From June 14, 2013 edition of Florida Law Weekly

Sterling Financial and Management, Inc. v. Meriusz Gitenis (4th DCA): Property manager not liable for injuries to an independent contractor working on the property. In Florida, the general legal proposition is that a property owner is not liable for injuries to an independent contractor working on the property because the independent contractor is aware of the hazards on the property associated with his work. This case extends the protections afforded to owners to property managers working on behalf of the owner.

Allstate Insurance Company v. Marotta (4th DCA): New trial ordered based on improper argument by Plaintiff’s counsel that Defendant Insurance Company denied accepting responsibility and improper examination of Defendant’s expert by Plaintiff’s counsel. At trial, defense counsel objected to Plaintiff’s counsel’s argument that Allstate denied the claim despite the undisputed medical evidence in the case. Plaintiff’s counsel, again over objection, also argued that Allstate’s experts were “paid opinion Courtroom doctors”. The 4th DCA held that these arguments, taken cumulatively, warranted a new trial.

Lenore Carvajal and State Farm v. Pentland (2d DCA): Trial Court erred in failing to grant a motion for new trial when the Plaintiff testified regarding the carrier’s failure to take responsibility for the claim. Before trial, the insurer filed a motion seeking to preclude all evidence or argument pertaining to any failure of the insurance company to comply with its insurance policy obligations because the claim at trial was for negligence stemming from an auto accident, and not a claim for breach of contract. The Trial Court agreed, and in violation of the motion, the Plaintiff testified that the insurance company failed to pay her bills or take responsibility for providing coverage. The comments were immediately objected to, and the Trial Court told the jury to disregard the comment. Then, during closing argument, Plaintiff’s counsel referred to the testimony. The Trial Court denied all motions for mistrial based on the comments by the Plaintiff and her attorney. The Second District Court of Appeal disagreed and ordered a new trial, holding that the statements and arguments shifted the case from one for auto negligence to one for bad faith and improper claims handling, neither of which were issues as trial.