February 2012 - Morgan & Morgan Blog Archive

Florida has once again taken a small step towards a texting while driving ban, as Florida's Budget Committee unanimously approved Bill 416, which makes texting while driving a secondary offense. This is the third time a bill including the ban has been proposed to the Senate, and the House bill HB 299 sits idly in committee. According to the Huffington Post, 71% of all Florida voters support a ban on texting while driving. Despite this voter support, Florida is one of 15 states tha
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Survivors of the sunken Costa Concordia cruise ship may have a series of regulatory obstacles to clear before they receive compensation for their injuries and losses, according to a recent Reuters article. According to the report, Carnival Corp, the cruise industry leader whose Italian subsidiary owned the Costa Concordia, is notorious for taking great, if legally questionable, lengths to protect itself from potential big-money lawsuits.  The Costa Concordia, whic
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A Florida Highway Patrol State Trooper has been cleared of wrongdoing after a Taser incident left a 20-year-old woman in a vegetative state, but questions from critics still remain. In the dashboard video released by the FHP, Danielle Maudsley is seen trying to flee in handcuffs when she is shot in the back by a Taser from a few feet away by Trooper Daniel Cole. In the video, Maudsley immediately collapses to the ground, hitting her head on the pavement in the process. According to Read More

Morgan & Morgan attorney Michael Goetz will speak at an Actos and pelvic mesh litigation conference that attracts some of the best attorneys and judges from around the country. Goetz will address members of the organization Mass Torts Made Perfect at the Ritz-Carlton Hotel in Philadelphia. He will present updates on the latest developments in Actos litigation and effective strategies for case selection. The organization says that it has, since being formed, attracted the top lawyers across America and has helped law firms develop successful litigation strategies for confronting wrongdoi
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Florida, Alabama, and Georgia are making a concerted effort to clarify the Move Over Law in each state after a scary reminder of why these laws were enacted. Last week, Florida Highway Patrol motorcycle trooper David Rodriguez was leaving the scene of a traffic stop when he was hit from behind by a vehicle that crossed into the emergency lane from the center lane. According to the Orlando Sentinel, the crash sent Rodriguez into the windshield of the car, shattering h
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The Florida Supreme Court recently ruled 5-2 that a tractor is indeed a “dangerous instrumentality.” This ruling clarifies and expands a law that is unique to Florida. According to the Miami Herald, this law allows an individual to sue the owner of a tractor if they are injured by the vehicle, even if someone else is driving it. In Florida, automobiles, golf carts, and forklifts have also been determined to be dangerous instrumentalities.

Florida’s dangerous instrumentality doctrine holds that the owner of an inherently dangerous vehicle or tool is responsible for
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