Skip to main content

verdicts

Case:
Orlando Water Mitigation, LLC a/a/o Nino Garboza & Annamora Vargas v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Louis Law Group, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Associate Taylor Montanari, Esq., secured a dismissal with prejudice in the matter styled Orlando Water Mitigation, LLC a/a/o Nino Garboza & Annamora Vargas v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Chamile Rosa. V. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Krapf Legal, P.A.
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., and Associate Taylor Montanari, Esq., secured a dismissal in the matter styled The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Chamile Rosa v. Defendant Insurance Company. Plaintiff filed suit pursuant to an assignment of benefits alleging that Defendant breached the insurance contract by denying coverage for its claim for payment for the preparation of an engineering report. Defendant filed its Motion for Final Summary Judgment, contending that the preparation of an engineering report was not covered by the policy, and that Plaintiff’s purported assignment agreement failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. Plaintiff dismissed the case, and reimbursed Defendant for the costs incurred defending the case. Read More.
Case:
You Restoration LLC a/a/o Ali Althis Bastardo v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Florida Insurance Law Group, LLC.
Result:
Defense Verdict
Summary:
Fort Lauderdale Junior Partner Jeremy Fischler, Esq., secured a dismissal in the First-Party Property matter styled You Restoration LLC a/a/o Ali Althis Bastardo v. Defendant Insurance Company. Defense filed a Motion for Summary Judgment in which it argued that the Defendant made full payment under the Policy’s Managed Repair Program. Specifically, the Plaintiff performed water mitigation services on behalf of the Insured, and received a partial payment after carrier review of the estimate. The Insured thereafter rejected the carrier’s offer to utilize the Managed Repair Program, thereby limiting the claim under the Policy to $10,000.00. The carrier sent the balance of the Policy limits to the Insured. Plaintiffs argued that this payment, made after the carrier was notified of the water mitigation services, could not have discharged the carrier’s obligations to pay the full invoice presented by Plaintiffs. The day before the hearing, Plaintiffs advised that they would abandon the case and submitted a dismissal. Read More.
Case:
Bobbili v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
David Low & Associates
Result:
Dismissal with Prejudice
Summary:

Junior Partner Matthew Wendler, Esq., obtained a dismissal with prejudice in First Party Property matter on January 2, 2022, the eve of trial, putting an end to the litigation that had been ongoing for over two years. The complaint in Bobbili v. Defendant Insurance Company was filed in July 2019, following Defendant’s denial of the insureds’ claim for water damage and mold on the basis of long-term leakage or seepage. Before suit was filed, Defendant was unable to determine the specific cause and origin of the loss because the insureds opted not to retain a contractor to cut out the affected drywall to repair the system or appliance from which the leak emanated. After suit was filed, Plaintiffs did not mitigate their damages: they did not retain a contractor to fix the leak, so it continued to cause damage to their home.

Following the depositions of the plaintiffs’ general contractor and engineer, Defendant timely filed a motion for summary judgment. Due to the court’s unilateral cancelation of the special-set hearing on the motion, Defendant was unable to have it heard prior to trial. Plaintiffs’ opposition to the motion included an affidavit signed by one of the plaintiffs crafted in a manner to create a factual issue for trial, to suggest that the loss resulted from a faulty December 2017 repair such that all ensuing damages relating to the March 2018 claim would be covered under the policy.

When the parties exchanged exhibits, Plaintiffs produced two photographs that had not previously been produced in discovery. Defendant suspected that the photographs were not taken in December 2017 (as suggested in the affidavit used to oppose the motion for summary judgment) and requested Plaintiffs to produce the original photographs so the metadata could be analyzed. Upon receipt of the original photographs, produced two days before trial, the metadata showed that the photographs were taken almost a year before what had been represented in the affidavit. Upon discovery of this information, Defendant informed Plaintiffs and offered to not pursue fees and costs from the long-expired nominal proposals for settlement if Plaintiffs filed a notice of dismissal with prejudice. Plaintiffs filed the notice of dismissal with prejudice on January 2, 2022, the eve of trial, putting an end to the litigation that had been ongoing for over two years.

Case:
Timothy and Dorothy Maxwell v. Centauri Specialty Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Weil, Snyder & Ravindran, P.A. (Marguerite Snyder, Esq.); Nation Law Firm (Mark Nation, Esq.)
Result:
Summary Judgment Upheld
Summary:

In matter styled Timothy and Dorothy Maxwell v. Centauri Specialty Insurance Company, after approximately two years of extensive litigation and appeals, Junior Partners Jonah Kaplan, Esq., and Edgardo Ferreyra, Esq., successfully obtained a ruling by the 4th DCA upholding a Broward Court Order granting Centauri’s Motion for Summary Judgment, which capped the Plaintiffs’ damages from a plumbing loss to $10,000 based on Centauri’s Limited Water Damage Coverage endorsement. Accordingly, the 4th DCA upheld the summary judgment that the $10,000 cap includes “tear out” and access costs.

Prior to the lawsuit, Centauri issued payment to the Plaintiffs for the alleged loss in the amount of $10,000. Plaintiffs alleged they were entitled to recover for “tear-out” based on the Policy. The Plaintiffs’ pre-suit demand on May 24, 2019 was $235,000. After Centauri prevailed at Summary Judgment, the Plaintiffs retained additional counsel (Mark Nation) to handle their appeal. Mr. Nation is a well- known hired gun for First Party Plaintiffs’ lawyers.

We note that on February 18, 2022, the 5th DCA in Security First v. Vazquez, ruled specifically that “tear out” was not include in the limited water damage coverage endorsements. Accordingly, homeowners in the 5th DCA can seek recover for “tear-out” costs. Thus, the district courts appear to be split regarding the application of Property insurers’ limited water damage coverage endorsements.

Our litigation and appellate team saved the carrier several hundreds of thousands of dollars on this claim. Furthermore, this is a groundbreaking ruling, which can be utilized by property insurance carriers in the 4th DCA that have similar limited water damage coverage endorsements.

Case:
Mary Pravato v. G&H Concrete and Sod. Inc. and Sun. Communities, Inc.
Practice Area:
Attorney(s):
Plaintiff Counsel:
Wolfson Law Firm (Jonah Wolfson)
Result:
Summary Judgment
Summary:

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.

Case:
Reid v. Whitehall Condominium of Pine Island Ridge II Association, Inc.
Practice Area:
Attorney(s):
Result:
Voluntary Dismissal with Prejudice
Summary:

Fort Lauderdale Senior Partner David Rosinsky, Esq., obtained a favorable result in condo association claim when Plaintiff voluntarily dismissed the action 30 days before trial to avoid a judgment and possible lien on her unit. Plaintiff condo owner claimed the Association failed to maintain the common elements and caused water intrusion into her unit. Plaintiff had new hurricane impact windows installed in her unit in November 2016, which subsequently began to leak in January 2019 due to improper installation. Plaintiff was insistent that it was caused by a roof leak even though her unit was located on the third floor of a four story building and the water entered through her windows. She also speculated that it was caused by power washing of the building when water purportedly came in through her windows three days after the building was power washed. Plaintiff was seeking to recover over $100,000.00 for alleged damages and fees. Plaintiff failed to produce any evidence supporting her claims. A pre-suit offer of settlement was made by the carrier and a Proposal for Settlement was served at the beginning of the case, which were rejected. Her attorney subsequently withdrew as counsel. We had an MSJ pending when Plaintiff hired new counsel. Case was set for trial January 18, 2022. Plaintiff voluntarily dismissed the action 30 days before trial to avoid a judgment and possible lien on her unit.

