Verdicts by Practice Area: Construction Defect
Construction Defect Partner David Rosinsky, Esq., and Junior Partner Raul Flores, Esq., obtained successful risk transfer in a crane accident with serious personal injuries. In the matter styled Cecchi v. Beyel Brothers Crane and Rigging of South Florida, Plaintiff fell 20-feet when a suspended 5,680 lb steel eye beam struck the scissor lift he was standing on. He suffered a fracture of his left hip and pelvis, requiring multiple surgeries, and resulting in a significant workers' compensation lien. Plaintiff sued our clients, the crane company and crane operator, for gross negligence in the operation of the crane that hoisted the eye beam. Based on an indemnification provision in the crane rental agreement with Plaintiff’s employer, which included the rental of the crane and the lending of the crane operator, we served a tender request to Plaintiff’s employer for the defense and indemnification of our clients. After the employer failed to serve a response, a third-party complaint was filed against the employer for contractual indemnification and breach of contract on the duty to defend. The employer subsequently accepted our tender request and ultimately settled with Plaintiff with zero contribution from our clients. Read more
Senior Associate Dustan Lorimer, Esq., obtained a dismissal in the matter styled Michael Kirk and Jordana Kirk, Individually and as “next friends” on behalf of Dominic Kirk and Payton Kirk v. Dana Construction, Inc., et. al. The lawsuit was filed on May 5, 2020, with allegations of construction defects that led to water intrusion, consequential mold growth, and ultimately Plaintiffs’ resulting personal injury claims arising from mold exposure. In support of the construction defect claims, Plaintiffs attached two expert reports to the Complaint concluding that the alleged water intrusion was primarily caused by excessive cracks in the exterior concrete block walls. However, the Insured’s, Dana Construction, Inc., work included certain flatwork on the sidewalk and driveway, as well as final framing punch-out work. Therefore, the causal connection between the Insured’s work and claimed damages was questionable, at best.
Despite several requests for dismissal, Plaintiffs’ Counsel declined to dismiss any parties because at the time, only limited written discovery was completed and initial documents were exchanged. No depositions were conducted and no expert opinions were finalized. Even so, a Motion for Sanctions coupled with a Motion for Summary Judgment was prepared to extract the Insured. To that end, an affidavit was completed by the Insured attesting to the fact that its work did not result in the damages complained of. Additionally, the Insured prepared and filed an affidavit indicating that the performance of its work did not cause or contribute to Plaintiffs’ alleged injuries. Under clearly established precedent, the burden then shifted to Plaintiffs to come forth with counter-evidence sufficient to reveal a genuine issue of material fact. Failing to do this and persuaded by our argument, Plaintiffs’ Counsel dismissed the claims against the Insured with prejudice early in this complex construction defect case, with minimal discovery completed. Read More.
Junior Partner Matthew Wendler, Esq., obtained summary judgment in matter styled Acquavella v. Ft. Lauderdale Jet Center, LLC, et al. Our client was retained to cut out a 529 square-foot excavation into which a flight-simulator plane would be installed. Fifteen days after our client completed its scope of work and left the job site, the plaintiff sustained serious injuries when he fell 30 feet from the aerial lift he was operating near the excavation. Pursuant to Slavin v. Kay and its progeny, we argued that our client owed no duty to Plaintiff. Following a March 2, 2021 special-set hearing, the Court entered summary judgment in our client’s favor. Read more
Junior Partner Scott Chapman, Esq., and Senior Associate Hayley Newman, Esq., obtained Summary Judgment on counts for breach of contract and negligence in a case involving water damage to a condominium unit in the matter styled Rodney and Emily Regan v. Carillon Condominium Association, Inc. This case arose out of an alleged roof leak in the common area at the Defendant Condominium Association. The Association was previously sued by Plaintiffs in a 2014 lawsuit against the Defendant Condominium Association, resulting in an executed release by the Plaintiffs. Defendant proffered to the Court that the Plaintiffs’ renewed Complaint sought double recovery against the Defendant Association in violation of the principles of Res Judicata. The Court agreed that the release executed previously by the Plaintiffs was a bar to monetary damages and granted Summary Judgment as to Counts I and II of Plaintiffs’ Complaint. Read more
