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verdicts

Case:
Plaintiff, as Personal Representative of the Estate of 97-year-old, Deceased v. Jackson Plaza, Inc. d/b/a Jackson Plaza Nursing and Rehabilitation Center
Practice Area:
Attorney(s):
Plaintiff Counsel:
Ford, Dean & Rotondo, PA (William A. Dean; Michael Rotondo)
Result:
Defense Verdict
Summary:
Alleged Nursing Home Negligence; Plaintiff’s demand at trial was $350,000; Jury returned a defense verdict. On July 24, 2023, Managing Partner Michael J. Schwartz, Esq., and Senior Associate Frank Lacourt, Esq., obtained a Defense Verdict in a Nursing Home Negligence matter styled Plaintiff, as Personal Representative of the Estate of 97-year-old, Deceased v. Jackson Plaza, Inc. d/b/a Jackson Plaza Nursing and Rehabilitation Center. Plaintiff filed suit against the Defendant alleging nursing home negligence and violation of resident’s rights. The Defendant claimed that the Nursing Home staff failed to follow the attending physician’s orders to do a chest x-ray STAT, failed to timely report a lab result to the attending physician, and failed to recognize the Resident’s change in condition, resulting in the Resident’s death. The Resident in question was a 97-year-old admitted at Jackson Plaza from Memorial Hospital West after an 11-day admission for pneumonia and generalized weakness. The Resident also had a diagnosis of untreated leukemia. The Resident was admitted at Jackson Plaza for less than 24 hours.

 

At trial, the Plaintiff presented expert testimony from a Family Medicine Doctor who testified: (1) that the attending physician’s orders to do a chest X-ray were ignored by the nursing staff alleging that the order was entered upon admission to the Resident on 4/24/2019 around 3:00PM; (2) that the nursing home staff failed to immediately report the blood labs to the attending physician; and (3) that the nursing staff failed to recognized that the Resident was in respiratory distress. The Defendant presented evidence and expert witness testimony that proved that (1) the chest X-ray order was entered about the time the Resident’s condition changed on 4/24/2019, that the order was followed almost immediately by nursing staff, and that the chest X-ray was not done because the Resident was discharged via Fire Rescue before the mobile X ray company arrived; (2) the blood labs were done as ordered, and the results were received at the Facility’s fax machine 30 minutes before the Resident’s change in condition, and that it was reasonable for the results to take some time to be reported to the attending physician; and (3) the argument that the nurses failed to notice any respiratory distress was purely speculative, and not supported by evidence.  Finally, the Defendant presented evidence that the Resident’s pre-existing comorbidities, including the untreated leukocytosis and previous pneumonia diagnoses, accompanied by the Resident’s advanced age, were the likely causes for the Resident’s change in condition and ultimately death. The Resident’s change in condition was unavoidable, and the Nursing Home was not negligent. The Jury agreed with the Defendant and rendered a verdict in two hours. Plaintiff’s demand at trial was $350,000.00.  Read More.

Case:
Plaintiff v. CWC Transport
Practice Area:
Attorney(s):
Plaintiff Counsel:
Morgan & Morgan (David Henry)
Result:
Favorable Verdict
Summary:
On October 6, 2023, Partners Jim Sparkman, Esq., Meghan Theodore, Esq., and Matthew Moschell, Esq., obtained a favorable verdict in trucking liability matter styled Plaintiff v. CWC Transport. Sparkman (Boca Raton), Theodore and Moschell (Tampa) defended a gasoline tanker company and its driver against a $3 million dollar claim with a cervical disc replacement. The jury found the plaintiff 65% at fault (the defense urged 50%), reduced the medical bills from $125,000 to $95,000, found no permanent injury, and rejected the 57-year-old parks and recreation supervisor’s claim for $171,000 in future life care damages. The team defended this low speed, sideswipe impact that occurred by gas pumps with a neurosurgical CME, an interventional radiological expert, and a biomedical engineer. The Plaintiff presented a chiropractor and a medical doctor, an Oxford trained trauma surgeon, and a life care planner. Read More.
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict on Causation
Summary:

Admitted Liability; $173,000 2-level Cervical Disk Replacement; $618,000 Life Care Plan; Jury Defense Verdict on December 3, 2020.

Partners Chris Moore, Esq., (Stuart) and Jim Sparkman, Esq., (Boca Raton) tried a Post-Covid case to defense verdict in a rear-end accident case. The trial represented the first Post-Covid civil trial in the 19th Judicial Circuit. Before trial, we admitted liability on behalf of the defendants and vigorously defended causation.