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

After a 4 day trial in federal court, the jury returned a verdict of $1.00 on November 10, 2021 in an excessive force matter styled Slayden v. Castro, et al. 

Ft. Lauderdale Managing Partner Dorsey Miller and Senior Partner Frank Sato obtained this favorable verdict in the United States District Court for the Southern District of Florida. The Plaintiff, an inmate at the Broward County Main Jail, alleged that he was attacked by two BSO deputies in the early morning hours of August 7, 2018. The Plaintiff claimed that approximately 3 hours before the incident, one of the deputies covered one of two windows on his cell to conceal the attack from the surveillance cameras. Conversely, the Defendant deputies argued that the Plaintiff’s window was covered because he had exposed himself through that window to female officers working in the Control Booth of Plaintiff’s unit on multiple occasions, including the evening before the alleged incident. In retaliation, the Plaintiff attempted to flood his cell with water. After shutting the water off, the officers entered Plaintiff’s cell, at which point they were attacked by the Plaintiff. The officers defended themselves by using strikes and O.C. pepper foam and were ultimately able to subdue Plaintiff and handcuff him. He was then escorted to the vestibule area where he was treated for minor injuries. No other force was used and the deputies were not injured.

The Defendants argued that the force used was not excessive and that they were fully justified in their use of reasonable force based upon BSO policy and procedure and applicable provisions of Florida law. Defendants also argued that any alleged injuries sustained by Plaintiff resulted from his use of violence in resisting the aforementioned lawful actions of the Defendants, and/or from several subsequent altercations in which Plaintiff was involved. Based upon Plaintiff’s testimony on direct examination, the Defendants were able to introduce evidence that Plaintiff had a prior felony conviction for resisting arrest with violence and that he continued to expose himself even after the alleged incident. Defendants also argued that the Plaintiff sustained no permanent injuries as a result of the alleged incident, nor any sequelae from those alleged injuries. After six and a half hours of deliberation, the jury returned a verdict of $1.00. Read more

 
Case:
George Acevedo v. Fitzgerald Auto Sales and Celia T. Fitzgerald
Practice Area:
Attorney(s):
Result:
Dismissal with Prejudice
Summary:

Fort Lauderdale Managing Partner, William Peterfriend, Esq., and Boca Raton Junior Partner, Erin O’Connell, Esq., obtained a Dismissal with Prejudice following a hearing on Defendants’ Motion to Strike Pleadings. In the matter styled George Acevedo v. Fitzgerald Auto Sales and Celia T. Fitzgerald, Plaintiff, George Acevedo, claimed damages stemming from a motor vehicle accident and alleging negligence against the driver, Celia Fitzgerald, and vicarious liability against Fitzgerald Auto Sales. Plaintiff claimed injuries to his neck, low back and left shoulder as a result, and initially demanded $250,000. 

Defendants’ sought to have Plaintiff examined by their expert through a Compulsory Medical Examination, which was mutually coordinated and scheduled with Plaintiff and his attorney. After Plaintiff’s failure to appear, Defendants’ obtained an Order on their Motion to Secure a Compulsory Medical Examination. Defendants diligently documented all communications with Plaintiff’s counsel in attempting to set and hold the CME, yet, once again, Plaintiff failed to make himself available for examination. As it was apparent that Plaintiff refused to cooperate in litigation, Defendants filed their Motion to Strike Pleadings. On June 17, 2021, the Honorable Judge Kastrenakes entered an Order Granting Defendants’ Motion to Strike Pleadings, striking Plaintiff’s Complaint, and Dismissing the Case With Prejudice due to multiple intentional and willful violations of Court Orders directing compliance with discovery obligations by the Plaintiff. Read more.

Case:
Practice Area:
Attorney(s):
Result:
Reversal of a Trial Court’s Order
Summary:

In Katz-Luongo v. Amortegui, 3D19-1852 (Fla. 3d DCA April 8, 2020), Appellate Partner Daniel Weinger successfully obtained a reversal of a trial court’s order denying a motion to quash service of process.  In the written opinion, the appellate court agreed with Mr. Weinger’s argument that the plaintiff failed to meet her burden of establishing substitute service of process through service on the defendants’ roommate at an address the defendant maintained but where, according to the roommate, she was not living at the time of service. Read more

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

Partners Jonah Kaplan, Esq., and Jeremy Fischler, Esq., received a good result in a First-Party Property matter when just prior to the hearing on the Motion for Summary Judgment, Plaintiff filed a Voluntary Dismissal with Prejudice. The lawsuit in matter styled State 2 State Restoration a/a/o Gabriel Rodriguez v. Centauri stemmed from a homeowner’s claim for water damage from a plumbing loss.The Plaintiff a third party vendor performed water mitigation as a result of a plumbing leak at the insured’s Property pursuant to an assignment of benefits.  The policy contained a Water Damage Exclusion Endorsement that excluded coverage for damages caused by plumbing leaks. Read more

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

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

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict of No Liability
Summary:
On January 16, 2020, Junior Partner Franklin Sato, Esq. obtained a defense verdict of no liability in a slip and fall matter styled Hossein Tabarestani v. Defendant Store. The demand at trial was $985,000.  This case arises out of an incident occurring on January 7, 2018 at the Defendant Wholesale Store in South Carolina. On that evening, Plaintiff was delivering a load of goods to the store when he slipped and fell on snow and ice in the loading dock. Earlier in the day both at the store and on Plaintiff’s route to the same, it had snowed in and around Bluffton, which accumulated on the ground. Immediately prior to his fall, Plaintiff had parked his truck and walked around the snow and ice that had accumulated on the ground for approximately 10 minutes while delivering his load. Plaintiff denies that he walked on the snow and ice prior to the incident. Plaintiff alleged that Defendant failed to remove the snow and ice and otherwise failed to maintain its loading dock in a reasonably safe condition. Read more
Case:
Practice Area:
Attorney(s):
Result:
Motion for Summary Judgment
Summary:
On October 18, 2019, Pensacola Managing Partner Gary Gorday, Esq. presented oral argument on Defendant’s Motion for Summary Judgment in Dwyer v Gulf Coast, a case involving a fall by a disabled person outside of an office building.  The Motion for Summary Judgment was authored by Appellate Partner, Daniel Weinger, Esq.  The Plaintiff exited a vehicle, which was parked in a handicap space, from the passenger side. The driver of the vehicle did not observe the actual fall and there were no eye witnesses as the Plaintiff is a disabled person suffering from dementia and did not even recall the accident. 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 September 11, 2019, Fort Lauderdale Junior Partner Franklin Sato, Esq. and  Appellate Partner Daniel Weinger, Esq. obtained a good result when court granted motion for summary judgment in matter styled Martinez, Altagracia vs. Emerald Lake Office Center. Plaintiff was an invitee of one of the commercial condominiums tenants. As she is making her way down from the second floor to the first, Plaintiff slipped and fell due to water on stairs that was only partially covered from the elements. As a result Plaintiff sustained both lumbar and cervical injuries to her spine. Read more

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
On March 17, 2017, Dan Santaniello and Dorsey Miller received a defense verdict after seven figure offer–fees recoverable – triple surgery case with liability (Miami-Dade) in premises liability matter styled Virginia Martinez v. Chanel, Inc. Plaintiff had over $606,000 in past medical expenses and her physiatrist, Dr. Craig Lichtblau, estimated that her future medical care and treatment would cost upwards of $850,000. Read More
Case:
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary

On August 29, 2018, Fort Lauderdale, Senior Associate Allison Janowitz, Esq. prevailed on a Motion for Summary Judgment in a trip and fall matter styled Lisa Ruggiero v. Simon Property Group, Inc. This matter involved an alleged trip and fall at Boca Town Center, where Plaintiff alleged that as a result of tripping over roots she sustained an evulsion fracture requiring an open reduction ankle surgery. The Motion for Summary Judgment was based on the fact that Plaintiff cut through bushes in front of the Mall, and tripped over a tree root which was found among the bushes. Read More.

