The owner of home furnishings and personal apparel which have been taken by a wrongdoer may recover the actual value to him of the items taken, excluding fanciful considerations, and is not limited to their second-hand value.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
The Collateral Source Rule, codified at Florida Statute 768.76, in pertinent part, states that in any action where liability is determined and damages awarded, the court shall reduce the amount of award by the total amounts which have been paid for the benefit of the claimant.
Valcin, set forth certain criteria for imposing evidentiary presumptions in the event of negligent or intentional destruction of hospital records, as follows: 1) If the hospital is unable to produce the records, the plaintiff must establish that the absence of the records hinders the plaintiff's ability to establish a ...
We have all heard of a ?Valcin instruction,? a jury instruction imposing a presumption of negligence against a defendant that negligently loses or destroys critical evidence.
The collateral source rule in Florida is a legal doctrine stipulating that any payments made to the injured victim by a third-party source, such as insurance or other benefits, should not be deducted from the economic damages awarded to the injured victim in a personal injury case.
?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue. b(2).
The collateral source rule is a law in state jurisdictions that prevents the reduction of damages awarded to a plaintiff for injury, illness, or disability by the amount already recovered from a third party such as an insurer.
Pursuant to Florida Rule of Civil Procedure1. 380(e), ESI is spoliated if it (1) should have been preserved due to the anticipation or conduct of litigation, (2) is lost because a party failed to take reasonable steps to preserve it, and (3) cannot be restored or replaced through other discovery measures.
The mechanics of this statute are that: (1) amounts paid to a plaintiff from a collateral source can and do reduce the amount of the verdict, and this reduction will be applied by the court following the jury verdict; (2) but in nearly all instances, evidence of payments from collateral sources will not be presented to ...
Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...