Plaintiff called 3 treating medical providers (Dr. Stuart Krost, Dr. Harold Bach and Dr. Michael Hennings) and retained and called a neuro-radiologist (Dr. Eric Pfeiffer) to testify the accident was the cause of plaintiff’s injuries and surgery. Plaintiff incurred over $173,000 in medical bills, stemming primarily from a 2 level cervical disk replacement. In addition, the Plaintiff obtained a life care plan by Dr. Stuart Krost for future medicals in excess of $618,000. Plaintiff contended that he essentially never had prior neck problems and that the few prior medical visits he had with neck pain years prior were temporary, far less severe and he had not treated for more than 2 years prior to the subject DOA.

The defense focused on the property damage photographs and used a mechanical engineer to explain to the jury the low forces involved in the subject incident. In addition, the defense used board certified surgeon Dr. Gaetano Scuderi to opine that image studies did not support any recent injury to the spine from the subject accident, but showed long standing, chronic degenerative changes. The defense expert explained to the jury how the prior disc problems would not heal themselves, but would grow worse over time and lead to the need for the actual disc replacement surgery that occurred in this case. The defense also vigorously challenged plaintiff’s treating physicians on their billing and ownership interest in Ambulatory Surgery Center of Boca Raton, which was allegedly not disclosed to the plaintiff in violation of Florida Law. The defense was able to get a special instruction on Section 456.052, Florida Statutes, which requires surgeons to disclose financial interests that they may have in facilities, such as a surgery center. Read more

Case:
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Attorney(s):
Result:
Favorable Settlement
Summary:

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

Case:
Practice Area:
Attorney(s):
Result:
Summary Judgment
Summary:

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

Case:
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Attorney(s):
Result:
Dismissal with Prejudice
Summary:

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

Case:
Practice Area:
Attorney(s):
Result:
Notice of Voluntary Dismissal with Prejudice
Summary:

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

Case:
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Attorney(s):
Result:
Motion to Strike Pleadings for Fraud on the Court
Summary:

Fort Lauderdale Managing Partner William Peterfriend, Esq., Senior Associate Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq. obtained a favorable result when the court granted Defendant’s Motion to Strike Pleadings for Fraud on the Court.  In the matter styled Sultan v. Verdes Tropicana, Inc.,  Plaintiff, Diane Sultan, was claiming injuries and damages stemming from a slip and fall in a bowling alley due to an alleged malfunction of a Keigel Ion lane machine, which Plaintiff claimed dropped oil when being moved from one lane to the next.  Plaintiff claimed that oil dripped and was the cause of her fall while bowling in a league at the Defendant, Verdes Tropicana, Inc.’s bowling alley. Read more

Case:
Practice Area:
Attorney(s):
Result:
Motion for Summary Judgment
Summary:

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

Case:
Practice Area:
Attorney(s):
Result:
Motion for Summary Judgment
Summary:

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

Case:
Practice Area:
Attorney(s):
Result:
Dismissal of Action
Summary:

In the matter styled McCown v. Defendant Retail Store, Plaintiff tripped and fell over an L-Cart that was left in an aisle by our employee. Plaintiff claimed injuries to her neck and back. Dr. Steven Dutcher of Boca Raton opined that Plaintiff was a candidate for a L4-5 decompressive hemilaminectomy with discectomy and intralaminar stabilization as well as an anterior cervical decompression with fusion at C3-4, 4-5, and 5-6. Read More

Case:
Practice Area:
Attorney(s):
Result:
Motion to Dismiss
Summary:

In the matter styled Reyes v. Defendant Retail Store, Plaintiff filed a lawsuit for conversion, property damages, pain and suffering, and breach of contract resulting from work performed by our client on Plaintiff’s automobile. Plaintiff was seeking more than $26,000 in damages. Read More

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

On June 27, 2018, Managing Partner Dan Santaniello, Esq. and Boca Raton Junior Partner Chris Moore, Esq. obtained a defense verdict in a motor vehicle accident in a negligence case styled Keith Friberg v. Defendant Driver.  Plaintiff claimed he was physically attacked from behind while going to the bathroom at a gentlemen's club by Defendant's friend, then had to leave to avoid further attack by the other friends of the attacker.  Plaintiff testified that he kicked and stomped his attacker in self-defense, then drove away while Defendant Driver and his friends pounded on his car to continue the attack.  After thinking he had successfully avoided further confrontation, Plaintiff testified at trial that he saw Defendant Driver travel across four lanes of traffic on I-95 and ram into his vehicle, causing both vehicles to crash into the concrete barrier at 70 mph, and skid about 100 yards, totaling both vehicles and causing all of the airbags in Plaintiff's vehicle to go off.  Read More

