In a pair of recent decisions, the First DCA clarified, once and for all, any questions regarding compensability of accidents involving idiopathic conditions, or pre-existing conditions (or neither), and unexplained falls, or explained falls (or neither) following its 2019 opinion, Sedgwick CMS v. Valcourt-Williams, 271 So. 3d 1133 (Fla. 1st DCA 2019) (en banc). The very simple rule in this: if accidents and injuries are work-related, then they are covered by the Workers’ Compensation Act; if they are not work-related, then they are not covered. Done and done!  If only […]

Boyd & Jenerette is pleased to welcome Attorneys Aaron B. Greenberg and Jordan L. Parker to the firm. Aaron B. Greenberg Senior Associate Direct: 727.293.4188 Email: agreenberg@boydjen.com Aaron Greenberg is a Senior Associate Attorney in Boyd & Jenerette’s Saint Petersburg office. He practices in the firm’s Construction Law Group, handling matters involving construction defects, professional liability, property damage, breach of contract, and insurance coverage. Aaron has been a member of the Florida Bar since 2012, and has successfully represented clients ranging from individuals to multinational corporations, in both state and […]

Kansas Gooden and Josh Hartley recently obtained summary judgment.  The plaintiff filed the UM action more than 5 years after the date of loss, but avoided an early motion to dismiss due to the insurance policy language.  The plaintiff argued that the policy language required the statute of limitations to be tolled. On summary judgment, Kansas and Josh focused on the policy language not prohibiting the plaintiff from timely filing suit and distinguished Woodall v. Travelers, 699 So. 2d 1361 (Fla. 1997), which allowed such tolling.  The trial court agreed […]

Shareholder Kansas Gooden recently had oral argument before the Florida Supreme Court and is featured in a Law360 article titled, “Trucking Co. Says Rejected Settlement Should Be Enforced,” published on March 9, 2022. The case concerns whether a proposal for settlement is accepted when a written notice of acceptance is filed or when payment is made.   The article states: In oral arguments before the state’s high court, Suarez Trucking FL Corp. said it should not have been forced to go to trial when it had accepted plaintiff Adam Souders’ proposal […]

Boyd & Jenerette P.A. is committed to creating a workplace environment where diversity is encouraged and where every member of the firm can realize their potential for excellence. This policy is intended to guarantee equal opportunities for all firm members including students, legal and non-legal staff, associates, and partners. The firm is proud of its accomplishments in regard to gender diversity. As of the 2022 celebration of Women’s History Month, Boyd & Jenerette is pleased to recognize the women who comprise our team of experienced litigators. 5 out of 8 […]

Boyd & Jenerette Partner Payton Bramlett has been selected to the 2022 Georgia Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, […]

Boyd & Jenerette is pleased to welcome Attorneys D. Campbell Bowman Jr. and Karin L. Oko to the firm. D. Campbell Bowman, Jr. Partner Direct: 912.219.2815 Email: cbowman@boydjen.com Campbell Bowman is a partner in the firm’s Savannah, Georgia office and has extensive litigation experience in a wide range of insurance defense coverage areas. He worked as in-house litigation counsel for several insurance companies for many years, during which time he gained significant trial experience. He also has prior experience in private practice in the areas of civil litigation and insurance […]

The appellate team was successful in defending a trial court’s summary judgment in a slip and fall premises liability case.  The trial court granted summary judgment concluding the plaintiff, who fell in a wet parking lot, failed to present evidence of a dangerous condition, breach, or causation. The plaintiff-appellant challenged the trial court’s order, claiming there were disputed issues of material facts as to an inherently dangerous condition and whether it was patent or latent.  The Fifth District Court of Appeal upheld the trial court’s ruling and affirmed summary judgment. […]

A Claimant sustained a compensable injury to his left knee while walking across the deck of a ship. The accident and injury were accepted as compensable and medical and indemnity benefits were provided, including two knee surgeries. A few years after the Claimant had been placed at MMI for the left knee, he brought claims alleging that he had also injured his back, right shoulder and right knee, arising from the same accident. The Claimant asserted two theories of liability: that either he injured those other body parts directly in […]

Bills have been introduced in both chambers of the Georgia General Assembly to allow defendants in civil suits in Georgia to once again be able to apportion fault to non-parties in single-defendant cases. Historically, defendants in civil suits in Georgia were able to argue non-party apportionment of fault in any civil case so long as the notice of intent to apportion fault to a non-party was filed at least 120 days ahead of trial in compliance with O.C.G.A. § 51-12-33(d)(1).  In its groundbreaking ruling in Alston & Bird LLP v. […]