Verdicts by Location: Fort Lauderdale
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.
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.
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.
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.
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
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.
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
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
Construction Partner David Rosinsky, Esq., obtained a good result in the matter styled BZB Barn, LLC. vs. Guerrero D. Construction, Inc. Buck Steel, Inc., Hornet Steel Buildings, Inc. when Plaintiff agreed to drop all claims against our client. Plaintiff is the owner of an equestrian facility in Loxahatchee Grove. It purchased a pre-engineered steel building to cover an equestrian ring on its farm from a local distributor. The distributor purchased the materials and plans for the structure from our client. Due to agricultural exemptions, Plaintiff was not required to obtain a building permit and, as such, was not required to have the erection of the building performed by a licensed general contractor. Plaintiff chose to hire day laborers with no experience in the erection of the steel building. The day laborers did not follow the plans for the erection of the building and did not use the necessary temporary and permanent bracing to support it during the erection. Before the erection was completed, the partially erected building collapsed. Read more
In matter styled Liberty Mutual Fire Ins. Co. a/s/o Puccini, Inc., d/b/a 5 Napkin Burger v. AA Fire Equipment Co., Construction Defect Partner David Rosinsky, Esq. and Senior Associate Hayley Newman, Esq. obtained a favorable result when court granted the Defendant’s motion for summary judgment. The subrogation action was for damages due to a restaurant fire that originated in kitchen. Plaintiff’s insured was the owner of the building, which included a restaurant. The restaurant underwent a build-out, which included installation of a grill hood and associated ventilation system. Read more
On 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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Slip and Fall, Broward County, Daniel Santaniello and Thomas Gibbons, Summary Judgment, 1/6/2011. Read More
Slip and Fall, Lee County, Jack Luks and David Lipkin, Defense Verdict, 12/7/2010. Read More
Trip and Fall, U.S. District Court, Southern District of Florida, Summary Judgment, Jack Luks and David Lipkin, 12/6/2010. Read More
Pedestrian Hit, United States District Court, Southern District of Florida, Douglas De Almeida, Motion for Summary Judgment, 11/13/2010. Read More
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
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
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
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.
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
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.
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
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
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
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
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
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
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