Case:
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:
Allison Janowitz, Esq. also prevailed on a Motion for Final Summary Judgment fall titled Lynne Gewant v. Simon Property Group, Inc. and One Blood, Inc. This matter involved an alleged Fall at Town Center at Boca Raton. Plaintiff alleged that she sustained extensive dental and jaw damage as a result of the fall. Motion for Final Summary Judgment was based on the fact that the Town Center did not have owe a duty to the Plaintiff for any medical issues that arose after having given blood. Plaintiff claims that because One Blood was allowed to park in the Mall’s Parking Lot, the Mall was responsible for everything and anything that happened as a result of an individual giving blood. Read More
Case:
Practice Area:
Attorney(s):
Result:
Voluntary Dismissal
Summary:

Dorsey Miller, Esq. obtained a voluntary dismissal in the Premises Liability matter styled Coral v. BodyTek Fitness. Plaintiff fell and broke her arm while performing the “box jump” at Defendant’s gym.  Plaintiff signed a waiver giving up her right to sue and Defense filed an MSJ based on that waiver. Read More

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

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

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

Fort Lauderdale Senior Associate Allison Janowitz, Esq. prevailed on a Motion for Summary Judgment and  Motion for Sanctions for Fraud on the Court in a trip and fall matter styled Liliana Yanez v. Defendant Mall.  This matter involved an alleged Trip and Fall at Boynton Beach Mall.  Plaintiff alleged that she sustained extensive dental damage as a result of the fall.   The Motion for Summary Judgment was based on the fact that the wrong entity was named in the Complaint.  Read More

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

Senior Partner Aaron Wong obtained a favorable result for our client, Clarendon National Insurance Co., when the appellate court affirmed the trial court’s Final Judgment in Clarendon’s favor on November 18, 2016, denied Appellant’s Motion for Rehearing on January 9, 2017, and the Third District Court of Appeals ultimately denied Appellant’s Petition for Writ of Certiorari on February 9, 2017 in the auto liability matter styled Mark J. Feldman, P.A., Appellant v. Clarendon Nat’l Ins. Co., Appellee. Read More

Case:
Practice Area:
Result:
Summary Judgment
Summary:

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

Case:
Maryann Carter v. Coconut Point Town Center LLC
Practice Area:
Result:
Summary Judgment
Summary:

Fort Lauderdale Senior Partner Zeb Goldstein prevailed on summary judgment in the trip and fall matter styled Maryann Carter v. Coconut Point Town Center LLC.   on December 12, 2016 in front of Circuit Judge Elizabeth Krier in Lee County.  On the date of loss, Plaintiff was visiting the Target store at Coconut Point Mall when she tripped and fell on a grocery cart corral curb, sustaining injuries to her neck, back and most significantly, her teeth. Read More

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

Founding Partner Jack Luks and Associate Allison Janowitz received a $4,500 net verdict on a slip and fall matter styled  Michelle Santovito v. Defendant Store on October 21, 2016. Defense served a Proposal For Settlement and has filed a Motion for Entitlement of Attorneys’ Fees and Court Costs.  Plaintiff Santovito, was walking in Defendant Store when she stepped in a liquid substance, and slipped and fell several steps later. Read More

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

Managing Partner Dan Santaniello and Fort Lauderdale Partner Allison Janowitz received a defense verdict on June 16, 2016 in the slip and fall matter styled De Jesus, Luciano v. Defendant Retail Store when jury found no negligence on behalf of the Defendant. Plaintiff alleges that he was walking through the lighting area of the store, when he slipped and fell, landing in the dark liquid on the floor.  Read More

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

Fort Lauderdale PIP Partner Jairo Lanao prevailed on a Motion for Summary Judgment on Benefits Exhaustion in the matter styled Fountains Therapy Center v. State Farm.   Plaintiff argued there was a gratuitous payment as a late bill was paid to another provider.  The Court agreed with Defendant that Plaintiff needed to have filed a reply to our Affirmative Defenses in order to claim a gratuitous payment. Read More

Case:
Practice Area:
Result:
Summary Judgment
Summary:

Fort Lauderdale Senior Partner David Lipkin received a Summary Judgment in a general negligence matter styled Moran v. Beach Bars USA and El-Ad FL Beach LLC.  This lawsuit arose from an incident at Dirty Blondes Bar in Ft. Lauderdale where the Plaintiff alleges he was assaulted after a dispute concerning the payment for drinks. Plaintiff alleged lumbar and cervical injuries and underwent lumbar fusion. Plaintiff incurred in excess of $116,000 in medical bills and was also making a lost wage claim. Read More

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

Fort Lauderdale Junior Partner Doreen Lasch prevailed on appeal in matter styled Ruimy v. Beal. Plaintiff appealed a directed verdict entered in favor of owner of vehicle on plaintiff’s direct negligence claim and a defense jury verdict on plaintiff’s claim of vicarious liability against owner under the dangerous instrumentality doctrine. Read More

Case:
Leon, Arthur vs. Simon Property Group, Inc. d/b/a Sawgrass Mills Mall
Practice Area:
Attorney(s):
Result:
Motion for Final Summary Judgment
Summary:
SUMMARY. Read More
Case:
Practice Area:
Attorney(s):
ATTORNEY
Result:
Motion for Final Summary Judgment
Summary:

Luks, Santaniello was granted a Motion for Final Summary Judgment in a slip and fall in an office building stairwell case styled Bernadine Jenkins vs. Preferred Building Services. The court found that there was no evidence the Defendant janitorial and maintenance company had any notice of an alleged dangerous condition on the stairwell where Plaintiff fell. Read More

Case:
Practice Area:
Result:
Affirmed Dismissal of ADA Putative Class Action
Summary:

Doreen Lasch prevailed on Appeal in an ADA putative class action styled Gomez v. Dade County Federal Credit Union at the United States Court of Appeals for the Eleventh Circuit on May 6, 2015. Gomez was represented by counsel and brought the suit on behalf of himself and a class of visually impaired individuals.  Read More

Case:
Practice Area:
Result:
Affirmed Summary Judgment Trip and Fall
Summary:

Doreen Lasch prevailed on Appeal in a trip and fall action styled Romeo v. Sebastian Lakes Master Association  at the Fourth District Court of Appeal on April 30, 2015.  The Fourth District Court issued its Opinion which affirmed a summary judgment in favor of our client rendered by the trial court in a trip and fall case which occurred in Indian River County. Read More

Case:
Practice Area:
Result:
Upheld Partial Summary Judgment
Summary:

