A fight between auto-insurer State Farm and hospital UF Health Jacksonville could affect the wallets of patients around Florida. Are hospitals being truthful about their billing after car accidents? Insurance giant State Farm wants to know if they're paying too much to healthcare providers. The case went in front of the Florida Supreme Court last week. State Farm has sought copies of contracts between Shands Jacksonville Medical Center and health insurers, arguing that the contracts could help show whether State Farm is paying reasonable amounts when the hospital treats people injured in auto accidents. But the hospital, now known as UF Health Jacksonville, fought the request and won last year at the 1st District Court of Appeal.
Failure To Yield: Steps To Making A Good Turn
According to Channel 7, WJHG out of Panama City, there was an accident on Saturday, May 7th, that sent multiple people to the hospital after two vehicles collided on U.S. Business Highway 98 near Cherry Street in Springfield.
Florida Supreme Court Decision Pertaining To Red Light Cameras
City of Fort Lauderdale v. Dhar, __ So. 3d __, 2016 WL 743287 (Fla. 2016)
Drunk drivers cause deadly accidents
We've written before about the many hazards that drunk drivers post on our state's roads, and as summer approaches, the number of drivers under the influence steadily increases, hitting a peak between July 4 and Labor Day. Consider this: according to the U.S. Centers for Disease Control and Prevention (CDC), the 1.1 million people arrested for DUI/DWI each year only represent about one percent of the self-reported 121 million incidents of "alcohol-impaired driving" annually. The CDC also reports that drunk drivers caused nearly 10,000 deaths in 2014 alone, which accounts for about one-third of all car crash fatalities.
Crash-Prevention Systems And Rear-End Collisions
WEAR, Channel 3 reports that a Pensacola man is in critical condition after a rear-end crash in Escambia County. Friday evening at approximately 10:53 p.m., emergency crews responded to Beverly Parkway and Hansen Boulevard. According to the news agency, a 21-year-old male crashed his GMC Sierra in the back of 32-year-old male's Toyota Avalon as the Avalon was slowing down due to slowing traffic ahead. The impact pushed the Avalon's vehicle forward about 120 feet, causing it to stop on the east bound inside lane of Beverly Parkway. The driver of the Avalon was not hurt, according to the FHP. The FHP reports the GMC Sierra changed directions, left the roadway, sideswiped a utility pole and collided with a street sign and post. The driver of the Sierra was taken to Sacred Heart Hospital in critical condition. At this time authorities are trying to figure out of this wreck was alcohol related. The FHP says charges in this crash are pending.
Florida's Dram Shop Act: Should Clubs or Bars Be Liable For Injuries Their Intoxicated Patrons Cause?
Should a bar or club be held liable for the injuries or deaths caused by their intoxicated patrons? Florida's law on liability of a bar is unique. Florida Statutes Section 768.125 states that if a person "willfully and unlawfully" provides alcohol to a minor under age 21 or "knowingly" provides alcohol to a person "habitually addicted" to alcohol, that person may be held liable for any injuries caused by the minor or the "habitually addicted" person. This statute is called Florida's Dram Shop Act. Unlike many states, Florida's Dram Shop Act does not mention serving alcohol to someone who appears or is actually intoxicated. Recently, in Stephanie De La Torre, et al. v. Flanigan's Enterprises, Inc., occupants of a vehicle were injured in an accident. The occupants brought a negligence action against a restaurant that served alcohol to the driver of the other vehicle that caused the accident. At the trial level, the Circuit Court, Seventeenth Judicial Circuit, Broward County, John B. Bowman, J., dismissed the case. The occupants appealed the trial court's decision. The parties in this action agreed that the Dram Shop Act limited the bar owner's liability. However, the injured claimants attempted to argue that the bar undertook a responsibility to prevent the driver from driving under the influence.
Trucking safety regulations and personal injury litigation
An accident that occurred earlier this month on the other side of the state is a reminder of the damage large commercial vehicles can cause when involved in a crash.
Careless Driving In Florida
Various news outlets report that an elderly woman is in critical condition after a logging truck hit the ambulance she was a patient in. The accident occurred last week on U.S. Highway 98 near Gulf Arie Dr. in Gulf County. According to the Florida Highway Patrol, the truck was driving east on Hwy 98 while the ambulance was headed west, when the logtruck lost control of the vehicle causing it to jackknife and smash into the ambulance. The ambulance had EMS personnel and one patient on board. The patient was taken to Gulf Coast Emergency Medical Center in critical condition.
Chipotle In Lawsuit Over Misrepresentation
A lawsuit accusing Chipotle of "purposefully misrepresenting" that its food does not contain organisms that have been genetically modified can go forward and will not be dismissed, according to a ruling by a U.S. District Judge. The case, filed in U.S. District Court in the Southern District of Florida in September and seeking class action status, claims that Chipotle misled consumers in ads saying its food is GMO free. Chipotle's meat and dairy products come from animals that consume genetically modified feed, the suit claims. Recently, a Miami judge rejected Chipotle's motion to dismiss the lawsuit. A trial date is set for November.
