Verdicts by Practice Area: General Liability
Managing Partner William Peterfriend, Esq., and Junior Partner Erin O’Connell, Esq., obtained a favorable result in a general liability negligence matter. Plaintiff filed suit against multiple defendants as a result of alleged injuries she sustained in a trip and fall on her own property. She specifically claimed she tripped on a piece of missing or broken sidewalk in her yard, causing her to fall. Defendant G&H Concrete and Sod, Inc. had previously performed work on sidewalks in Plaintiff’s neighborhood. In her deposition, Plaintiff testified that she was tired of seeing debris in her yard and elected to go out and rake it up. While admittedly walking backward and not looking where she was going, she tripped and fell over something. She testified she did not know what she tripped on. Plaintiff further testified that she merely assumed the debris in her yard was from Defendant G&H. Her testimony reflected that the debris was present in her yard prior to when she moved on to the property, and she was aware of it.
Defendant filed its Motion for Summary Judgment, arguing that the alleged dangerous condition caused by the debris in Plaintiff’s yard was open and obvious. Plaintiff was admittedly aware of the debris, admitted she went to rake up said debris, and admitted she was not looking where she was walking as she moved backwards, therefore she was not sure what it was she tripped over. Further, Defendant argued that they owed no duty to the Plaintiff as they were never in possession or control of the premises where the fall occurred, nor had they been in the vicinity of the property for over two months prior to the date of loss. The Court, and Honorable Judge Nicholas Lopane agreed with Defendant, and entered an Order for Final Summary Judgment in favor of the Defendant. Plaintiff initially demanded $250,000.00.
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
Fort Lauderdale Managing Partner William Peterfriend, Esq., Junior Partner Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a Dismissal with Prejudice pending a hearing on motion to strike pleadings for fraud on the court. In the matter styled Romeo Hebert v. Robert Boutin and Walks and Decks, Inc., Plaintiff, Romeo Hebert, claimed damages stemming from an accident in which he flipped over the handlebars of his bicycle in his neighborhood, resulting in injuries to his right hip and right leg. Plaintiff claimed that he was riding his bicycle in his neighborhood and suddenly came upon a forklift owned and operated by Walks and Decks, Inc., causing him to swerve out of the way and crash his bike. Co-Defendant was a neighbor of Plaintiff who was driving around the forklift at the time that Plaintiff crashed his bicycle. Read more
Marc Greenberg, Senior Partner obtained a notice of voluntary dismissal with prejudice in matter styled Jane Doe v. International Airport, et al. Plaintiff was in Terminal 3 of a South Florida International Airport walking to her connecting flight to return home to Texas when a ground transportation operator negligently impacted Plaintiff with a flat-bed luggage cart. Plaintiff sustained a left wrist fracture resulting in surgery, a nose fracture, and various facial abrasions. Her past medical bills were $91,000 at the time of the filing of the lawsuit. Plaintiff’s pre-suit global demand was $450,000. Read more
Fort Lauderdale Senior Partner Dorsey Miller, Esq. prevailed on a Motion for Summary Judgment in Joseph vs. Broward County Sheriff's Office and Israel. Plaintiff brought a 6-Count Complaint against BSO for fraud, breach of fiduciary duty, breach of public trust, preparing a false police report, violation of Plaintiff’s rights under section 1983 and negligent supervision. Plaintiff claimed BSO failed to properly document an incident involving him and a third party at a dog park, which prevented him from obtaining benefits from the Florida Crime Victims’ Fund for his injuries. Read More
Tampa Jr. Partner, Joseph Kopacz, obtained Summary Final Judgment in the matter of Brett Stout v. Desmond Rowden, LLC,, in Hillsborough County in front of Honorable Judge Isom on August 24, 2016. Plaintiff alleged negligence against Desmond Rowden, LLC. following his fall through a skylight on a roofing job in which he was responsible for removing and replacing several skylights on a warehouse building. Read More
Edgardo Ferreyra obtained a dismissal in the False Imprisonment matter styled Shane Burnett v. Defendant Retail Store. The Plaintiff appealed to the Eleventh Cir. Court and the appeal was dismissed. Read More
On February 10, 1999, at 7:00 p.m., Plaintiff was shocked by a four-hundred and eighty volt electrical wire servicing the light poles on the senior field of Defendant Azalea Little League in St. Petersburg. Plaintiff claimed that he had no memory of the manner in which he came into contact with the wire. Plaintiff alleged that Azalea Little League was negligent for allowing a dangerous condition to exist on the premises and that the electrician, Defendant Collins, was also negligent for failing to repair the wire sooner and failing to inspect the field before energizing the wire. Defendants contended and proved at trial that they had no prior knowledge of any dangerous condition and Plaintiff himself knew of the condition and voluntarily exposed himself to the danger by grabbing the wire with his thumb and forefinger. Plaintiff's damages were also disputed. Defendants filed a Proposal for Settlement to Plaintiff Martin for $ 9,000 and to Plaintiff Lynn for $ 1,000. Plaintiffs would not consider any offer below $ 100,000. With pain and suffering, Plaintiffs demanded approximately $ 400,000. Read More