Doreen Lasch prevailed on Appeal in PIP action styled Neurology Mobile System Associates, Inc. v. Praetorian Insurance Company  at the Miami-Dade County Circuit Court on April 20, 2015.  The Appellate Division Opinion issued upheld a partial summary judgment entered in favor of our client Praetorian Ins. Co. and also upheld the dismissal of the remainder of Plaintiff’s case based on doctrine of de minimis non curat lex in a lawsuit by a provider in a PIP case. Read More

Case:
Practice Area:
Result:
Upheld Jury’s Defense Verdict
Summary:

Doreen Lasch prevailed on Appeal in a slip and fall action styled Tomlinson v. Glendale Properties & Investments, Inc. at the Fourth District Court of Appeal on April 2, 2015.  The Fourth District Court issued its Opinion which upheld the jury’s defense verdict for our client in a premises liability case arising from a slip and fall in Broward County. Read More

Case:
Practice Area:
Result:
Defense Verdict
Summary:

Jack Luks, Founding Partner and  Zeb Goldstein, Senior Partner received a  defense  verdict in a  premises liability case styled  Cecere-Ferguson vs. The Town Center at Boca Raton Trust in Palm Beach County on March 31, 2015.  Plaintiff argued that while walking along the common area sidewalk, she tripped over a handicapped ramp that she was unable to see due to extremely poor lighting.  Defendant argued that Plaintiff may have fallen at a different location and that the lighting conditions where Plaintiff claimed she fell were adequate.  Plaintiff alleged that as a result of the accident, she suffered multiple disc herniations in her cervical spine at C6-7 and in her lumbar spine at L4-5 and S1.  Two experts testified confirming Plaintiff’s herniated discs. Read More

Case:
Practice Area:
Result:
Appellate - Judgment Affirmed
Summary:

On November 26, 2014, the Fourth District Court affirmed the judgment in condominium association’s favor in the case styled Brown v. Pipers Cay Condominium Association, Inc.   Appellate Junior Partner Doreen Lasch handled the appeal and Dan Santaniello and Marc Greenberg represented the defendant in the trial court proceedings.  Minor plaintiff and his mother were tenants residing in a condominium development. They sued the condominium association as a result of the child having been attacked and bitten by a pit pull belonging to another tenant living in one of the units in the development. Read More

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

Managing Partner Daniel Santaniello and Douglas de Almeida, Esq., obtained a defense verdict in a ladder injury case styled Kevin Connor v. Villa D'Este Condominium, Inc. and Campbell Property Management and Real Estate, Inc.  The case was tried over six days before a jury in Broward County.  Plaintiff was a 57 year old man, who was on his ladder cleaning the top of his neighbor's wall when he claimed that the ladder slipped out from under him.  Plaintiff alleged that the driveway was dangerously slippery and sued the Homeowner's Association and Property Management Company for failing to remedy the allegedly dangerous condition. Read More

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

Managing Partner Daniel Santaniello, Orlando Partner Paul Jones and Doreen Lasch, Junior Partner obtained a defense verdict in a Pedestrian hit case style Ruimy, Laura vs. Flor N. Beal.  This case involved two jury trials and a demand for $1,000,000. The Plaintiff was a 17 year old female from Canada visiting a relative in Miami who was hit by a car while crossing the streets of Miami Beach. Defendant Alex Beal was making a right turn and struck plaintiff.  The vehicle was owned by Defendant Flor N. Beal, and had been left at her parents’ house while she went on a trip to New York.  The vehicle was taken by Alex Beal without the knowledge of Flor Beal, and without the express or implied permission and/or consent of the owner, Flor Beal, after which the accident occurred. Read More

Case:
Practice Area:
Result:
Final Judgment
Summary:

Doreen Lasch, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Final Judgment on March 27, 2012 in favor of Defendant in a bad faith claim styled Nereida Herrera, individually and as assignee of Osvaldo Sanchez v. United Automobile Insurance Company. Plaintiff alleged that United Auto breached its duty of good faith to its insured in its handling of both plaintiff's bodily injury and property damage claims resulting from a motor vehicle accident in which United Auto's insured, Sanchez while under the influence, struck plaintiff's vehicle. Read More

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

Daniel Santaniello, Managing Partner and Thomas Gibbons, Esq., of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in an automobile accident case styled Kazandra Bern v. Dafne Acevedo and Marcelle Camejo in Miami-Dade County, March 12, 2012.  This case involved a head on collision where Plaintiff almost lost her leg. The Defense brought in a 90% Comparative/fabre. The Plaintiff asked the jury for $7.7M with $843K in undisputed past medical expenses. After set-offs, the net effective verdict was $65,000.  Defendant’s vehicle was struck by two (2) vehicles as Defendant entered the intersection of 135th & Biscayne Boulevard. Keilin Perez was initially named as a party Defendant but settled with Plaintiff and was a Fabre Defendant at trial.  Both Keilin Perez and the Plaintiff contended that they entered the intersection on a green turn arrow, while Defendant, Dafne Acevedo maintained that she had a green light at all times.  Read More

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

Doreen Lasch, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Dismissal with Prejudice in the case styled Keith Lampkin (Appellant) v. Terron Edwards (Appellee).  The Fourth District Court of Appeal upheld the dismissal with prejudice of a lawsuit against our client who was operating a truck in which plaintiff was a passenger and who was also a co-employee of the plaintiff. Plaintiff was severely injured when the truck proceeded from a driveway onto a highway into the path of another truck which struck the truck in which plaintiff was riding. Read More

Case:
Practice Area:
Attorney(s):
Result:
Appellate Court reversed a $1.4 million jury verdict against the FDOT
Summary:

Wrongful death action arising from allegedly negligent design and construction of roadway, District Court of Appeal, Fourth District, Doreen E. Lasch and Daniel J. Santaniello. The Appellate Court reversed a $1.4 million jury verdict against the FDOT, August 10, 2011.  Read More

Case:
Sherif Kodsy (Plaintiff/Appellee) v. Christian and Patricia Berian (Defendants/Appellants)
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Dismissal of Third Amended Complaint with prejudice
Summary:
Dismissal of Third Amended Complaint with prejudice for failure to state a cause of action, April 6, 2011. Lemon Law, Fourth District Court of Appeal, 17th Judicial Circuit, Broward County, Jack Luks and Alison Marshall. Read More
Case:
Steven Hill v. The Home Depot
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
False Imprisonment and Defamation, Broward County, Jack Luks and David Lipkin, Defense Verdict, 4/1/11. Read More
Case:
Bonnie Dehler v. Coral Square Mall
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Slip and Fall, Broward County, Jack Luks and David Lipkin. Defense Verdict, 3/10/11. Read More
Case:
Practice Area:
Result:
Summary Judgment
Summary:

Slip and Fall, Broward County, Daniel Santaniello and Thomas Gibbons, Summary Judgment, 1/6/2011. Read More

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

Slip and Fall, Lee County, Jack Luks and David Lipkin, Defense Verdict, 12/7/2010. Read More

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

Trip and Fall, U.S. District Court, Southern District of Florida, Summary Judgment, Jack Luks and David Lipkin, 12/6/2010. Read More

Case:
Practice Area:
Result:
Motion for Summary Judgment
Summary:

Pedestrian Hit, United States District Court, Southern District of Florida, Douglas De Almeida, Motion for Summary Judgment, 11/13/2010. Read More

Case:
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:
SUMMARY. Read More
Case:
Fair Housing Center (Plaintiff/Appellant) v. The Shutters Condominium Association, Carol Ravantii Lalla, and Mildred Miner (Defendants/Appellees)
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

