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Day on Torts

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Florida Supreme Court – No Independent Cause of Action for Spoliation of Evidence

The Florida Supreme Court has held that a person may not file a spoliation of evidence lawsuit against an adversary who has lost evidence concerning his or her personal injury claim. However, the trial court may give an adverse inference instruction on the point. Read the opinion here. This decision…

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Problem Clients

Eighty percent of our fees are earned from contingent fees representing plaintiffs in personal injury and wrongful death cases arising from medical negligence, careless truck or automobile drivers, etc. The rest of our fees come from hourly work arising from commercial litigation or, occasionally, plaintiffs in personal injury cases who…

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Complaint Against a John Doe Driver

Here is a complaint for filing suit in a car wreck case against a John Doe driver. The complaint references Tenn. Code Ann. sec. 56-7-1201(e), which outlines the requirements for recovering from uninsured motorist coverage. Also look to sec. 56-7-1206, which describes how to serve process on a John Doe…

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