Case:
Practice Area:
Result:
Summary Judgment
Summary:

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

Case:
Practice Area:
Attorney(s):
Result:
Final Judgment
Summary:

Boca Raton Partner William Peterfriend, Esq. and Associate Erin O’Connell, Esq. prevailed in Final Judgment in a PIP matter styled East Coast Medical Rehab, Inc. a/a/o Reyna Terrero v. State Farm Mutual Automobile Insurance Company. Read More

Case:
Practice Area:
Result:
Final Summary Judgment
Summary:

Boca Raton Associate Jordan Greenberg, Esq. received a Final Summary Judgment in the premises liability matter styled Wise v. Defendant Store.  This matter arose from Plaintiff’s allegations that she was injured by being struck by an electric pallet jack operated by a store employee in the electronics action alley on “Black Friday.”  Read More

Case:
Practice Area:
Attorney(s):
Result:
Motion to Strike Plaintiff's Pleadings for Fraud on Court: Slip and Fall
Summary:

Boca Raton Senior Partner Marc Greenberg obtained a favorable result in the premises liability matter styled John Doe v. Retail Store. Plaintiff’s Complaint asserted that he slipped and fell on liquid on the Defendant’s premises, resulting in significant and permanent injuries to his dominant right hand. During the infancy of discovery Plaintiff stated that he had never injured his right hand before the subject incident. Read More

Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Motion for Judgment
Summary:

Boca Raton Senior Partner Marc Greenberg obtained a favorable result when Defendant’s Motion for Judgment on the Pleadings was Granted in  the property damage and conversion matter styled Holbrook v. Defendant Premises Owner. Plaintiff’s last demand was $200,000. Defendant served a Proposal For Settlement and has been granted entitlement to attorney fees and costs. Plaintiff’s appeal is pending, which has been denied twice by the United States Supreme Court. Read More

Case:
Practice Area:
Result:
Dismissal with Prejudice
Summary:

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

Case:
Practice Area:
Result:
Defense Verdict
Summary:

Orlando Managing Partner Paul Jones and Partner Farrah Fugett-Mullen received a defense verdict in the slip and fall matter styled Demce Demce v. Defendant Retail Store on June 16, 2016 in Palm Beach County.  Plaintiff alleged he slipped and fell on water in the cart vestibule area as he was entering the store. Read More

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict Roofing Construction Defects
Summary:

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

Case:
Practice Area:
Attorney(s):
Result:
Motion for Summary Judgment
Summary:

Boca Raton Senior Partner Marc Greenberg was granted Defendant’s Motion for Summary Judgment in Palm Beach County in the premises liability matter styled Smith, Renelle v. Defendant Retail Store.  Plaintiff  claims to have slipped and NOT fallen due to water on the floor dripping from the ceiling. Read More

Case:
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:

Boca Raton Senior Partner Marc Greenberg received a Final Summary Judgment in a slip and fall matter styled Klein v. Defendant Store and John Doe. The lawsuit arose when eighty one year old Plaintiff, a patron in Defendant Store alleged he slip and fell on a liquid substance near the drinking fountain. Plaintiff alleged blood clots in the lung, hip fracture and facial lacerations and underwent two surgeries. Read More

Case:
Practice Area:
Result:
Summary Judgment
Summary:

Boca Raton Associate Jordan Greenberg obtained a Final Summary Judgment on June 26, 2015 in a negligent security matter styled Lynn Cannon, as PR of the Estate of Garrett Egan Cannon v. Villa San Remo HOA  and Hawk-Eye Management, in the Fifteenth Judicial Circuit (Palm Beach County).  The 25 year old decedent died after a night with his friends in the clubhouse parking lot of the Defendant homeowner’s association, during which plaintiff indulged in a cocktail of illegal drugs, including, cocaine, bath salts and LSD.  Read More

Case:
Practice Area:
Attorney(s):
Result:
Motion for Final Summary Judgment
Summary:

Anthony Merendino, Senior Partner in the Boca Raton office was granted a Motion for Final Summary Judgment and Judgment in favor of Defendant in a fall from overhead case styled Velez v. Defendant Retail Store in the United States District Court Southern District of Florida on March 11, 2015.  Plaintiff, a customer at Defendant Store alleged that he was attempting to retrieve a 4x4 piece of lumber off of a shelf when a metal safety rail fell on his head due to being defective, alleging negligence, including failure to warn, which resulted in serious bodily injury.  Read More