In the case styled Fair Housing Center v. The Shutters Condominium Association; Carol Ravantti-Lalla; and Mildred Miner, Plaintiff alleged that Defendants violated the Fair Housing Act-familial status (42 U.S.C. § 3604 (a), (b), and (c) and 42 U.S.C. § 3617) by maintaining and publishing condominium declarations and by-laws that unlawfully restrict occupancy to adult residents only.  Plaintiff demanded $120,000.00 and also sought punitive damages, attorney's fees, and Court-ordered fair housing training monitored by Plaintiff and funded by Defendants at $ 5,000 per year for three years. Read More

Case:
Practice Area:
Result:
Dismissal of Claim for Indemnity
Summary:
Fitzsimmons v. Pro Fitness Services, Inc. and The Yacht Club on the Intracoastal Condominium Ass'n, Inc., Palm Beach County, Doreen E. Lasch, Dismissal of Claim for Indemnity, 9/24/2010. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Anca Dudar v. St. Andrews at El-Ad Nob Hill Condominium Association, Premises Liability, Broward County, Daniel J. Santaniello and Thomas J. Gibbons, Defense Verdict, May 20, 2010. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Rivero v. Solivan, Vehicular Liability, Miami-Dade County, Howard W. Holden and Julie M. Congress, Defense Verdict, May 18, 2010. Read More
Case:
Practice Area:
Attorney(s):
Result:
Partial Summary Judgment
Summary:
Bruno v. Defendant Store, Wrongful Death, Palm Beach County, Jack D. Luks and Zeb I. Goldstein, Partial Summary Judgment, May 7, 2010. Read More
Case:
Eddie Toney v. Jesus O. Curranza Martinez
Practice Area:
Summary:
SUMMARY. Read More
Case:
Latasha Lawton vs. Walter Varela
Practice Area:
Result:
RESULT
Summary:
SUMMARY. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Vital v. Defendant Store, Premises Liability, Collier County, Jack Luks and Charles Rowley, 2/25/2010. Read More
Case:
Sherine Foster v. Christine Trappberger
Practice Area:
Result:
RESULT
Summary:
SUMMARY. Read More
Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Directed Verdict on behalf of Defendant
Summary:
SUMMARY. Read More
Case:
Practice Area:
Attorney(s):
Result:
Jury did not find that Plaintiff sustained a permanent injury within a reasonable degree of medical probability and awarded her only past medicals.
Summary:
SUMMARY. Read More
Case:
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:
SUMMARY. Read More
Case:
Practice Area:
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:
Attorney(s):
Result:
Defense Verdict
Summary:
SUMMARY. Read More
Case:
Practice Area:
PRACTICE AREA
Attorney(s):
ATTORNEY
Result:
Court directed a verdict for the Defendants on the tortuous interference with a dead body claim. The jury returned a verdict on the remaining counts in favor of Defendants finding no negligence.
Summary:
Plaintiff’s parents have been entombed in side by side crypts at Eternal Light since 1999. Plaintiff alleged that on October 16, 2006, she attended the funeral of a family member at Eternal Light and while she was there, she went to the mausoleum where her parents are entombed to visit their crypts. Plaintiff alleged that she visited her parents’ crypts on a regular basis prior to the incident. On October 16, 2006 she found that another name was written on the crypt cover where her father’s name was previously located. Plaintiff alleged that her father’s body had been moved from the crypt where he was entombed in 1999. Defendants admitted that a mistake had occurred with the inscription. Neither the crypt seal nor the casket had any identification on them. DNA testing could not be performed due to Jewish law.  Verdict Rendered March 6, 2009. Read More
Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Defense Verdict
Summary:
Plaintiffs' sought $10 Million for a Construction Defect case involving the drowning of 8 year old boy. The Defendant was a primary target subcontractor who built the original Atlantis Hotel in Paradise Island, the Bahamas.  On August 8, 2000, Chad Humphreys dove into the lagoon at the Atlantis Hotel and swam over an underwater vault that was a saltwater intake for the waterfalls on the property. Plaintiff swam past an open semi-grated area, and apparently went near or stuck his head in a pipe. He was immediately sucked into the pipe and drowned. $10M Sought, Miami-Dade County, Defense Verdict 1/16/2009. Read More
Case:
Leads v. Mall
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Leads v. Mall, Pinellas County, Defense Verdict 11/13/2008. Read More
Case:
Practice Area:
Result:
Defense Verdict
Summary:
Plaintiff alleged that on February 14, 2003, at approximately 7:00 p.m., while he was driving his vehicle in an easterly direction on Flagler Street in Miami, a police vehicle owned by Defendant being driven in a westerly direction by a law enforcement officer entered Plaintiff's lane and initiated a head-on collision. Defendant denied liability and moved for dismissal for fraud, alleging that Plaintiff failed to disclose his involvement in a previous auto accident and that any damages to Plaintiff were pre-existing. The jury found that there was no negligence on the part of Defendant that was legal cause of damage to Plaintiff. Plaintiff's Motion for New Trial was denied. The Court entered final judgment for Defendant and taxed costs in the amount of $ 9,830. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Daniel J. Santaniello, Managing Partner and Carl W. Christy, Associate received a defense verdict in an alleged trip and fall incident where Plaintiff demanded $97,500. Plaintiff alleged that while walking her dog on the sidewalk located in front of the Defendants' residence, she tripped and fell on an uneven, elevated sidewalk. Plaintiff alleged that Defendants breached their duties owed to the Plaintiff by: (1) negligently failing to maintain the sidewalk in a reasonably safe condition, (2) negligently creating a tripping hazard, (3) negligently failing to inspect the sidewalk, (4) negligently failing to warn Plaintiff of the dangerous and hazardous condition on the sidewalk, (5) negligently planting trees close to the sidewalk causing the trees’ root system to lift the sidewalk and (6) failing to repair the sidewalk which they knew or should have known required repairs. Read More
Case:
Practice Area:
Result:
RESULT
Summary:
Paul S. Jones, Orlando Managing Partner and William J. Peterfriend, Associate received a defense verdict on February 27, 2008 when the jury found no liability and that Plaintiff’s alleged injuries were not related to the motor vehicle accident in question. Defendant and a vehicle driven by Non-Party Defendant Kirenia Piloto, were traveling on SW 1st Ave. Defendant testified that the Piloto vehicle was directly behind her. Defendant put on her turn signal to move into the left-hand lane, when the Piloto vehicle grew impatient, sped up and attempted to overtake Defendant’s vehicle in the left-hand lane. The front driver’s side of Defendant’s vehicle collided with the front passenger side of the Piloto vehicle. Plaintiff was seated in the front passenger side of the Piloto vehicle. Plaintiff claimed that as a result of the subject accident, she sustained injuries to her neck, right shoulder, back and left knee. Plaintiff admitted to treating with Florida Institute of Pain for neck, right shoulder and back problems stemming from a 2002 Motor Vehicle accident. Her treating physician from the 2002 MVA opined that she had an 8% permanent impairment rating as a result. Plaintiff underwent an MRI for both the 2002 and 2005 accidents. The MRI showed cervical bulges at C5-6.  Read More
Case:
Practice Area:
Result:
RESULT
Summary:
SUMMARY. Read More
Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
After the set-off of $10,000.00 resulted in a final judgment in favor of Defendants.
Summary:
Daniel J. Santaniello, Managing Partner and Julie M. Congress, Associate received good results (October 24, 2007) in a case involving a significant impact rear-end collision wherein Defendant, Juan Ramos claimed a fabre third-party caused the accident. Plaintiff requested a verdict in excess of $50K. The jury found Defendant Ramos only 10% liable, Co-Defendant 50% liable, and Non-Party phantom vehicle 40% liable. The jury awarded Plaintiff only $6,600.00 which after the set-off of $10,000.00 resulted in a final judgment in favor of Defendants. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

