Proposed changes and reorganization of civil jury instructions for cases for professional negligence

first_imgProposed changes and reorganization of civil jury instructions for cases for professional negligence May 1, 2008 Regular News Proposed changes and reorganization of civil jury instructions for cases for professional negligencecenter_img The Supreme Court Committee on Standard Jury Instructions in Civil Cases proposes changes and reorganization of the jury instructions for civil cases for professional negligence. As part of the overall reorganization of jury instructions for civil cases, the committee has grouped together all professional negligence instructions in a single section, numbered 402. These reorganized instructions follow the same format as is used in the new reorganized book (see Notice published on April 15), so that the jury is first informed of the basic definitions that they must apply, followed by the issues that they must decide. In addition, some of the professional negligence instructions have been substantially rewritten and new provisions have been added to reflect new statutory and/or case law. Finally, as with the rest of the reorganized book, the Committee also has substituted “plain English” language wherever possible without altering the substantive meaning of the instructions. The table of contents for the new, reorganized professional negligence instructions appears below. Due to size limitations, the instructions themselves are not included in this publication but are available to be viewed at by clicking on Publications, then click The Florida Bar CLE Publications. Comments are invited. After reviewing all comments, the committee may submit its proposal to the Florida Supreme Court. Please provide comments on these changes separately from comments on other aspects of the book reorganization. Send all comments to Tracy Raffles Gunn, Committee Chair, Fowler White Boggs Banker PA, 501 East Kennedy Blvd. Suite 1700, Tampa 33602 or e-mail comments to her at or fax them to (813) 229-8313. Comments must be received by May 30 to ensure that they are considered by the committee . 402 Professional Negligence 402.1 Introduction 402.2 Summary of Claims 402.3 Greater Weight of the Evidence 402.4 Medical Negligence 402.5 Other Professional Negligence 402.6 Legal Cause 402.7 Legal Cause (Treatment Without Informed Consent) 402.8 Preemptive Charges 402.9 Preliminary Issues – Vicarious Liability 402.10 Burden of Proof on Preliminary issues 402.11 Issues on Main Claim 402.12 Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation 402.13 Burden of Proof on Main Claim 402.14 Defense Issues 402.15 Burden of Proof on Defense Issues 402.16 Emergency Medical Treatment Claimslast_img read more

Work Starts on Westermeerwind’s Connection to Land

first_imgThe construction of the first electricity cable between the Westermeerwind offshore wind farm and the high voltage station being built within the dike in Espel began on May 1st.A total of six cables (up to 15 cm thick) will run under the dike through the tubes built last year.The construction of a total of 44 kilometers of cables between the wind turbines and land will take about two months.From July, Westermeerwind’s wind turbines with towers will be placed on foundations, which were installed in March and April. It is expected that the first electricity will come ashore in August. After that, the testing and commissioning of the turbines will commence. The entire wind farm is scheduled to be ready by mid-February 2016.Image: Westermeerwindlast_img

UWF Women’s Cross Country Finishes Fourth In Gulf Coast Stampede

first_imgUWF Women’s Cross Country Finishes Fourth In Gulf Coast Stampede Share Kelbe Beck led the Argos with a 12th place finish center_img PENSACOLA, Fla. – The University of West Florida women’s cross country team had a fourth place showing this morning at the Gulf Coast Stampede held at the Escambia County Equestrian Center. The Argos had the best showing out of the Division II schools that completed in the meet, which was filled with completion from Division I, II, III and NAIA schools. Kelbe Beck led the Argonauts with a 12th place finish with a time of 19:41.Division I teams Southern Mississippi, Nicholls State and Alabama State took the top three team spots. Nicholls State’s Kadi Whisnant and Lauren Jones took the top two finishes with times of 18:23 and 18:28, respectively. Southern Mississippi claimed third through fifth place. Argonaut Kelbe Beck (Tallahassee) was the first representative from a Division II school to finish, taking 12th place.“I was proud of how we performed today, considering the strong competition that we faced,” stated head coach John Bergen. “Having to race against Division I schools like Southern Mississippi and Nicholls State, challenges our team and can only make us better.”Stacy Paton (Stuart) finished just behind Beck, with a 13th place time of 19:45. A trio of Argos finished in 21st, 22nd and 23rd place. Sophomore Karyssa Tourelle-Fallon (Navarre) finished in 21st with a time of 20:15. She was followed by freshman Ruth Ashley (Altamonte Springs), who finished in 20:18. Freshman Renea Porsch (Land O’ Lakes) finished four seconds behind Tourelle-Fallon in 22nd at 20:22.“Kelbe and Stacy ran really strong today,” said Bergen. “Six of our girls run 20:30 or better, which I’m really proud of.”Sophomore Elizabeth Wiese (Mount St. Mary, N.Y.) finished in 26th with a time of 20:33. Beatriz Labrada (Sandy Springs, Ga.) finished the 5k in a time of 21:57 to place 49th. Sophomore Sabrina Seignemartin (Navarre) was three seconds behind Labrada with a time of 22:00 to finish in 50th place.The men’s and women’s teams travel to Clinton, Miss., Friday, October 8th, to complete in the MC Watson/Ford Invitational. Hosted by Mississippi College, the women’s 6k event will start at 4:30 p.m. The men’s 8k will follow at 5 p.m. Results from the meet will be available on GoArgos.com.For information on all UWF Athletics, visit www.GoArgos.com. — www.GoArgos.com –Print Friendly Versionlast_img read more

