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Law Offices of John A. Willis, P.A.
5355 Town Center Rd Ste 801
Boca Raton, FL 33486
877-417-6300
John Alexander WillisJohn's most recent Avvo Answers
Brooklyn (NY).
Car / Auto Accident.
Posted about 1 month ago in Car / Auto Accident.
2 answers posted
Hi! My suv was hit by a car that was supposedly stolen. I say supposedly because the keys where in the car. The driver fled and the owner reported it stolen. The owner ...
Posted about 1 month ago.
Your thought process is sound. It sounds to me like the owner of the car can be negligent for leaving the keys in the car. However, there may be an exclusion in the owner's policy that removes coverage when the car is stolen or driven by someone other than a named insured or relative. I would let your company fix the car and ask them to "subrogate" your deductible. This way your car is fixed and your insurance company will go after the owner's company to get back the money they spend AND YOUR DEDUCTIBLE. Your insurance company has plenty of lawyers and adjusters to accomplish this if there is in fact coverage on the stolen vehicle. You can always sue the owner to recover your deductible and rental car costs. If there ends up not being coverage, you would get a personal judgment against the owner. It may be difficult to collect on the judgment. To summarize, it sounds like a strong case of negligence against the owner, but there may not be insurance coverage for the owner under these facts.
Florida.
Medical Malpractice.
Posted about 1 month ago in Medical Malpractice.
5 answers posted
Is there anyway to sue a reproductive endocryologist for malpractice? These guys are milling babies and giving false hopes to patients that IVF or egg donor IVF cycles ...
Posted about 1 month ago.
In Florida, doctors are some of the most protected members of society, almost as protected as the government itself. Florida medical malpractice cases are governed by a short statute of limitations (2 years) and are extremely expensive to prosecute becuase you need other doctors to provide sworn testimony against the doctor you are suing. The sworn testimony must allege that the negligent doctor's action fell below the appropriate "standard of care." As you might expect, most Florida doctors are hesitant to do this, so these doctors are usually from out of state and more expensive to use. To add fuel to the fire, the FL legislature has put a fee cap on attorneys fees in these cases that can only be overcome by a specific constitutional waiver by the client. In summary, very few lawyers take these cases now, and only when they are high damage cases and the doctors will testify the standard of care has not been met. Even then, almost 90% of medical malpractice case tried to a jury are lost. You may find a FL attorney to handle this case but you will really need to come prepared to address thes issues, unless you want to pay hourly.
Florida.
Real Estate.
Posted 2 months ago in Real Estate.
3 answers posted
I currently live on a golf course and have lived on this course for many years in separate homes. However, this new home, as wonderful as it is, is plagued by errant ...
1 of 1 users found this helpful.
Posted 2 months ago.
Florida law provides that "living on a golf course and living with golf balls necessarily go hand-in-hand. The issue here is whether [you] are being subjected to more than a reasonable exposure to golfballs and what steps, if any, would be appropriate to remedy this problem." Bechhold v. Mariner Properties, Inc. 576 So.2d 921 (Fla. 2 DCA 1991). If you are being subjected to an unreasonable amount of golf balls then it is incumbant on the golf course to remedy the problem. If they fail to take appropriate steps then they may be liable to you for your damages on a theory of private nuisance. I would put them on written notice that they must immediately correct the problem. If they don't comply I would retain counsel to discuss filing a private nuisance action against them.
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