Nov
8
Court overturns Ford Explorer verdict
Filed Under Torts, Product Liability, Miami-Dade | Leave a Comment
Ford Motor Co. scored a victory Wednesday when the 3rd District Court of Appeal threw out a $60 million jury verdict, citing an error by Miami-Dade Circuit Judge Roberto Pineiro, according to a story on Law.com.
Pineiro should not have allowed testimony alluding to previous rollover accidents during the trial over a fatal crash involving a Ford Explorer, the story said. Lance Crossman Hall, 17, was killed during a 1997 accident when he was thrown out of his vehicle after it rolled over four times.
The appeals panel set aside the jury’s verdict and remanded the case for a new trial.
Pineiro “never inquired into the general characteristics of the other accidents,” [Judge Angel A. Cortiñas]wrote. “Here, throughout the trial, numerous references were made to other cases without laying a foundation for substantial similarity.”
Plantation attorney Richard M. Mogerman, who represents Hall’s father, told Law.com: “Everybody always likes the opportunity to do something a little better the second time around, but this is a little disappointing.”
More on the case, including a link to the DCA opinion, at South Florida Lawyers.
Oct
29
Smokers vs. Big Tobacco: Round II
Filed Under Torts, Product Liability | Leave a Comment
Thousands of Floridians are getting ready to take Big Tobacco back to court, according to a story in The Palm Beach Post.
While the Florida Supreme Court last year threw out a $145 billion jury verdict, it also opened the door for plaintiffs on several issues, writes Post reporter Jane Musgrave. One of the most important things to come out of the ruling was the high court’s decision that plaintiffs don’t have to prove again that smoking causes a long list of health problems.
Barry Mittleberg, a Coral Springs attorney who is representing 7 smokers, told The Post: “It opens a large crack in all of their defenses.”
More on Big Tobacco at The West Palm Beach Injury Lawyer blog, where John Hopkins a paralegal with Searcy Denney et al, says Big Tobacco is in for the fight of its life in Florida.
Oct
25
Two Palm Beach County residents are among dozens across the country who are suing ConAngra foods after they got sick from pot pies made by the company.
West Palm Beach attorney Brian Smith told WPTV Newschannel 5 that he has more than 50 clients in seven states who are suing the company, which makes Banquet pot pies.
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