Case:
Maria Del Carmen Roberto, et al. v. Four Points Property Management, Inc., et al.
Practice Area:
Attorney(s):
Result:
Dismissal
Summary:
SUMMARY. Read More
Case:
Lavoy v. EMCOR Facility Services, Inc.
Practice Area:
Result:
Final Summary Judgment
Summary:
SUMMARY. Read More
Case:
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:

Anthony Merendino, Junior Partner of the Boca Raton office of Luks, Santaniello, Petrillo & Jones obtained a Final Summary Judgment in a false arrest case styled Rose M. Cortez vs. Defendant Retail Store in the United States Southern District of Florida on January 31, 2013.  It was alleged that Defendant store wrongfully caused Plaintiff, a cashier at the subject Defendant store, to be arrested after  Defendant store conducted an investigation into allegations that Plaintiff was allowing customers to leave the store without paying for merchandise in exchange for cash tips.  Plaintiff brought a four (4) count Complaint for False Imprisonment, Abuse of Process, Intentional Infliction of Emotional Distress, and Negligence.  Read More

Case:
Ninfa Diaz v. Loving Tender Pediatrics
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Daniel Santaniello, Managing Partner and Anthony Merendino, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a slip and fall case styled Ninfa Diaz v. Dr. Griselda Grullon d/b/a Loving Tender Pediatrics in Palm Beach County on November 1, 2012. Plaintiff demanded $600,000 at trial. The jury deliberated less than 10 minutes before rendering a defense verdict. Plaintiff Diaz claimed that she slipped and fell on water inside of her granddaughter’s pediatrician’s office. Plaintiff alleged that as a result of the accident, she suffered multiple disc herniations in her cervical spine at C3-4, C4-5, and C6-7, and in her lumbar spine at L5-S1. Plaintiff underwent a bilateral decompression lumbar laminectomy, facetectomy and foraminotomy in her lumbar spine at L5-S1, as well as a bilateral microdiscectomy at L5-S1 performed by Dr. Yonas Zegeye.  Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

Daniel J. Santaniello, Managing Partner and Marc Greenberg, Junior Partner of the Palm Beach office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability dog bite case styled Dina Brown, et al. v. Pipers Cay Condominium Association, Inc., et al in Palm Beach County, April 2, 2012. The case involved a minor Plaintiff who was bit by a pit bull on the insured's property in November of 2007. The Association Prospectus prohibited pit bulls from being on the premises at anytime. Read More

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
PIP case seeking in excess of $150K in fees, Lee County, Daniel Santaniello and Andrew Chiera, Defense Verdict, August 31, 2011. Read More
Case:
Practice Area:
Attorney(s):
Result:
Settled
Summary:

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

Case:
Practice Area:
Result:
Settled
Summary:

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

Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Defense Verdict
Summary:
Malicious Prosecution, Okeechobee County, Daniel Santaniello and Anthony Merendino, Defense Verdict, 10/5/2010. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

