Category Archives: Legal Procedures

Legal procedures

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…
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Adventist to Pay $5.4 Million

Adventist Health, the parent company of Florida Hospital has agreed to pay $5.4 million to the United States government to settle claims involving improper procedures in their Radiological Oncology services.  Patients with Medicare and Tricare were treated without proper supervision by a qualified health professional, according to an article in the Orlando Sentinel. This settlement derives from a whistleblower lawsuit filed by Dr. Michael Montejo.  Dr. Montejo is a radiation oncologist was an employee of the Florida Oncology Network.  Due to his vigilance in ensuring proper patient care, he will receive more than $1 million from the settlement funds. While there has been no determination of liability, this settlement does resolve the allegations put forth by the U.S. Government.  Florida Hospital has issued a statement stating that there is no evidence that patients care was affected.

Posted in Legal Procedures, Michael J. Damaso II, Settlement | Tagged , , | Leave a comment

Affirmative Defenses: Pointing the Finger Back at the Plaintiff

Immediately following an accident victims are often faced with the need for medical care, expenses incurred as a result of medical care, wage loss, and injuries that can be long lasting or permanent. Regardless of the accident or incident which caused the injuries, often the Plaintiff is stuck with expenses and required to live with the aftermath daily. The last thing on their minds is “could this be my fault too?”, but that is exactly the question that is posed in personal injury cases where the Defendant raises an affirmative defense. Some Affirmative defenses are issues rooted in law such as statutes of limitation, jurisdiction, venue, failure to state a claim, or lack of standing. These legal issues are best addressed and handled with the aid of an attorney, who is experienced in navigating the procedural aspects of a personal injury case. Legal hurdles like those listed above should be…
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Posted in Auto Accidents, Boat Accidents, Car Accident, Consumer Safety, Dangerous, Defective products, Legal Procedures, Personal Injury, Truck Accident | Tagged , | Leave a comment