Erin Dardis

Erin Dardis

Sedgwick LLP

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Florida High Court Overturns Summary Judgment for Defendant School Board, Deciding it Owed Common Law Duty to Student Athlete

On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. 3d 901 (Fla. 2d DCA 2013), and held that the school district owed a...more

5/6/2015 - Negligent Supervision School Districts Student Athletes Students

Florida Supreme Court Overturns Directed Verdict for Defendant in Negligent Security Case

On February 12, 2015, the Florida Supreme Court quashed the Fourth District Court of Appeal’s decision in Sanders v. ERP Operating Limited Partnership, 96 So.3d 929 (Fla. 4th DCA 2012) and held that evidence of lapses in...more

4/3/2015 - FL Supreme Court Limited Partnerships Murder Property Owners Security

Florida High Court Rules that Exculpatory Clauses Need Not Reference Negligence to Bar Negligence Claims

On February 12, 2015, the Florida Supreme Court affirmed the Fifth District Court of Appeal’s decision in Sanislo v. Give Kids the World, Inc., 98 So. 3d 759 (Fla. 5th DCA 2012) and held that an exculpatory clause was...more

3/20/2015 - Exculpatory Clauses FL Supreme Court Indemnification Indemnity Agreements Negligence

Florida Appellate Court Blocks Discovery of Communications Between Insured and Insurer-Retained Defense Counsel in Third-Party Bad...

On September 5, 2014, the Fifth District Court of Appeal issued its en banc decision in Boozer v. Stalley, 146 So. 3d 139 (Fla. 5th DCA 2014), holding that in a third-party bad faith action, the attorney-client privilege...more

2/2/2015 - Attorney-Client Privilege Bad Faith Corporate Counsel Discovery Insurers

Florida High Court to Decide Duties Owed by Public School Regarding Automated External Defibrillator

On October 6, 2014, the Florida Supreme Court heard oral argument in a case involving whether a public school owes a duty to maintain, make available, and use an automated external defibrillator (AED) on a student athlete who...more

11/7/2014 - Athletes Healthcare Medical Devices Public Schools Students

Florida Supreme Court Strikes Down Red Light Ordinances as Preempted by State Law

On June 12, 2014, the Florida Supreme Court decided two cases that involved whether municipal ordinances imposing penalties for red light violations detected by devices using cameras were invalid because they were preempted...more

7/8/2014 - Traffic Laws

Florida High Court Declares that Person Who Facilitates Attack on Third-Party Owes Duty of Care to Third-Party

On March 27, 2014, the Florida Supreme Court reversed the Third District Court of Appeal’s decision in Reider v. Dorsey, 98 So. 3d 1223 (Fla. 3d DCA 2012), and ruled that a person in an altercation with another person owes...more

4/29/2014 - Bodily Injury Duty of Care

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir....more

4/11/2014 - Damage Caps Equal Protection Medical Malpractice Non-Economic Damages Wrongful Death

Florida Supreme Court Clarifies the Scope of Discovery of Records of Adverse Medical Incidents and Reaffirms Buster

On January 30, 2014, the Florida Supreme Court concluded its review of Cedars Healthcare Group, Ltd. v. Ampuero-Martinez, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), by quashing the Third District’s...more

2/10/2014 - Discovery Document Productions Document Requests

Florida Appellate Court Construes Term "Legal Relationship" in Med-Mal Presuit Screening Rule

On January 3, 2014, Florida’s Second District Court of Appeal held, in a case of first impression, that a medical malpractice plaintiff’s direct notice to a medical provider of its intent to sue would also operate as notice...more

1/29/2014 - Hospitals Independent Contractors Medical Malpractice Physicians

Florida High Court To Examine Exculpatory Clauses That Do Not Specifically Reference Negligence

On November 5, 2013, the Florida Supreme Court heard oral argument in a case examining whether a release clearly and unambiguously releases the defendant from liability for a plaintiff’s physical injuries when the release...more

11/27/2013 - Contract Drafting Exculpatory Clauses Negligence Release Agreements

Florida High Court to Examine Proximate Cause in Negligent Security Case

On August 2, 2013, the Florida Supreme Court accepted review of a case to examine the issue of proximate cause in a negligent security case. See Sanders v. ERP Operating Ltd. Partnership, 96 So. 3d 929 (Fla. 4th DCA 2012)...more

10/29/2013 - Negligence Proximate Cause Security

Florida High Court to Examine Burden-Shifting in Medical Malpractice Cases

On June 3, 2013, the Florida Supreme Court accepted review of a medical malpractice case to address the issue of whether it is impermissible burden shifting for a defendant-doctor to argue that the plaintiff failed to present...more

10/1/2013 - Burden-Shifting Causation Expert Testimony Medical Liability Medical Malpractice

Florida Supreme Court Poised Again to Clarify the Scope of the Discovery of Records of Adverse Medical Incidents

The Florida Supreme Court has accepted review of the Third District’s decision in Ampuero-Martinez v. Cedars Healthcare Group, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), which will decide when the...more

10/1/2013 - Discovery Document Productions Side Effects

Florida Appeals Court Holds “Your Product” Exclusion Bars Does Not Apply to Altered Products Not Transformed Into “New Products”

On September 4, 2013, a Florida appellate court reversed, in part, a final summary judgment ruling that Liberty Mutual has to pay its insured, MI Windows and Doors, Inc. for the $3.4 million that MI paid to settle several...more

9/26/2013 - Condominium Associations Condominiums Design Defects Exclusions Manufacturing Defects

Florida High Court to Tackle Duty Owed By Person Who Facilitates Attack on Third-Party

On April 23, 2013, the Florida Supreme Court accepted review of a case involving the issue of whether a person in an altercation with another person owes that other person a duty of care when he blocks his means of escape,...more

9/5/2013 - Assault Duty of Care Foreseeability Third-Party

Florida High Court to Clarify Content of Pre-Suit Expert Affidavits in Medical Malpractice Cases

Florida has established a statutory framework for the pre-suit investigation of medical malpractice cases. See §766.201-.212, Fla. Stat. Part of that framework requires that a claimant, prior to noticing its intent to...more

8/7/2013 - Affidavits Expert Testimony Expert Witness Medical Malpractice

Florida High Court to Clarify Apportionment of Joint Proposals for Settlement

On May 3, 2013, the Florida Supreme Court accepted for review two cases involving the apportionment of joint proposals for settlement: Arnold v. Audiffred,98 So. 3d 746 (Fla. 1st DCA 2012) (Fla. Sup. Ct. Case No.: SC12-2377)...more

7/19/2013 - Apportionment Healthcare Medical Expenses Medical Malpractice Negligence Proposal for Settlement

Florida Appellate Court Clarifies Knowledge Base for Corporate Representative Deponents

On March 20, 2013, Florida’s Fourth District Court of Appeal issued an opinion clarifying the procedure for designating, and producing, a corporate representative for deposition pursuant to Florida Rule of Civil Procedure...more

6/26/2013 - Condominium Associations Depositions Evidence Witness Witness Statements

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