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

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Mong & Harp v. Defendant Store, False Imprisonment and Malicious Prosecution claims, Palm Beach County, Daniel Santaniello and Anthony Merendino, 4/8/2010. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Jury found in favor of the Defendant on all counts on January 21, 2010. Federal Insurance Company filed a lawsuit in Federal court (Southern District of Florida) against our client, Bonded Lightning Protection Systems, Inc. Plaintiff claimed that  the Defendant improperly installed a lightning protection system in a mansion known as "Casa Amado" in 2005 during significant, ongoing renovations. On July 21, 2007, Plaintiff claimed that lightning struck a lightning rod on the top of Casa Amado and failed to deflect the strike safely to ground, resulting in a fire. Plaintiff claimed that Defendant improperly installed a lightning protection system in violation of the National Fire Protection Association standards (NFPA 780). The Defendant claimed the lightning struck near the subject home and energized unbonded wiring in the basement of the home and that the lightning protection system was properly installed. Plaintiff claimed that the damages that resulted from the fire cost in excess of $9.3 million to repair and/or rebuild. Plaintiff asserted causes of action for negligence , breach of contract, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose , and strict products liability. Read More
Case:
Hazen v. Defendant Store
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Attorney(s):
Result:
RESULT
Summary:
SUMMARY. Read More
Case:
Anthony D’Amato v. Florida Insurance Guaranty Association, Inc.
Practice Area:
Attorney(s):
Result:
Summary Judgment
Summary:
SUMMARY. Read More
Case:
Practice Area:
Attorney(s):
Result:
Settled
Summary:
$2M demand at trial, case settled for fraction of demand, $30K. Plaintiff trucker assisted in load by our insureds. The equipment loaded dislodged from the dolly, fell over and drove Plaintiff trucker’s head and left shoulder into the sidewall of trailer. Plaintiff required full back fusion surgery. Social Security awarded permanent total disability. Defense showed Defendant insured was not the cause of incident and injuries were pre-existing. Read More
Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Directed Verdict on behalf of Defendant
Summary:
SUMMARY. Read More
Case:
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Attorney(s):
Result:
$750,000 sought, only $6 awarded
Summary:
1 week trial. Plaintiffs vehicle collided with over turned tractor trailer on I-95 Northbound . Plaintiff asked jury for over $340K. Jury found Plaintiff 95% comparative negligence and Defendant 5%. Defendant Anderson was driving his tractor trailer Northbound on I-95 when he claimed that his rig was pushed off the road by a strong wind. Defendant over­ corrected and rolled his tractor trailer onto I-95 blocking both north bound lanes. The only part of the tractor trailer visible to oncoming traffic was the undercarriage of the truck. Read more
Case:
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Attorney(s):
Result:
Defense Verdict
Summary:
Defense verdict Palm Beach County (6/10/09) for slip and fall (water spill) incident that occurred on “Black Friday”, November 28, 2003 in the food court of Defendant Mall. Plaintiff requested $1.2M during closing arguments, representing compensation for wage losses, medical bills, future medical treatment and pain and suffering. The case, originally tried in January 2009, resulted in a mistrial. Following the first trial, the Defendant filed a Proposal for Settlement to Plaintiffs, which was rejected by virtue of Plaintiffs' failure to accept same within 30 days of service. Plaintiff's injury was limited to her right knee, including ACL and MCL tears which eventually resulted in surgery in September 2007. Read More
Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Defense Verdict
Summary:
Plaintiffs filed a third-party claim against Defendant. The claim arose from a vehicle accident that involved Michael Sonsini and Plaintiff Leon Hill. Mr. Sonsini was insured by State Farm. Plaintiff Leon Hill was the owner of the vehicle involved in the accident with Mr. Sonsini. Read More
Case:
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Attorney(s):
Result:
Judgment was entered in favor of the Defendant.
Summary:
Paul Jones, Partner and Marc Greenberg, Associate, received a big win February 7, 2008 on a motor vehicle accident matter where the judge granted Plaintiff’s motion for directed verdict on liability. Plaintiff asked the jury for over $250,000. Plaintiff presented evidence of past lost wages of $60,000 with a continuing wage loss of $20,000 per year. Plaintiff’s past medical expenses were over $35,000. After proceeding through the intersection of Military Trail on Okeechobee Boulevard, rush hour traffic came to a stop. Plaintiff was rear-ended by Defendant and pushed into the car in front of him. Plaintiff had his right hand on the steering wheel at the time of the significant rear impact. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

Daniel J. Santaniello, Managing Partner and William J. Peterfriend, Associate received a win for a slip and fall incident April 27, 2007.  Plaintiff alleged Defendants failed to properly maintain and inspect the stairs outside Plaintiff’s condominium unit, thereby allowing leaves and sap to accumulate.  Plaintiff claimed to have fallen as a result of slipping on wet leaves and sap after a rainfall the night before the morning of the incident. Plaintiff alleged that as a result of the subject accident, she fractured her left elbow. Defendant maintained that maintenance procedures were adequate and Plaintiff failed to provide any proof of leaves ever existing or accumulating on the steps, in the form of either testimony or photographs.  Plaintiff demanded $100K immediately prior to trial The Jury returned a verdict in favor of the Defendant finding that that there was no negligence on the part of either Defendant. Read More

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
On October 26, 2004, Defendant Andrew allegedly failed to yield the right-of-way at the intersection of Central Industrial Drive and Prospect Avenue in Riviera Beach. Plaintiff was stopped at a stop sign and proceeded through the intersection when Andrew swerved into the opposite lane of travel, striking Plaintiff. Defendants denied liability, maintaining that Andrew had no stop sign and thus had no obligation to yield the right-of-way to Plaintiff.  Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