Jack Luks, Partner and Carl Christy, Associate received a defense verdict September 18, 2007 on a Slip & Fall incident. Plaintiff while visiting Defendant's movie theater on August 1, 2003, proceeded to the restroom and alleged that she slipped and fell while descending a ramp within the auditorium.  The Plaintiff further contended that there was a greasy, slippery substance on the floor in the seating area that transferred to the soles of her shoes.  Additionally, she  contended that the lighting was inadequate and the subject ramp violated the Florida Building Code.  Plaintiff had herniated disc at L4-5 and L5-S1 resulting in a double fusion, right knee surgery and right shoulder dislocation.  Plaintiff incurred $63K in medical expenses and claimed $370K in lost pension benefits, earnings and earning capacity. Plaintiff asked the jury for $633K ($433K for medicals and lost wages/loss of earning capacity). Read More

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

Severe   motor   vehicle  accident   involving  a   T-bone collision. Defendant did not see Plaintiff approaching and turned in front of Plaintiffs vehicle. Defendant contended that Plaintiffs approaching vehicle was not visible due to a small bridge 200 feet from  the  point  of the collision. Plaintiffs vehicle was totaled . Defendant also contended that Plaintiff must have been speeding. Plaintiffs treating physician Dr. Andrew Schmer, D.C., opined that Plaintiff had  an  8%  permanent   impairment   rating.  Plaintiffs treating orthopedic physician , Dr. Pedro Berman , M.D., opined that  Plaintiff  had a 3% permanent  impairment based  upon Plaintiffs  own  "subjective " complaints. Plaintiffs  medical  bills  totaled  approx.  $15K.  Plaintiff requested  $44K for past  and future medical  care  and $69,350 for future  pain and  suffering. Defendant's expert, Dr. Salvador Ramirez, a board certified orthopedic surgeon, testified that Plaintiff had no objective findings to substantiate his subjective complaints and that all problems pre-dated the accident. Dr. Ramirez testified that Plaintiff did not suffer a permanent injury. Read More

Case:
Practice Area:
Attorney(s):
Result:
Directed verdict in favor of Defendant
Summary:
On December 2, 2002, at the intersection of NE 123rd Street and N. Bayshore Drive in North Miami, Defendant allegedly veered off the road and struck Plaintiff, a pedestrian. Plaintiff claimed that Defendant was not paying attention; he dropped something in his vehicle, reached to retrieve it, and his vehicle went off the road into a guard rail subsequently hitting Plaintiff who had pulled his truck over and gotten out of it. Defendant admitted liability, but alleged that the accident was not the legal cause of loss, injury, or damage to Plaintiff. Defendant further alleged that Plaintiff jumped over the railing, causing his injuries. The case was tried on damages only. Plaintiff requested payment for past pain and suffering, past lost wages, future medical expenses, and future pain and suffering. The court entered a directed verdict in favor of Defendant regarding loss of future earning capacity. Plaintiff requested a total award of $ 30,000, including $ 7,000 in past medical expenses and $ 616 in lost wages. Read More
Case:
Practice Area:
Result:

The jury found that Woodlawn failed to perform its duty under the contract in failing to bury the organs with the body, and awarded Rivera $3,000. The jury found in favor of the Defendants on all of the other counts.

Summary:

Orestes Perez and Allison Marshall obtained a win in a Negligence & Breach of Contract case in Miami-Dade County. Plaintiff’s husband died in a car accident in Lake City, Florida. His body was subsequently brought to the Duval County Medical Examiners where an autopsy was performed. In accordance with standard practice, the decedent's internal organs were placed in a heavy red plastic bag conspicuously marked "BIO HAZARD." After the funeral had taken place, Rivera unknowingly received a white bag containing the organs under the presumption they were the effects of her husband. Rivera sued Halloway Funeral Home, Inc., American Memorial Centers, Inc., Woodlawn Park Cemetery Company and Premier Funeral Services & Cremations, Inc., claiming they had negligently and carelessly failed to discharge their duties. She additionally sued claiming, breach of contract, Violation of Chapter 470 and Chapter 497 of Florida Statutes, Tortuous Interference with a dead body, Negligent Infliction of Emotional Distress, and Intentional Infliction of Emotional Distress.  More Now

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Plaintiff sued the Coca Cola Co. for negligence and sought $1M. Around May 4, 2001, Plaintiff, a Shoreline Transportation employed 18-wheel truck driver in his 40's, picked up multiple 1,000 pound canisters of Coca Cola syrup in Atlanta to deliver to Pompano Beach, FL. Traveling southbound on I-95, Plaintiff first stopped at his home in Hialeah, FL before making the trip back north to Pompano Beach. Near the I-95, Copans Road exit, Plaintiff got a flat tire. As he brought the truck to a stop, the syrup canisters came crashing through the front of the trailer and into the cabin. Plaintiff alleged to have suffered herniated disc at L4-5, which required two surgeries. Plaintiff initially filed a $26K wage loss claim, the result of 13 months he claimed he could not work. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

Daniel Santaniello and William Peterfriend obtained a defense verdict on March 7, 2007 for a vehicular liability case when the Jury found that the Defendant Ms. Naso was not the legal cause of loss, injury or damage to the Plaintiff. Plaintiff filed suit alleging that on September 29, 2003 the Defendant violated a stop sign on Commerce Parkway. Defendant admitted liability, but alleged that the accident was not the legal cause of loss, injury or damage to Plaintiff. Plaintiff claimed that as a result of the subject accident, she sustained permanent injuries to her lower back. Plaintiff also alleged to have suffered injuries to her neck, left arm, left knee and left thigh. Plaintiff maintained that the injury in her back was permanent and left her unable to enjoy life and severely limited her future earning capacity as a Chemist. Plaintiff was first treated in the Emergency Room which documented an injury to the back and left knee, with severe bruising and evidence of trauma.