Construction Partner David Rosinsky, Esq., obtained a good result in the matter styled BZB Barn, LLC. vs. Guerrero D. Construction, Inc. Buck Steel, Inc., Hornet Steel Buildings, Inc. when Plaintiff agreed to drop all claims against our client. Plaintiff is the owner of an equestrian facility in Loxahatchee Grove. It purchased a pre-engineered steel building to cover an equestrian ring on its farm from a local distributor. The distributor purchased the materials and plans for the structure from our client. Due to agricultural exemptions, Plaintiff was not required to obtain a building permit and, as such, was not required to have the erection of the building performed by a licensed general contractor. Plaintiff chose to hire day laborers with no experience in the erection of the steel building. The day laborers did not follow the plans for the erection of the building and did not use the necessary temporary and permanent bracing to support it during the erection. Before the erection was completed, the partially erected building collapsed. Read more
In matter styled Liberty Mutual Fire Ins. Co. a/s/o Puccini, Inc., d/b/a 5 Napkin Burger v. AA Fire Equipment Co., Construction Defect Partner David Rosinsky, Esq. and Senior Associate Hayley Newman, Esq. obtained a favorable result when court granted the Defendant’s motion for summary judgment. The subrogation action was for damages due to a restaurant fire that originated in kitchen. Plaintiff’s insured was the owner of the building, which included a restaurant. The restaurant underwent a build-out, which included installation of a grill hood and associated ventilation system. Read more
On January 30, 2019, Boca Raton Senior Associate, Hayley Newman presented oral argument on Defendant’s Motion for Summary Judgment in JAFCO v. D&S Plumbing, a case involving construction and design defects at a children’s center in Broward County. Senior Partner Christopher Burrows authored the Motion for Summary Judgment with assistance from Hayley Newman. The plaintiff initiated this lawsuit against the general contractor, alleging construction defects and deficiencies in the work performed on the project. The general contractor filed a Third Party Complaint against its subcontractors, including our client a plumbing subcontractor. The general contractor’s four causes of action in the Third Party Complaint included contractual indemnity/breach of contract, common law indemnity, contribution, and negligence, alleging breach of its indemnification obligation in the subcontract. Read more
This case was a $775,000 subrogation action filed by the condominium association’s insurance company against our client, a unit owner. A dismissal was obtained in light of our arguments relying upon language within subject insurance policy as well as the condominium documents. Read More
Boca Raton Senior Associate Paul Shalhoub obtained a dismissal with prejudice in the construction defect matter styled Ruth Weinfeld and Robin Frank v.Tropical Roofscapes, Inc., et.al. A co-Defendant sought common law indemnity and equitable subrogation against our client, Tropical Roofscapes, Inc., for alleged construction defects related to the replacement of Plaintiffs’ roof. Paul Shalhoub, Esq. was able to have both claims, including common law indemnity, dismissed with prejudice. Read More
Tampa Jr. Partner, Joseph Kopacz, obtained a partial summary judgment on December 24, 2016 in the matter styled KB Home v. Millard Roofing, as to all roofing claims alleged against Millard Roofing. The suit arises from claims asserted by KB Home against various subcontractors from alleged damages incurred during the construction of the Willowbrook Condominiums Project, which consists of 270 individual units in 51 buildings, located in Manatee County, Florida. Read More
Managing Partner Daniel Santaniello and Boca Raton Junior Partner Christopher Burrows obtained a defense verdict in a roofing case styled Guy Delmonte v. Whiting Construction, Inc., on June 27, 2014. Plaintiff, Guy Delmonte, owner of a townhouse in a quadruplex in Martin County, Florida, sued a local roofing company, Whiting Construction, Inc., alleging that the roofing company had caused interior water damages to Plaintiff's unit when Whiting Construction replaced the roofs of the three neighboring units in the Plaintiff’s quadruplex. Read More
The Court granted our motion to compel arbitration in Boston, Massachusetts, as provided by the warranty at issue, and agreed with us that the Federal Arbitration Act preempts Section 47.025, Florida Statutes, a Florida statute that invalidates provisions in contracts regarding to construction that require out-of-state litigation or arbitration, June 30, 2011 (Circuit Court, Fourteenth Judicial Circuit, Bay County, James P. Waczewski, Tallahassee Managing Attorney). Read More
2 Week Trial in Palm Beach County, $2.3 Million sought, “$0” awarded. The case featured 13 experts and 20 witnesses. claimed that Hubbard's employee, negligently backed his Caterpillar Skid Steer on a road construction site. The Plaintiff, a 51 year old self employed owner of an automotive repair shop and married with two young children, claimed that Hubbard's employee, negligently backed his Caterpillar Skid Steer on a road construction site. The Defendant was knocking down a dirt pile on the shoulder of the road, when Plaintiff alleged Hubbard backed into the road and struck the Plaintiff, who was driving by, causing him to lose control and drive off the road down to a lake. Plaintiff brought claims for negligence against Douglas Clyde Williams and claims of negligent supervision and vicarious liability against Hubbard Construction Company. Plaintiff alleged that Hubbard Construction was negligent in failing to mark the construction zone, separate traffic from the work zone or place a flagger by the Caterpillar. Read More
products causing a large fire. Read More