Daniel Santaniello and Marc Greenberg obtained a defense verdict for a vehicular liability case on February 15, 2007 when the Jury found that the Defendant was not the legal cause of loss, injury or damage to the Plaintiff. The Plaintiff, a thirty (30) year old Accountant, filed suit alleging that on April 30, 2001 the Defendant, Miguel Hidalgo, rear ended her at a moderate rate of speed on Okeechobee Blvd. in West Palm Beach. The Defendant admitted liability, but alleged that the moderate-impact accident was not the legal cause of loss, injury or damage to the Plaintiff. The Plaintiff maintained that the injury to her neck was permanent, and left her unable to enjoy life, effecting her ability to engage in physical activities, and maintain relationships with co-workers, friends, and family. Read More

Case:
Preziosi v. La Paloma Group
Practice Area:
Result:
Cause of Action Dismissed
Summary:
SUMMARY. Read More
Case:
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Attorney(s):
Result:
Final Judgment
Summary:

Daniel Santaniello, Managing Partner received a Final Judgment in favor of Defendants on February 14, 2006 in Miami-Dade County. Plaintiff alleged that she was proceeding west though the green light at the Intersection of Bird Road and 67th Avenue, at which time she was struck by Defendant, Carlos Rodriguez. Plaintiff claimed that she sustained neck, back and shoulder injuries (i.e., Wedge Fracture at mid back; Disc Space Narrowing at LS-S1; Reversed Spondylolisthesis of L4-5, L5-S1; Right Shoulder Thecal Sprain). Plaintiff further alleged that Defendant was the sole cause of the accident through his negligence by entering the subject intersection against a red light for his direction of travel. Rodriguez and a non-party witness called by Defendant’s Counsel both testified that Rodriguez had a green light and that Manas ignored the red signal, thus causing the accident. The Jury found in favor of Defendants on liability that the Defendant was not negligent in causing the subject accident. Read More

Case:
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Attorney(s):
Result:
Defense Verdict
Summary:

Daniel J. Santaniello, Partner received a defense verdict for a motor vehicle accident which occurred on June 17, 2004. Plaintiff alleged she was proceeding west though the green light at the Intersection of Northwest 6th Street and Northwest 2nd Avenue, at which time she was struck by Defendant, Earnest Daniels, who was ticketed for the accident. Plaintiff further alleged that Defendant was the sole cause of the accident through his negligence by entering the subject intersection against a red light for his direction of travel. Plaintiff claimed she was a 22 year old female with no prior back or neck complaints, when she was struck violently and taken to the hospital. She was treated for 2 years and had a positive MRI for 2 level bulging disks. Read More

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Motion to Dismiss for Fraud on the Court
Summary:
Daniel Santaniello and Bill Peterfriend won a rare Motion to Dismiss for Fraud on the Court in Palm Beach County a week before trial was set to begin on a $ 2 Million dollar claim. Plaintiff filed suit alleging that on February 23, 1998, she was riding in a jog cart behind her horse at Sunshine Meadows Equestrian Village when a Sunburst Sanitation Waste Vehicle came onto the property to pick-up a dumpster, spooked her horse, causing the horse to go out of control. Plaintiff later changed her story to claim that Sunburst’s vehicle hit her jog cart, causing it to tip over and causing the Plaintiff’s injuries. Plaintiff had several back surgeries and received total Social Security Disability and was demanding $2 million. Based upon the change in story, the Defense argued that the Plaintiff's case should be stricken for fraud on the Court. The court entered an order granting the Motion, holding that Plaintiff lied under oath regarding how the accident occurred, resulting in spoliation of evidence and prejudice to the Defendants. Read More
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Defense Verdict
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This case involved a lawsuit alleging Whistleblower violations and violations of the U.S Constitution and USC 1983. Plaintiff sought relief under theories of breach of contract, declaratory relief, whistle blower protection pursuant to the Florida Statutes and denial of free speech pursuant to 42. U.S.C. 1983. Defendant moved for summary judgment which was granted as to Plaintiff's claim for breach of contract and declaratory relief. The jury returned a verdict for the Defense. The Court has denied Plaintiff's Motion for New Trial and Defendant's Motion for Attorney's Fees and Costs is pending. Read More
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Miehl v. Mall
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Defense Verdict
Summary:
On December 1, 2002, Plaintiff was at Defendant's mall in Miami. Plaintiff allegedly slipped and fell on water that had spilled on the floor. Plaintiff claimed that security knew the water was there and failed to warn. Defendant alleged that a security officer warned Plaintiff and was very vocal about it, screaming at her not to walk there. Read More