Florida’s Judicially Created Impact Rule and Emotional Distress

In Florida, there is a judicially created doctrine known as the impact rule. This judicially created impact rule is aimed at claims for emotional distress. The impact rule “requires that ‘before a plaintiff can recover damages for emotional distress caused by the negligence of another, the emotional distress suffered must flow from physical injuries the plaintiff sustained in an impact.” Lotierzo v. Barbarito, 48 Fla.L.Weekly D512a (Fla. 4th DCA 2023) (quotation omitted). However, the impact rule is not without limited exceptions. See Woodard v. Jupiter Christian School, Inc., 913 So.2d 1188 (Fla. 4th DCA 2005) (discussing limited exceptions to the impact...

28 November

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Fiduciary Duty Owed by Escrow Agent

Posted by David Adelstein

in Trial Perspectives

When it comes to buying property, there's quite a lot of documentation involved. The use of escrow agreements and escrow agents is common when purchasing property. They are used in relationship to purchase-sale of real estate contracts. They are also used in relationship to certain settlement agreements. The escrow agent may be a third-party, such as a title company or financial institution, or it may be a law firm representing a party in the transaction or case. An escrow agent owes a fiduciary duty to the parties to the escrow transaction or agreement. Carter Development of Massachusetts, LLC v. Howard,...