The Supreme Court’s Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 has released its first video to help educate the public about the steps courts, clerks, and other stakeholders are taking to promote the health and safety of people visiting courthouses as the justice system returns to more complete operations. The video, a minute-long public service announcement, emphasizes social distancing measures being implemented in courthouses across the state, the extra care being taken to continuously clean and disinfect courthouses, and the need to wear masks when doing business at the courthouses. The video is being distributed to the 20 judicial circuits’ public information officers and clerks offices around the state to be posted on circuit websites and used on social media platforms. The video is a part of a broader communications campaign including social media messaging and graphics. The video also refers those who watch it to a newly created Steps2safeCourt.org webpage with further resources and links to local information […]
About Jeffrey R. Davis
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Entries by Jeffrey R. Davis
Jeffrey R. Davis, P.A. is proud to announce the law firm has successfully resolved a lawsuit involving a falling gate that injured a young child. The five-year-old boy was playing in the yard of the house his parents rented when he slid a heavy metal gate open causing it to fall off its track. The boy tried to run as the gate fell but unfortunately it happened too quicklyand pinned him against the concrete driveway. He sustained a fracture that resulted in a two-week hospital stay. Fortunately, after several months of immobility, the boy was able to make a full and complete recovery. In this case, the age of the child was a significant factor in assessing responsibility for the incident. In Florida, a child under six years of age cannot be held responsible for negligence. This means that no assessment of fault can be made against the child individually; however, his parents can be held responsible for failing to supervise. This law dates back […]
Property/Business Interruption Insurance Litigation in the U.S involving business interruption losses (principally involving whether such losses have arisen in connection with physical loss to property, and whether various exclusions for virus and pandemic apply) is proliferating. Some of the recently-filed cases are noted below. Five cases v. Travelers and CA Governor (CA) – Mark Geragos, his Los Angeles law firm and several other businesses have sued Travelers claiming the insurer is wrongly refusing to cover claims. The five suits accuse Travelers of failing to honor property insurance policies without a virus exclusion, and which should have been triggered when Los Angeles Mayor Eric Garcetti issued an order closing nonessential businesses on March 15. The suits plead that the “currently raging pandemic” has caused real physical loss and damage around the world and that the CA Governor’s “stay-at-home” order has prohibited access to the properties. The plaintiffs do not expressly seek a ruling that the COVID-19 virus existed at any of the subject properties. It is […]
Pandemic outbreaks are uninsured because they are uninsurable,’ contends insurance industry. A once-bustling bar and grill tucked below a Michigan Avenue overpass famously inspired a “Saturday Night Live” skit starring John Belushi and Bill Murray. But the money the Billy Goat Tavern is losing during the coronavirus outbreak is no joke. The tavern and millions of other shuttered businesses nationwide have turned to their insurers to help recoup their losses following state-mandate closures, which combined may exceed $300 billion a month. But insurers have widely rejected the claims, so the Billy Goat joined a growing line of businesses, including barbershops and casinos, suing insurers to force them to pay. “These businesses are in the most trying times in their history and are going to their insurance company to get what they paid for,” said Chris Esbrook, a lawyer for the landmark tavern, which opened in 1934 and, as legend goes, cursed the Chicago Cubs. Insurers say policies for natural or man-made disasters don’t cover virus […]
Florida’s largest advocacy group for long-term care providers is requesting protection from lawsuits for health care professionals amid the coronavirus (COVID-19) outbreak. The Florida Health Care Association (FHCA) sent a letter to Gov. Ron DeSantis requesting “immunity from any liability, civil or criminal” under certain conditions for nursing homes, hospitals, and other facilities. The group is the most recent in a series of health care associations seeking legal immunity during the coronavirus. Florida has reported 962 cases of COVID-19 throughout the state’s 93 long-term care facilities. A recent USA Today Analysis of federal inspection data found that a majority of nursing homes (75%) in the U.S. have been cited for failing to properly monitor and control infections in the past three years. Nursing homes provide the ‘perfect-storm’ environment for COVID-19, putting residents at higher risk of serious illness with facilities that are not properly equipped to prevent disease and the spread of infection. Georgia recently issued an executive order that provides civil immunity for health […]
Businesses fear opening up their storefronts and getting sued from customers who contract COVID-19. For the second meeting of the state’s industries hit the hardest by a Florida economy reeling from COVID-19 lockdowns, talks shifted more to the outdoors, but businesses still want swift and clear action. Dana Young, CEO of VISIT FLORIDA again led the panel, which on Wednesday focused on outdoor recreation, professional sports, theme parks and retail. The prior meeting, the day before, mainly focused on lodging and accommodations. One shared concern raised by business interests is the fear customers could contract COVID-19 at their business and slap them with a lawsuit. St. Petersburg Republican Sen. Jeff Brandes is writing up legislation for a possible Special Session or the 2021 Session to protect businesses against those lawsuits. “Asymptomatic people working in their faculty could spread the disease and lawsuits could come from that,” he told Florida Politics. AJ de Moya, with The de Moya Group, said businesses have never faced lawsuits for […]