Read More

Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Favorable Verdict
Summary:

Paul Jones, Partner and William Peterfriend, Esq. received a major win for a vehicular liability in Broward County. The Jury awarded $0 for total amount of damages for reasonable and necessary medical expenses sustained by Plaintiff. The jury answered No to the issue of permanency. The Plaintiff filed suit alleging that on January 25, 2004, Defendant violated a red light signal when exiting the Florida Turnpike onto Red Road. Defendant contended at trial Plaintiff violated the red light. Defendant further contended that Plaintiff was driving with alcohol on his breath after partying on South Beach the night prior to the accident. Plaintiff claimed that as a result of the subject accident, he sustained permanent scarring and permanent injuries to his neck. Plaintiff’s treating physician Dr. Alex Cintron, D.C., testified that Plaintiff had a 5% impairment rating. Defendant’s expert, Dr. Christopher Troiano testified that Plaintiff showed no signs of objective injury.  Read More

Case:
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:
The Plaintiff, an employee of Automated Plastics Group Industry, was operating an extruder machine when his arm was drawn into rollers associated with the machine’s take off unit. The Plaintiff asked the Jury for $3.7M ($678,000 in specials; $3M in pain and suffering). The jury found Plaintiff 75% comparative negligence. The Defendant was entitled to a $1.12M set-off for a prior settlement and therefore the Plaintiff took nothing in this action. Read More
Case:
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:
Defense admitted liability, the case was tried solely on the issues of causation and damages. Plaintiff alleged that she was rear-ended from an impact which totaled the Defendant’s vehicle. Plaintiff sustained left shoulder sprain/strain, neck sprain strain, low back with possible annular tear and bulges at L4-L5 and L5- S1 for which a dicogram and nucleoplasty surgery had been recommended. The jury determined that the negligence of the Defendant was the legal cause of injury, loss or damage to the Plaintiff and that Jose Rivera was not entitled to any recovery for the filial consortium claim or for the loss of services for his daughter. The verdict awarded Plaintiffs a net of $6K. The Plaintiff asked the jury for her medical bills ($22K) and future medical expenses, future loss of earning capacity, pain and suffering in the past and future, and loss of support and services for the father. The jury awarded the Plaintiff less than her medical bills (i.e., only $16K). The jury also determined that the Plaintiff was not entitled to any future medical bills, had not sustained a permanent injury. The Jury awarded the Defendant the $10,000 setoff for the payable PIP benefits at trial. Read More
Case:
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:

DUI / Punitive Damages/ $280,000 sought- $5,000 Jury Verdict. Plaintiff alleged that on August 17, 2004, she was violently struck by the Defendant who was traveling under the influence of alcohol with a level of .26, three times the legal limit. Defendant was convicted of DUI and the Court estopped the Defendant from denying liability or intoxication and the case went to the jury on causation, damages and punitive damages. Plaintiff put on two experts; a toxicologist who put our client at .26 at the moment of impact. Property damage was severe. Plaintiff also put on Dr. Brad Kern, D.C. who gave Plaintiff a 7-8% permanent impairment for injuries to her neck and shoulder. The defense contended that Plaintiff did not realize she was so intoxicated, admitted liability and fought the case on permanency and punitives. Read More

Case:
Aguilar v. Ortiz and Alvarado
Practice Area:
Attorney(s):
Result:
RESULT
Summary:
SUMMARY. Read More
Case:
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:

Daniel J. Santaniello and Nicholas H. DeCapua won a huge verdict wherein liability was admitted and the defense team challenged the need for the neck surgery. The jury agreed, awarding $0 of the $30,000 cervical surgery and only $5,000 in pain and suffering in the future. The case involved a Motor Vehicle accident in Miami-Dade County where Defendant Pena was cited for the accident. Defendant Pena was operating a vehicle owned by Defendant Hernandez. Plaintiff Paz argued at trial that as he proceeded through an intersection, having the right of way, Defendant Pena ran a stop sign and struck his vehicle on the driver’s side.Read More

Case:
Ilse Contin v. Store
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Plaintiff alleged that after selecting stain remover from a shelf, she tripped over cans of paint that had been placed behind her by a store employee who was stacking the shelves on the opposite side of the aisle. At trial, Plaintiff claimed $53K in past medical bills, $413K in future medical bills, $3.6 million in past and future lost wages, and unspecified past and future pain and suffering. The Plaintiff’s fall was observed by a (now former) store employee. The store employee testified that due to the Plaintiff’s high heels, the Plaintiff tripped over her own feet after removing an item from the shelf. The store employee testified that he had observed the Plaintiff since she entered the aisle, and was approximately six feet away when he saw her trip over her own feet. He stated that at that time, he was “facing” products on the other side of the aisle. The store manager, came to the aisle to attend to the Plaintiff after her fall and has testified that he did not observe any merchandise on the floor. Read More
Case:
Practice Area:
Attorney(s):
Result:
RESULT
Summary:

Daniel Santaniello, Managing Partner received a defense verdict in Miami-Dade County on April 18, 2006 for a Motor Vehicle Accident. Plaintiff alleged that the Defendant ran a stop sign. The Jury found liability. Plaintiff claimed that as a result of the subject accident, Maudeva Lee Robinson sustained permanent injuries to her right arm and shoulder, which is her dominant hand. The Orthopedic Surgeon, Dr. Elliot Lang, treated Plaintiff for possible rotator cuff and permanent supraspinatus tendinosis to the shoulder, as well as neck and back injuries. Plaintiff’s chiropractor, Dr. Fernandez, opined that Plaintiff did sustain a permanent injury to the shoulder, neck and back and gave the Plaintiff a 6% permanency rating to the body as a whole. Dr. Fernandez opined that Plaintiff’s positive MRI revealed permanent damage to the shoulder. Plaintiff’s medical bills totaled $17,463. Plaintiff also claimed lost wages of approximately $8,000. Plaintiff claimed future medical care and pain and suffering, all totaling over $100,000. The jury awarded only approximately $6,000 in past medical bills resulting in a "zero" verdict and found that the Plaintiff did not sustain a permanent injury. As a result, Defendant is entitled to tax costs. Read More

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

Jack Luks, Partner and Zeb Goldstein, Associate, received an Order of Final Summary Judgment on January 5, 2006, in Circuit Court of Miami, Florida. Plaintiff's most recent demand for settlement was $900,000.00. Plaintiff alleged that while working as an off-duty police officer at Club Level in Miami Beach, Florida on the evening of January 1, 2001, he was involved in a fight which broke out inside the nightclub at 2:30 p.m., at which time he was assaulted by one of the club customers, sustaining extensive injuries, initially that of a fracture of the vomer, compound fracture of the nose and abrasions to the skull. Plaintiff further claimed that he would require future corrective surgery due to the deviated septum. He complained of frequent nose bleeds, frequent headaches, neck pain, loss of memory and depression. Plaintiff had alleged future surgery and future care was needed to correct his medical and psychological problems, at an approximate cost of $10,000.00 per year. The Plaintiff was only 29 years old at the time of the incident. Read More

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Daniel J. Santaniello, Partner and Robin Levine, Partner received a Defense Verdict in Miami-Dade County. Plaintiff alleged that decedent Richard Napper, a pedestrian was crossing the street when he was negligently struck by the Laboratory Corporation vehicle driven by their employee, Miguel Hernandez. Plaintiff claimed that Defendant Hernandez carelessly failed to yield to Richard Napper and had sufficient time to avoid colliding with him. Defendants argued that Richard Napper was the sole cause of the accident because he entered the intersection while intoxicated, against the light and 10 feet outside of a designated crosswalk. Plaintiff first filed the case as a Wrongful Death when Mr. Napper died weeks later from complications of the ankle, claiming an emboli. Defendant aggressively fought the death claim, claiming Plaintiff had prior similar conditions causing Plaintiff to
drop it before trial and proceed solely on a survivor claim for the accident. Plaintiff claimed compensation for injuries to his head, neck, back and a comminuted, displaced left ankle fracture and dislocation which required 3 surgeries leading up to his death. Plaintiff asked the jury for approximately $70,000 in past medicals and $500,000 in pain and suffering. Read More
Case:
Practice Area:
Attorney(s):
Result:
Summary Judgment
Summary:
Daniel Santaniello obtained a Summary Judgment for a national insurance company on a wrongful death case of a mother with multiple survivors. Plaintiff alleged that the insurer provided a safety consultant during the construction of a highway and was negligent in performing its duties, resulting in a dangerous intersection that killed Kathryn Elynor Collins. We filed a motion for summary judgment, alleging that the insurer owed no duty to the public by providing a safety consultant, and further that the non-joinder statute prohibited joining the insurer of the defendants in the case. The Court agreed and dismissed the case. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
Jack D. Luks, Partner received a defense verdict on behalf of the Defendant Restaurant. Plaintiff alleged that on February 21, 2003, while she was walking from the lower parking of the Sea Watch Restaurant toward the main entrance, her path was obstructed by a vehicle that was parked by the valet personnel employed by the restaurant. The obstruction forced the Plaintiff to take an alternate route, walking on a sandy, rocky area. The Plaintiff contends that her foot sunk into the ground enough to cause her to lose her balance and fall, sustaining a non-displaced fracture of the right ankle. Plaintiff demanded $400K and alleged that the Defendant created a dangerous condition, thereby causing injury to the Plaintiff. Jack Luks, on behalf of the Defendant Restaurant denied the allegations in the Complaint and alleged that the Plaintiff was comparatively negligent. Read More
Case:
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:

