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You were hired at a personal injury firm in Florida that exclusively represents plaintiffs. It is your first week, and your new boss has a

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You were hired at a personal injury firm in Florida that exclusively represents plaintiffs. It is your first week, and your new boss has a few legal research questions to help familiarize you with Florida tort law. The firm has weekly meetings to evaluate the strengths and weaknesses of cases, and you have been invited to join the next meeting. The boss wants your thoughts on a few potential new cases and several existing cases. 1. Legal Research on Florida Tort Law a. Negligence. What are the four elements of negligence? (.5 points) i ii. jii. iv. b. Defenses to Negligence. As of 2023, Florida is a \"modified comparative negligence state. What does this mean? (.5 points) c. Motor Vehicle Crashes. Review Fla. Stat. 627.737. In Florida, what is required for a plaintiff to be able to make a claim for pain and suffering in a motor vehicle crash case? (.5 points) d. Statute of Limitations. A statute of limitations is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense. If the statute of limitations has passed, a lawsuit cannot be successfully initiated, though some narrow exceptions where the deadline can be \"tolled\" (postponed) may apply. Fla. Stat. 95.11 is Florida's statute of limitations. In 2023, this statute was amended by House Bill 837. Take a look at this link for the statute of limitations for negligence: https://www.flsenate.gov/Session/Bill/2023/837/BillText/er/PDF i. In general, how many years does a plaintiff have to commence each of the following types of lawsuits in Florida? Complete the table and include the specific citations. (.5 points) Action based on: Number of Years Negligence Citation A written contract Intentional tort Medical malpractice Wrongful death ii. Why do you think we have statutes of limitation? (.5 points) e. Wrongful Death Statute. Fla. Stat. 768.21 is Florida's wrongful death statute. Only certain survivors/relatives are able to recover wrongful death damages. List each type of survivor/relative that can recover damages under this statute: (.5 points) ii. iii. iv. 2. Automobile-Pedestrian Crash - Potential New Case Potential Client's Name: Phillip Frye Date of Incident: January 1, 2018 Pertinent Facts: Phillip Frye was a pedestrian at an intersection. He saw the walk sign light up for him and stepped from the sidewalk onto the street. Lela Turing was driving a delivery van. She was distracted, ran a red light, and crashed into Phillip going 30 miles per hour. Phillip broke his arm as a result of the crash. Lela Turing is a delivery driver for Florida Express. Phillip and Lela are longtime friends. According to Phillip, Lela has poor depth perception, which makes it difficult for her to judge how far away objects (or people) are. Phillip also knows that Lela likes to bring her dog, Gnibbler, on deliveries, because the long hours driving can get boring. Phillip didn't want to get Lela in trouble with her boss. Lela recently quit her job, so Phillip wants to go after Florida Express and Lela's insurance to recover damages. Phillip called our office on May 30, 2023, and we need to decide whether the firm should take the case or not. a. Should we take this case? Why or why not? (1 point)3. Automobile Crash Current Client Client Name: Mario Shelldon Date of Incident: April 15, 2023 Pertinent Facts: Mario was driving east on NW 39% Avenue in Gainesville, Florida. Mario was driving his compact car and came to a stop at a traffic light. Peach Yoshi was on her cell phone and crashed the front of her Hummer into the rear of Mario's vehicle. The crash resulted in significant property damage which was handled by msurance. Mario sustained significant injuries and required surgery. Mario has been getting treatment for the last year. Our firm hired an expert doctor to examine Mario. The doctor reported that Mario has reached maximum medical improvement and has a permanent injury based on a degree of reasonable medical certainty. Additionally, Mario has scars due to the surgery. Mario 1s a plumber and has not been able to earn as much since the crash due to his mjuries. Insurance: Mario's Insurance: PIP $10,000 UM $10,000 Peach's Insurance: BI $1,000,000 Medical Bills: Provider: Bill Amount PIP Med Pay Health Ins. Adjustments Balance Ambulance $500.00 $400.00 $0.00 $0.00 $100.00 $0.00 Hospital $10,000.00 58,000.00 $0.00 $0.00 $2,000.00 $0.00 Hospital Physicians $2,000.00 $1,600.00 $0.00 $0.00 $0.00 $400.00 Hospital Radiology $100.00 $0.00 $0.00 $0.00 $0.00 $100.00 Physical Therapy $10,000.00 $0.00 50.00 50.00 $0.00 $10,000.00 Imaging $2,200.00 5$0.00 50.00 50.00 $0.00 $2,800.00 Orthopedist (surgery) $15,000.00 50.00 50.00 50.00 50.00 $15,000.00 Anesthesiology $1,700.00 $0.00 $0.00 $0.00 $0.00 $1,700.00 Total $42,100.00 $10,000.00 $0.00 $0.00 $2,100.00 $30,000.00 Does Mario have a cause of action for negligence? List each element of negligence and explain whether Mario does or does not fulfill that element. (1 point) 1 1. iii. iv. Florida is a \"no-fault state.\" This means, no matter who is at fault for a motor vehicle crash, the parties first turn to their own insurance policies (personal injury protection or PIP) to make claims. PIP typically (and if certain conditions are met) covers 80% of medical bills and 60% of lost wages up to a $10,000 limit. If the $10,000 limit is met, we say PIP is exhausted. Review the insurance information and medical bills table above and answer the following: (1 point) i. What do Mario's medical bills total? ii. How much did PIP pay? Is PIP exhausted? iii. How much does Mario still owe for medical bills? iv. What is the total BI and UM available in this case? Can Mario make a claim for pain and suffering? Why or why not? (Hint- check your research above) (.5 points) What evidence should we collect for this case? (1 point) 4. Zoo Case Client's Name: Dakota Baskets Date of Incident: January 1, 2023 Pertinent Facts: Ieopard Prince runs a big cat zoo located in Florida. Dakota Baskets and her late husband were zoo patrons. Based on interviews with the client (Dakota), it seems that Dakota and her husband were taunting the tiger. Zoo staff did not notice or intervene. The tiger became agitated and started pacing. The tiger then jumped at the cage wall, which gave way. Dakota's husband was struck by the cage wall and sustained serious injuries before Leopard Prince's staff could intervene. Dalcota's husband passed away as a result of the injuries. a. Can Dakota assert a wrongful death claim for the death of her husband? Be sure to explain whether the four elements of negligence are satisfied and whether Dakota is a \"survivor\" under the wrongful death statute. (1 point) b. Explain whether Leopard Prince can reasonably utilize each of the following defenses: (2 points) i. Comparative Negligence. ii. Contributory Negligence. iii. Assumption of Risk. iv. Act of God

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