Dry Conditions Create Increased Fire Danger

first_imgFacebookTwitterEmailPrintFriendly分享In southcentral Alaska, recent warm days and temperatures on the forecast will dry the surface fuels and deeper layers of forested lands leaving them very susceptible to fire starts. DOF reminds Alaska residents that this is an extremely volatile time for wildfires when dead, dry grass is exposed, all it takes is one spark to ignite that grass and fire will spread extremely quickly. State wildland fire officials would like to remind the public to be extremely cautious with any activity that could ignite a wildfire. Despite a burn permit suspension that went into effect for much of the state on Friday, May 1, wildland firefighters from the Alaska Division of Forestry have responded to several fires as of the result of illegal burning activities, such as burn barrels and debris burning, both of which require a permit and are currently suspended. Howie Kent with the Division of Forestry says the Kenai Peninsula still has a lot of dry fire fuels, which have become more flammable due to recent warmer temperatures.: “We’re expecting a little bit of breezy conditions along the coastal areas, like Kenai, Soldotna, Homer, that kind of area. For the rest of the week we are expected to get warmer and dryer, which will lead to higher temperatures, and lower relative humidity which equal the possibility for more fires.”   Kent: “As people get out and they want to do some camping, and want to have a campfire remember to keep your campfire small in case the winds pick up unexpectedly try and keep your fire under control.”last_img read more

Between a rock and a hard place…

first_img…with coalition politicsYou may think, dear reader, your Eyewitness is a tad too taken up (obsessed?) with the trials and tribulations of the AFC and APNU marriage pact. But as he took pains to point out before, it’s not just a matter about the wankers in the two parties – it’s about coalition politics in Guyana, writ large. And coalition politics is, frankly, the only way forward for us in our God-forsaken country.And what the APNU/AFC coalition has shown us in the last three years is the PNC isn’t to be trusted. The PPP obviously knew what they were talking about when the question of “inclusive governance” with their then Opposition was first mooted. They insisted the PNC would have to prove it could be trusted. Well, we can all look at what happened to the AFC and absorb THAT object lesson!!But after screwing the AFC royally – meaning the latter had to be singing “do wha’ yuh want wit’ me!!” while the deed was being done – APNU just demonstrated that’s not enough. It only took a HINT from PNC leader Granger that the Pre-Nup Accord should continue “as is”, for the AFC leaders to drop their tails between their legs, nuzzle up to him and moan, “No mas!” Of course, they couldn’t just say that right out…they want to ‘save face”… but mumbled as to how Trotman will be writing Granger on the matter.But who do they think they’re fooling? Before Granger dropped his hint, hadn’t all the AFC leaders insisted they’d carry out their threat to “renegotiate” the Pre-Nup based on the recommendations of their high-level team they’d established a year ago? But they tried to distract observers of their coalition travails by announcing they MIGHT be going into the Local Government elections joined to the hip with APNU.Might?? Might? There ain’t no “might” about what’s going happen at the LGE – save the “might” of the PNC being demonstrated!! As sure as the sun’s gonna rise in the east tomorrow, the AFC is gonna plead with the PNC to accept them on the LGE slate! For the simple reason that Chairman Ramjattan predicted three years ago – they’re now “dead meat” to the electorate!! And their dilemma is if they go it alone, that will be exposed for everyone to smell!!And the PNC knows this…and it’s why Granger will have them swinging in the wind. A new Cummingsburg Accord WILL then be DICTATED as the pro quid quo for hiding the AFC under the PNC’s skirts.And forget any 40 per cent of post-2020 Ministries, Rafael “Nassau” Trotman will be the last AFC man standing!…on oil contractsYour (modest and humble) Eyewitness hates bringing this up…but wasn’t he the first one to compare the oil contract ‘renegotiated” by “Nassau” Trotman with those of several African countries – including Uganda where the Government flew up a high-level team, courtesy Chatam House?? And how we suffered by comparison? Well, the press is finally moving – glacially! – towards the second point then made by your Eyewitness.To wit – if those countries’ oil contracts were so much better than ours, but they’ve remained dirt poor – where did all the money go? It was literally SIPHONED off by the officials in the Governments…that’s what!! And we saw there were two ways the money-siphoning worked – either AFTER the oil was pumped or BEFORE.The correlation when the terms were not so good for the country on paper, the money would be siphoned into private bank accounts of the Government officials.So when will the local press begin to follow the money??…on the CounterforceThe PNC wants to focus on the “counterforce” during what PNC-leader calls “the troubles”. But like newton’s law of “action and reaction”, doesn’t there have to be a “force” before the “counterforce”?So who were the “political sophisticates” (according to Kwayana) who were behind this Buxton Force?last_img read more