On June 12, 2002, at approximately 2:48 p.m., minor Plaintiff Natividad alleged that she was stopped at a red light on N.E. 8th Street in Homestead when Defendant's vehicle rear-ended her vehicle. The jury determined that Defendant's negligence was the legal cause of injury, loss, or damage to Plaintiff. They also determined that Jose Rivera was not entitled to any recovery for the filial consortium claim or for the loss of his daughter's services. The net verdict awarded to minor Plaintiff was $ 6,000. Minor Plaintiff asked the jury for her medical bills of $22,000, future medical expenses, future loss of earning capacity, past and future pain and suffering, and loss of support and services for her father; nevertheless the jury awarded minor Plaintiff less than her medical bills ($ 16,000). The jury also determined that Plaintiff was not entitled to any future medical bills and that she did not sustain a permanent injury. The jury was also asked to make a determination as to whether Defendant was entitled to a $ 10,000 set-off for the payable PIP benefits and awarded Defendant the $ 10,000 set-off at trial.  Read More

Case:
Miehl v. Mall
Practice Area:
Attorney(s):
Result:
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
Case:
Cronin V. Mall
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:
On February 2, 2002, Plaintiff was on Defendant's property which was a parking lot outside of Burdine's department store at the Edison Mall in Ft. Myers. Plaintiff was walking with her sister, carrying a box, when she tripped and fell over some wood sticking up from the ground. The wood was what remained of a post from a handicapped sign; Plaintiff stated that the wood was weathered and not clearly visible. Defendant argued that Plaintiff was negligent in that she was not watching where she was walking. Read More
Case:
Practice Area:
Attorney(s):
Result:
Court entered Judgment for Defendants
Summary:
On April 14, 2002, at approximately 10:03 a.m., Plaintiff was driving north on N.W. 66th Avenue in Margate when his vehicle was struck in the front right driver's side by Defendant's vehicle. Plaintiff alleged that Defendant had negligently failed to stop, or even slow down, at a four-way stop sign causing the impact with Plaintiff's vehicle, which sustained nearly $ 12,000 in property damage. Defendants admitted liability and the case was tried solely on the issues of causation and damages.  Plaintiff asked the jury for approximately $ 27,000. Although the jury returned a verdict awarding Plaintiff less than his medical expenses, the court actually entered judgment for Defendants because the PIP set-off resulted in a net verdict of $ 0 for Plaintiff. Because of a previously filed confidential proposal for settlement, Defendant is entitled to tax costs and attorney's fees. Plaintiff demanded $ 12,000.  Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
On August 13, 2001, Plaintiff was traveling east on NW 135th Street in Miami and was stopped at a red light. Plaintiff alleged that Defendant struck her vehicle from behind causing a severe impact and approximately $ 2,500 in property damage. Plaintiff contended that, as a result of the accident, she sustained multiple cervical and lumbar herniations and a permanent injury. Defendant did not dispute liability for the accident. Plaintiff asked the jury for $ 57,048.86. Defendant is entitled to attorney's fees and costs based upon her Proposal for Settlement. Although Defendant admitted liability, the jury determined that the accident was not the legal cause of loss, injury, or damage to Plaintiff and answered "no" to question one on the verdict form. Read More
Case:
Practice Area:
Attorney(s):
Result:
Net verdict was "0."
Summary:
On February 20, 2002, Plaintiff alleged that she was traveling east on Pines Boulevard in Pembroke Pines when she was rear-ended by Defendant's vehicle. This case was tried on liability and damages.   The court entered a directed verdict of liability against Defendant upon Plaintiff's Motion for a Directed Verdict. Because the parties had stipulated that Defendant was entitled to a $ 10,000 PIP set-off, the net verdict was "0." Defendant will be entitled to tax costs and attorney's fees pursuant to final judgment that will be entered in Defendant's favor. Read More
Case:
Rigaud v. Bakery Associates, Ltd.
Practice Area:
Attorney(s):
Result:
RESULT
Summary:
On May 21, 2000, Defendants owned a shopping center called the Shops at Sunset Place in South Miami. Plaintiffs alleged that Defendants negligently maintained the main public outdoor stairway by blocking the bottom of the stairway with tables and planters, thus preventing the use of handrails along the stairway. Plaintiff alleged that as she was descending the stairway and approaching the obstruction, she was forced to let go of the handrail and awkwardly descend the remaining steps to reach the bottom of the stairway. Plaintiff fell while trying to descend the remaining steps. Plaintiffs claimed that Defendants were in violation of the Florida Building Code and the National Fire Protection Act. Defendants did not dispute the obstruction, but alleged that Plaintiff should have been able to walk down on her own. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
No on causation after getting hit for liability. Plaintiff asked the jury for $940,000. Plaintiff was a 48-yearold mother of three, left work at 4:30 p.m. by taking the 6th floor stairway. She fell coming down the stairs after passing the 5th floor. The stairs were being painted by our client and it was admitted Plaintiff fell due to a dangerous condition of wet paint. The Plaintiff claimed serious injuries, including a back surgery, urological problems and years of rehabilitation. The trial lasted 5-days and 11 experts testified. Plaintiff sought 4 years of lost wages ($120,000), past medicals ($70,000), future surgery and rehabilitative costs ($150,000) and an additional $600,000 in past and future pain and suffering. The Jury granted a defense verdict, agreeing with us that the accident was not the legal cause of injury to the Plaintiff. Plaintiff’s lowest demand at trial was $700,000. The defense is also entitled to costs and attorneys fees due to a rejected 6-figure Proposal for Settlement. Read More
Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
On March 1, 2002, Plaintiff was robbed in Defendant's parking lot on N. Federal Highway in Ft. Lauderdale. Plaintiff alleged that Defendant failed to provide her with reasonable and adequate security on said evening. After returning from dinner at a nearby restaurant with her sister, Plaintiff parked her vehicle near the rear entrance to the hotel in a handicapped parking space. After exiting her vehicle, she was accosted by an unknown assailant who grabbed her purse and dragged her along the parking lot for approximately ten feet until he was able to obtain her purse. He left the premises in a vehicle. Plaintiff established that Defendant only had two security employees for the parking lot and five story hotel structure; however, neither security employees were working at the time of the incident. The jury found that there was no negligence on the part of Defendant which was a legal cause of damage to Plaintiff. Plaintiff has no post-trial motions pending. Read More