Carnival Corp. is facing lawsuits from several passengers who claim they weren’t warned of the high risk of being infected with the novel coronavirus on the company’s cruise ships. Wells Fargo, Bank of America, JPMorgan Chase and US Bancorp have been sued by small businesses that missed out on coronavirus rescue loans because, the small firms contend, the banks first processed big loans that generated big fees rather than on a first-come-first-served basis. Six Flags Magic Mountain is being sued by a theme park fan who objects to the park collecting monthly payments for his membership pass while the park is closed due to the pandemic. Crisis and calamities spark finger pointing and demands for compensation, and the coronavirus outbreak is no different. Like the pandemic, coronavirus-related legal disputes are likely to be widespread and drag on for years. “You are going to see more lawsuits,” said Brian Kabateck, an attorney and chairman of the board at Loyola Law School in Los Angeles. “They are […]
(The Center Square) – Nonessential Florida businesses want assurances from the state Legislature that if they reopen in accordance with state and federal guidelines, they will not be sued if patrons and workers contract COVID-19. “I’ve got friends that run Dow 30 companies in Florida and they are concerned that opening up their offices will put them at traumatic risk,” said AJ de Moya, vice president and general manager with The de Moya Group, a Miami-based road builder. “I think it’s really important and we protect this.” De Moya’s comments came during Wednesday’s teleconference meeting of the Re-Open Florida Task Force’s 35-member Working Group on Tourism, Construction, Real Estate, Recreation, Retail and Transportation. The potential that some businesses may not reopen out of a fear of lawsuits is something lawmakers already had planned to address in a special session, Sen. Jeff Brandes, R-St. Petersburg, told Florida Politics. “Asymptomatic people working in their facility could spread the disease and lawsuits could come from that,” Brandes said, […]
The legislation would not protect gross negligence. Sen. Jeff Brandes is preparing legislation that would protect Florida businesses from being sued if someone contracts the novel coronavirus while working or receiving goods and services on their premises. As Gov. Ron DeSantis takes steps to begin reopening the state as soon as May 1, Brandes said businesses, particularly small businesses, are worried about liability issues. “It really is one of the top concerns of businesses reopening,” Brandes said. “Asymptomatic people working in their faculty could spread the disease and lawsuits could come from that.” “This is a top of mind issue for them and one that will keep Florida from reaching its full potential,” he continued. Brandes said he’s heard from numerous small business owners who are fearful over liability associated with reopening if an employee or customer were to contract the illness even if they were taking reasonable steps to protect them. He worries that fear will lead to businesses not reopening even if the […]
Last week Governor Andrew Cuomo of New York issued an executive order which granted immunity from lawsuits to medical healthcare providers for injury or death. The March 23, 2020 order provided, among many things: “to the extent necessary to provide that all physicians, physician assistants, specialists assistant, nurse practitioners, licensed registered professional nurses and licensedpractical nurses shall be immune from civil liability for any injury or death alleged to have been sustained directly as a result or an act or omission by such medical professional in the course of providing medical services in support of the state’s response to the COVID-19 outbreak, unless it is established that such injury or death was caused by the gross negligence of such medical professional”. Certainly, these are unprecedented times that call for unprecedented measures. Florida already has strictregulations that provide for such immunity and protections to healthcare providers and no new laws, executive orders or amendments are required to protect healthcare providers rendering services for COVID-19 related care. […]
Jeff Davis Law P.A.
Personal injury law is our main practice. Personal injury cases arise when the tortious action or inaction of a person or corporate entity causes harm to another individual. “Tortious” acts may be based on negligence, recklessness, intentional acts, or even strict liability in certain cases (such as abnormally dangerous activities and defective products).
Accordingly, the firm handles a wide range of cases involving accidents, medical malpractice, insurance disputes, products liability, and premises defects. For specific areas please browse our complete list of practice areas.
- COVID-19 WORKGROUP RELEASES VIDEO ABOUT THE STEPS BEING TAKEN TO PROTECT THE PUBLIC AT COURTHOUSESJune 25, 2020 - 10:36 am
- Falling Gate Case ResolvedApril 30, 2020 - 12:47 pm
- COVID-19 Insurance DevelopmentsApril 24, 2020 - 5:33 am
- Legal battles loom as businesses hit by virus sue insurersApril 24, 2020 - 5:33 am
- Florida Nursing Homes Request Immunity from Coronavirus LawsuitsApril 24, 2020 - 5:32 am
- Frivolous lawsuits, opening up outdoor spaces at issue for Re-Open Florida task forceApril 24, 2020 - 5:30 am
- A coronavirus side effect: Lots of lawsuitsApril 24, 2020 - 5:29 am