La Cava and Jacobson Sponsors The Philanthropic Women of St Joseph’s

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Philanthropic Women of St Joseph’sLa Cava and Jacobson was pleased to sponsor a table for friends, clients and lawyers at the Philanthropic Women of St Joseph’s luncheon which featured guest speaker Julianna Margulies star of The Good Wife. Julianna told many stories from her life including those from her role in ER where she co-starred with George Clooney. April La Cava participates as a leader with the Philanthropic Women organization. Philanthropic Women of St. Joseph’s is a leadership network of community-minded women who want to change and save lives in the Tampa Bay community by investing in collaboration with other women leaders. Gifts from the Philanthropic Women support women, children and families at St. Joseph’s Hospitals. La Cava and Jacobson is pleased to sponsor events for this very important charitable organization which continues to provide financial and volunteer support to The St Joseph’s Hospitals Foundation.

La Cava & Jacobson, P.A.

La Cava and Jacobson Helped Sponsor Eric Piburn’s Birthday Party

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La Cava and Jacobson was proud to be a food and beverage sponsor for Eric Piburn’s birthday party. Eric is a brave and inspirational young man who has been fighting severe health issues his whole life. He dedicates much of his time to putting together events in order to help others in need. His birthday party was held to support Eric’s medical fund. Eric is hoping that he will one day get on Ellen DeGeneres’ television show to tell his story. That would be a treat for him but even more of a treat for the viewers of Ellen’s show. We certainly hope that will happen.

La Cava & Jacobson, P.A.

Florida Law Weekly – February 8, 2019

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Business Telecommunications Services, Inc. v. Madrigal, 3rd DCA
In this case, the Court denied the defendant certiorari relief from the Trial Court’s Order requiring the production of a surveillance video prior to the plaintiff’s deposition in a personal injury case.  In doing so, the Court noted the difference between surveillance conducted after the incident (to be used for impeachment purposes) and video taken at or near the time of the incident.

Cat Cay Yacht Club, Inc., v. Diaz, 3rd DCA
The Third District granted certiorari relief and quashed an Order granting the plaintiff’s motion for leave to file an amended complaint and assert punitive damages.  In doing so, the Court held that the Trial Court was required to make specific findings setting forth what evidence it considered sufficient to provide a reasonable basis for granting the amendment.  In doing so, the Court expressed that a Trial Court was required to “do more than just accept the allegations as true.”  Additionally, the Court noted that the Trial Court did not consider the fact that the issues raised may have been legally insufficient to permit punitive damages.

La Cava & Jacobson, P.A.

Florida Law Weekly – February 1, 2019

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Davis v. Karr, 5th DCA

In this case, the Court addressed the issue of whether, under Florida’s Medical Malpractice Act, a presuit affidavit submitted by a plaintiff from a health care provider who does not specialize in the same field as the defendant nevertheless meets the statutory presuit investigatory requirements for filing a medical negligence suit.  In the case reviewed, the defendant was an orthopaedic surgeon.  The presuit expert affidavits provided by the plaintiff were executed by an emergency room physician, a radiologist and a nurse.  Defendant sought dismissal asserting that the three affidavits were insufficient to meet the statutory presuit requirements of Section 766.102(5)(a)1., Florida Statutes (2013), because none of the affidavits was from an expert witness specializing in his field of orthopaedic surgery.  The 5th DCA affirmed the dismissal, holding that the plain language of the statue required the presuit affidavit to be executed by a physician within the same specialty as the defendant.

Henry v. State, 4th DCA

In this case, the Court affirmed the Trial Court’s ruling that a photograph of a contact information screen on a cell phone was not inadmissible hearsay.  The Court explained that if the photograph was used to prove the defendant’s telephone number, it would be considered inadmissible hearsay.  However, the contact information screen addressed at trial was similar to an entry in an address book, which Courts have generally held to be non-hearsay when used for the limited purpose of proving association between the maker of the address book and another.

Middleton v. Don Asher & Assoc, 5th DCA

In this premises liability case, the 5th DCA reversed the Trial Court’s order granting summary judgment.  Plaintiff owned property where the incident occurred and had resided there for fifteen years. While walking on the defendant’s premises, plaintiff tripped on an uneven sidewalk and was injured. The opinion notes that the plaintiff had previously walked the property on several occasions and frequently passed the area where she fell. She then brought a negligence action against Appellees.  The Trial Court granted the motion for summary judgment, which argued that the condition of the sidewalk was open and obvious.   In response, plaintiff argued that even if the condition was open and obvious, an issue of fact remained as to whether the defendant should have anticipated that condominium residents would use the sidewalk and encounter the cracked and uneven concrete, requiring it to be inspected and repaired.   While the 5th DCA agreed that an uneven sidewalk was an open and obvious condition as a matter of law, because the issue of the defendant’s duty to maintain and repair existed, summary judgment was not appropriate.