The truck was driven by an LEI employee, who had traveled to USF during an extended lunch break, to attend his young child's science fair at the USF Sun Dome. The Plaintiff sued LEI Construction for vicarious liability based on its employee's allegedly negligent driving, as well as for negligent hiring and negligent retention of the employee. Immediately before trial, Plaintiff dismissed the negligent hiring and negligent retention claims. In addition, LEI Construction admitted that its employee had driven negligently, but disputed that the employee had been acting in the scope of his employment at the time of the accident.

 

At trial, the testimony established that LEI Construction's employee had actually been assigned to perform minor interior painting and maintenance work at a hospital located in another city, and that his trip to attend his daughter's science fair at the USF Sun Dome had nothing to do with any work-related duties. The employee's wife also testified that he had just left the Sun Dome and was on his way to have lunch with his family when he was involved in the accident with Plaintiff. Plaintiff's counsel argued that LEI Construction should nonetheless be held vicariously responsible for its employee's driving, because it had not directly monitored the time that its employees (including Plaintiff) left the hospital for lunch, or the time those employees returned from their lunch breaks. Instead, LEI Construction allowed the employees to sign themselves in and out for lunch.

 

In May 2016, Florida's Fifth District Court of Appeal affirmed a ruling by a trial court judge in favor of a radiologist and his practice. Plaintiffs sued the radiologist, alleging that he needed to call the Plaintiff's primary care physician regarding his radiology findings and not just submit his radiology report to the primary care physician. The trial court granted summary judgment in favor of the radiologist, and Plaintiffs appealed. 

 

Dell Graham attorney Jamie White, argued at the appellate level on behalf of the radiologist. She skillfully persuaded the Court that whether the physician submitted his radiology report to the primary care physician or made a phone call in addition to submitting his report made no difference in the outcome. Ms. White effectively established this position by demonstrating there was no dispute that the primary care physician received the radiology report, understood the significance of the report, and attempted to contact the patient. Arguing before the Fifth District, Ms. White responded with ease to the Court's questions and concerns. Relying on Ms. White's oral argument and her brief, the Fifth District ruled in favor of the radiologist and affirmed the trial court's grant of summary judgment. 

 

A few weeks later, Florida's First District Court of Appeal affirmed a ruling by a trial court judge in favor of an OB/GYN and his practice. Plaintiffs sued the physician and others, alleging that the physician committed medical negligence. After more than a two-week trial, the jury entered a verdict finding in favor of the physician. After trial, Plaintiffs asked the court for a new trial, claiming that the court made various errors throughout the trial proceedings. The trial court denied the request for a new trial and Plaintiffs appealed to the First District Court of Appeal. 

 

Once again, Dell Graham looked to attorney Jamie White to represent the physician in this appeal. Ms. White argued that there were no errors at trial by the judge or otherwise that would entitle Plaintiffs to a new trial. After denying requests for oral argument and relying on Ms. White's brief, the First District entered its opinion, affirming the trial court's order and judgement. 

 

Dell Graham attorney Jamie White represents physicians, business, and other institutions in both federal and state court appeals. As she works towards the level of appellate practice experience required to seek board certification, Dell Graham is continually impressed by Ms. White's persuasive ability, a key skill to master for success at the appellate level. These appeals mark Ms. White's fourth and fifth straight appellate wins in just over one year. With four more appeals pending, Dell Graham looks forward to supporting Ms. White as she continues to further develop the firm's growing appellate practice, and work towards her mastery of the skills needed to excel at the appellate level.