule 769.78 generally dictates rules on offers and demands as they pertain to judgments.^[i] However, this area of law is not well-settled. In a recent case, Florida’s courts dove into the impact of post-offer prejudgment interest on the “judgment obtained.”^[ii] The ruling in CCM Condominium Association, Inc. v. Petri Positive Pest Control, Inc. expands the complicated web of rules stemming from Rule 768.79.

Florida Case Law Update

Author: Damian M. Fletcher

September 5, 2018 9:00am

Failure to File a Privilege Log did not Waive the Work Product or Attorney-client Privilege Where the Assertion of Privilege was “Category Specific” and the Category Plainly Protected by the Privilege.

Florida Case Law Update

Author: Damian M. Fletcher

Guest Editor: Jeremy Freedman

March 5, 2018 1:57pm

OSWALD WOUDHUIZEN AND POWER DESIGN, INC. AND DISCOVER PROPERTY AND CASUALTY INSURANCE COMPANY, Appellants, v. MARY L. SMITH, Appellee

Florida’s Collateral Source rule, Sec. 768.76, does not require a party to present evidence that the period covered by disability payments is the same as the period covered by the jury’s award of past lost wages.

A Seminole County plaintiff filed suit for injuries sustained in a motor vehicle accident where she was rear-ended. The plaintiff claimed neck, shoulder, low back and knee pain, as well as depression resulting from her injuries. In addition to her medical bills, the plaintiff claimed lost wages and loss of future earning capacity. Defendants stipulated to liability but contested causation and damages. A jury returned a verdict as follows: Past medical expenses $50,000; Future medical expenses $25,000; Past lost earnings $50,000; Future lost earnings $0.

When May a Defendant Obtain Certiorari Review of Discovery Order?

Author: Damian M. Fletcher

November 5, 2017 10:42am

In this wrongful death case brought against two pharmacies, the plaintiff alleged a woman died of multiple drug toxicity due to the alleged negligence of the pharmacies in dispensing prescription medication. The allegation was that Walgreens had filled approximately 275 different prescriptions issued by 18 different physicians, and that CVS filled approximately 95 different prescriptions issued by 10 different physicians. Many of the prescriptions were narcotics.