Verdicts by Practice Area: Excess | Wrongful Death

Tallahassee Managing Partner Dale Paleschic, Senior Managing Appellate Partner Daniel Weinger, and Senior Associate Alec Masson recently prevailed in a precedent setting appeal in the First District Court of Appeal in Hamblen v. Pilot Travel Centers, LLC, Case No. 1D19-1613 (Fla. 1st DCA February 26, 2021). The appeal turned on the resolution of an issue of first impression involving an interpretation of section 768.24 of Florida’s Wrongful Death Act. That statute provides that “[a] survivor's death before final judgment shall limit the survivor's recovery to lost support and services to the date of his or her death.”

The underlying wrongful death case was brought by the father as the sole survivor of his deceased daughter, who died in an automobile accident. At trial he sought recovery for pain and suffering but not for lost support and services. The jury returned a net verdict of $1,700,000.00 after assigning the substantial majority of fault on two non-party Fabre Defendants. Thereafter, the trial court entered “Final Judgment”. A timely motion for new trial was filed and ultimately denied by the trial court. Shortly after Defendant’s appeal had commenced, it was discovered that the decedent’s father had passed away while Defendant’s motion for new trial was still pending.

We filed a motion to set aside the final judgment under Florida Rule of Civil Procedure 1.540(b), arguing that although the trial court originally entered a “Final Judgment”, the judgment was not truly “final” until such time as the trial court ruled on the timely filed motion for new trial.  Because the decedent’s father passed away while the motion for new trial was still pending, his death occurred before “final judgment” and, under section 768.24, his recovery was limited to lost support and services to the date of the decedent’s death.  In addition to making statutory interpretation arguments, Defendant argued that its position was consistent with the underlying “philosophy of the [Wrongful Death] Act [which] is to afford recovery [of mental pain and suffering damages to] the living rather than the dead.” Fla. Clarklift, Inc. v. Reutimann, 323 So. 2d 640, 641 (Fla. 2d DCA 1975). The trial court agreed, set aside the final judgment and, because there was no claim for lost support and services, entered a new final judgment in the amount of $0.  Read more

In defense of these claims, our firm conducted a thorough and aggressive investigation and learned of the facts that had not been made public, and found additional evidence that supported the actions taken by our client. In fact, we found witnesses and ocean images that established the boys had been seen just prior to and during the storm just off the coast, that the Coast Guard had been contacted and that the boat was then seen in the ocean images overturned and with no signs of life—all before our client was even aware the boys had not timely checked in. The firm’s client was not in custody or control of the boys that day, and he was working at his office so he had no information about the storm.

Ultimately, we filed a summary judgment motion based primarily on the total lack of evidence that our client breached any duty of care. The Order granted summary judgment on behalf of our client and found that his actions did not increase the risk of harm, and that he committed no breach of any duty of care. The case was later amicably resolved.

The summary judgment order in our client’s favor is vindication for the actions of a parent, whose concern and attempt to find his son was not wrong, nor actionable. In the words of the well-reasoned order, “The Defendant went looking for his son and for his son’s companion, Perry. This simple, and understandable act, does not give rise to liability based on the undertaker doctrine.” We add that his actions and determined efforts to search undaunted for weeks should be praised and emulated.  Read more

Managing Partner Daniel Santaniello and Boca Raton Associate Brett Wishna, Esq., obtained a favorable settlement in a wrongful death claim against a liquor store alleged to have sold alcohol to a minor Decedent. The Minor Decedent’s Estate claimed that the sale, among other things, was the legal cause of Decedent’s ultimate death by way of a shooting at a house party later that day. Following discovery, Mr. Wishna moved for summary judgment on behalf of Defendant, arguing that Plaintiff’s evidence was, at best, speculative and circumstantial. While that motion was pending and set for hearing, the parties reached a settlement of $30,000. Read more

Managing Partners Daniel Santaniello, Esq. and Todd Springer, Esq. obtained a favorable result in a wrongful death negligent security matter.  Plaintiff asked the jury for $50 Million dollars in opening and then ultimately $1,000,000 per year for 29.5 years, which amounted to $29,500,000. The jury returned a verdict for $2,967,200. However, the jury apportioned 70% negligence to the decedent, 25% negligence to Fabre Defendant, Zachary Ames and only 5% negligence to Defendant, First Coast Security Services resulting in a net verdict of $148,360. First Coast was the only defendant remaining at the time of trial as Zachary Ames and the Pablo Creek Home Owner’s Association had settled out for a confidential sum pre-trial. 

