Today’s Quote
The dogmas of the quiet past are inadequate to the stormy present … fellow citizens, we cannot escape history. Abraham Lincoln (1862), on the imperative of winning the Civil War
Today’s Quote
Knowledge is in every Country the surest basis of public happiness. George Washington (1790), urging the pursuit of science in his first address on the State of the Union.
Today’s Word
Rumbustious Part of speech: adjective Origin: British English, late 18th century Boisterous or unruly.
Day of the Dead – One Trial Lawyer’s Thoughts
This Holiday means a lot to me. I spend a lot of time thinking about all of the wrongful death clients I have had the privilege to represent. I think of the dead and the families left behind. I think of the countless hours spent meeting with the families in the immediate aftermath and years […]
The Impact Rule
In many states, including Florida, a physical impact is required for a plaintiff to recover mental and emotional damages for most torts. There are exceptions for the most egregious misconduct – when some people without any physical impact can recover mental and emotional damages. I have litigated that question successfully on appeal. You can read […]
Today’s Word
Exhortation An address or communication emphatically urging someone to do something.
11th Circ. Affirms $12M Award Over Deadly Fla. Keys Crash
In Florida, there is a presumption that the driver of a vehicle that rear-ends another is at fault. That presumption may be overcome by evidence of a sudden stop, sudden entry into traffic or cutting off traffic. Given that, you might rightly wonder why the carrier of the sand truck in this recent case in […]
Discovery Disputes
Discovery disputes that linger without resolution can materially affect the outcome of the case. In a Fort Lauderdale wrongful death case against Tesla, a Judge recently struck a human factors expert witness from the plaintiff’s witness list because the opinions were not timely disclosed, The lawyer for the parents off the decedent claimed the late […]
Today’s Word
Declivity A downward slope.
I Was Afraid This Would Happen
An overlooked aspect of personal injury claims is the stress associated with the litigation, including opening up discovery to the other side and awkward encounters with treaters who are somewhere on the spectrum between skeptical or suspicious and hostile. Especially in serious cases, where the victim constantly in the care of medical professionals. As I […]