Category Archives: Legal Opinion

Legal opinions

Florida Supreme Court Approves Statutory Cap in Plancher v UCFAA

Six years after the tragic passing of University of Central Florida (UCF) football player, Ereck Plancher, the Florida Supreme Court has issued a ruling that dramatically affects the jury verdict amount the Plancher family was awarded in the summer of 2011. The Florida Supreme Court has ruled that the UCF Athletic Association, Inc. (“UCFAA”), a private entity, is entitled to sovereign immunity protection under Florida Statute § 768.28. In 2011, a jury in Orange County, Florida, compensated the Plancher family $10 million in damages for the death of their son, Ereck. UCFAA appealed an earlier ruling by the trial court claiming they should be considered an “instrumentality of the state for sovereign immunity purposes” and with that the statutory cap on damages should apply.  The Fifth District Court of Appeals agreed with UCFAA and held they were entitled to sovereign immunity and the verdict should be reduced accordingly. The Plancher…
Read More »

Posted in Legal Opinion, Legal Procedures, Settlement | Tagged , , | Leave a comment

Attorney Primrose Published in Barry Law Review

Our own Attorney, Nicholas Primrose, was one of the authors in the Spring 2014 Barry Law Review which was recently released in hard copy.  His article, titled “Has Society Become Tolerant of Further Infringement on First Amendment Rights?” is both informative and thought provoking.  You can read the article through either of the links above, or find a physical copy of the Barry Law Review where available.

Posted in Firm News, Legal Opinion, Nicholas A. Primrose, Staff | Tagged , , | Leave a comment

Case Law Update: Unemployment Compensation Benefits Do Not Get Set-Off

On November 26, 2014, the Fourth District Court of Appeal issued an opinion explaining that unemployment compensation benefits do not fall under the collateral source rule and are not to be set-off from a jury verdict. The case was Hurtado v. Desouza, (Fla. 4th DCA Nov. 26, 2014).  Judge May delivered the opinion. The facts of the case are not that different from many auto-accidents. The Plaintiff was rear-ended while stopped at a traffic light and sustained injuries. Prior to trial, the Defendant admitted liability for the accident and the case was tried on the issues of causation and damages. The jury was presented evidence that the Plaintiff was employed as a commercial pilot but, at the time of the accident, was receiving unemployment compensation because he had been laid off. After hearing all of the testimony and evidence, the jury returned a verdict in favor of the Plaintiff, in the amount…
Read More »

Posted in Case Law, Legal Opinion, Settlement | Tagged | Leave a comment