Decedent was a 20-year-old student who had received a Bright Futures scholarship. He was invited to the home of Zachary Ames located in the neighborhood of Pablo Creek Reserve.  While at the home, Mr. Ames gave Decedent marijuana to smoke knowing it was his first time smoking marijuana.  Shortly after smoking the marijuana the decedent’s demeanor changed.  He became violent and paranoid.  He left the home and began walking through the neighborhood when he was stopped by a First Coast Security Officer. Read more

On April 27, 2018, Boca Raton Junior Partner Chris Moore, Esq. obtained a final summary judgment in the matter styled Siddique v. Defendant HOA, et al.  The Estate of Rayyan Siddique sued for wrongful death arising out of a drowning incident in a man made pond after the young autistic boy was last seen alive going into the water by a neighbor from across the pond. Read More

Senior Partner David Lipkin was granted a Summary Judgment in the wrongful death matter styled Zamora v. Riviera Isles Master Association, Inc. and Ardent Ventures d/b/a Exclusive Property Management.   The lawsuit involved the death of a 16 year old boy who was killed when the motorcycle he was operating crashed into an extended portion of a canal. The decedent was a resident of Riviera Isles which has a homeowners association that contracts with the codefendant property management company.  The community where the teen and his family resided runs parallel to a canal that is owned by the South Florida Water Management District (SFWMD).  Parallel to the canal is a gravel path that is also owned by SFWMD.  The community is separated from this area by a chain link fence that is owned by the defendant homeowner’s association.   Read More

Appellate Junior Partner Doreen Lasch filed a motion for summary judgment in a Wrongful Death matter styled Torrent v. The Round Up,  The  wrongful death action  was filed on behalf of the parents of a child who was riding his bicycle on Griffin Road when he was struck and killed by a drunk driver. Plaintiffs' theory of liability against our client was based on Florida's Dram Shop Act. Plaintiffs' settlement demand was $1 million.  Appellate team argued that plaintiff failed to establish evidence to support his dram shop claim and before the motion could be heard, plaintiffs accepted $10,000 in settlement of all claims against our client. Read More

Todd Springer, Managing Attorney of the Jacksonville office of Luks, Santaniello, Petrillo & Jones obtained Final Summary Judgment in a wrongful death case styled, Ileana Liset De La Torre vs. Defendant Church and Defendant Pastor, in Duval County on January 18, 2013.  It was alleged that a pastor had provided negligent counseling to the decedent and acted in such a way as to worsen his mental and/or physical condition pursuant to the Undertaker's Doctrine by failing to notify third parties of the decedent's prior suicide attempts and harass, bully, and humiliate him ultimately contributing to and/or causing him to commit suicide.  Read More

Paul Ginsburg, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Motion for Final Summary Judgment in the Wrongful Death case styled Estate of Jay C. Ciocon v. J.H.O.C. d/b/a Premier Transportation, Charles Dale Ballew, Eduardo Torres and Ydania Rodriguez, Defendants Eduardo Torres was the driver and Ydania Rodriguez, the owner of a van which was stopped and disabled in the emergency breakdown lane of westbound I-75 just west of Weston Road in Broward County, Florida. Read More

Shot to Death by Unknown Assailant, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More

Victim Targeted Crime with 3 Innocent Shooting Victims, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More

Anthony J. Petrillo, Tampa Managing Partner and Jason D. Montes, Associate prepared and argued a Motion for Partial Summary Judgment on August 20, 2007 in a multi-million dollar wrongful death case. The case involved a heavy impact front collision when Defendant crossed the centerline resulting in the death of a 24 year old mother of an infant.  In the pretrial phase, Defense obtained summary judgment on the husband survivor's claim due to a defect in the hospital bed marriage ceremony.  At trial, Plaintiff sought $15M in non-economics and $1.5M in economics.  Defense contended Plaintiff failed to wear her seatbelt and proved her severed suprahepatic vena cava was directly caused by trauma to her liver due to her failure to buckle up.  The jury found Plaintiff 43% comparative fault and reduced to a net verdict of $1.4M. Read more

Paul S. Jones, Partner and Todd T. Springer, Managing Attorney of the Jacksonville Office received a defense verdict for a wrongful death action in Jacksonville/Duval County involving a teenager who got drunk and drove his car off the highway killing himself. The Plaintiffs offered evidence that the Defendant's bar served alcohol to the decedent minor in violation of Florida Statutes 562.11 and 768.125. The Plaintiffs also offered evidence that the decedent minor became intoxicated as a result and was involved in a single-car accident where he was ejected from his vehicle and sustained fatal head injuries. The decedent minor survived for two days in the hospital before he was declared brain dead. The family had to decide to discontinue their son's life support. The three statutory survivors included the decedent minor's mother, father and three year old son. Read More