Verdicts by Location: Jacksonville
Plaintiff asked Jury for $3.6 M - 1 Week Trial Duval County - Net Verdict $43,000.
Partners G. John Veith, Esq., and Deana Dunham, Esq., obtained a favorable verdict in a premises liability matter which was heavily litigated in the Circuit Court for Duval County, Florida. The trial was conducted over the course of a full week with the Plaintiff calling a forensic engineer and four medical experts. Plaintiff asked the jury for $3.6 million. However, after attributing 40% comparative fault on the Plaintiff, the jury returned a net verdict of $43,000. Because of a defense proposal for settlement filed well in advance of trial, the Defendant will be entitled to seek reimbursement of its attorney’s fees and costs.
Plaintiff alleged the retail store violated its internal inclement weather policy by failing to have an entrance mat, warning cone and umbrella bag holder in the correct places. Since it had been raining at the time of the accident, Plaintiff alleged that other customers had tracked water into the store on their feet, shopping carts and umbrellas, which created an unreasonably hazardous and slippery floor. Plaintiff alleged that the crutches he was using slid out from beneath him as he entered the vestibule to the store, causing him to fall forward, landing on his right knee and face. After his fall, Plaintiff consulted a neurosurgeon who performed an anterior decompression and cervical fusion (“ACDF”) surgery to alleviate symptoms of neck pain, numbness and tingling. Plaintiff also consulted an orthopedic surgeon who recommended surgery on his right knee to address a partial thickness, intrasubstance tear of the patellar tendon. Both doctors treated the Plaintiff under letters of protection. Plaintiff claimed past medical damages of $156,951.00, future medical damages of $425,000.00 and past and future wage loss of $672,000. Using a per diem argument, Plaintiff also sought more than $2,265,000 in compensatory damages for past and future pain & suffering, inconvenience and loss of enjoyment of life. All told, Plaintiff asked the jury to return a verdict in excess of $3.6 million.
The trial team worked closely with appellate counsel Dan Weinger, Esq., and Nicholas Christopolis, Esq., to successfully address delicate legal issues arising during the trial. These issues included an evidentiary Daubert hearing held outside the presence of the jury as well as foundational and Worley issues raised by the Plaintiff.
The defense strategy utilized a two-pronged approach, which focused on building a solid comparative fault defense while simultaneously exposing the lack of legal causation for Plaintiff’s alleged injuries. Read more.
Managing Partners Daniel Santaniello, Esq. and Todd Springer, Esq. obtained a favorable result in a wrongful death negligent security matter. Plaintiff asked the jury for $50 Million dollars in opening and then ultimately $1,000,000 per year for 29.5 years, which amounted to $29,500,000. The jury returned a verdict for $2,967,200. However, the jury apportioned 70% negligence to the decedent, 25% negligence to Fabre Defendant, Zachary Ames and only 5% negligence to Defendant, First Coast Security Services resulting in a net verdict of $148,360. First Coast was the only defendant remaining at the time of trial as Zachary Ames and the Pablo Creek Home Owner’s Association had settled out for a confidential sum pre-trial.
Decedent was a 20-year-old student who had received a Bright Futures scholarship. He was invited to the home of Zachary Ames located in the neighborhood of Pablo Creek Reserve. While at the home, Mr. Ames gave Decedent marijuana to smoke knowing it was his first time smoking marijuana. Shortly after smoking the marijuana the decedent’s demeanor changed. He became violent and paranoid. He left the home and began walking through the neighborhood when he was stopped by a First Coast Security Officer. Read more
On October 11, 2018, Jacksonville Managing Partner Todd Springer, Esq. and Senior Associate Deana Dunham, Esq. obtained a defense verdict in a slip and fall matter styled O’Neal v. Shops at St. Johns. Plaintiff demanded $224,000 at trial. Plaintiff was walking next to her daughter back to her car when she suddenly fell, coming down on brick pavers. Plaintiff alleged that an uneven brick paver protruded above the rest, causing her to trip and fall. Read More
On October 31, 2017, Jacksonville Partners Todd Springer, Esq. and Christopher Ritchie, Esq. obtained a defense verdict in the trip and fall matter styled Darlene Finley v. Defendant Store. On the night of September 12, 2014, after backing her truck up to the delivery bay, Plaintiff was walking behind the store to enter through a rear door when Plaintiff tripped and fell over a speed bump. Read More
Jacksonville Associate Deana Dunham, Esq. prevailed on a Motion for Summary Judgment in a trip and fall matter styled Sowders v. Simon Property Group d/b/a Pier Park LLC. on September 26, 2016. Plaintiff was shopping at the Mall and was walking in the parking lot when she tripped on a parking curb in front of her vehicle. Read More
Jacksonville Partner Dale Paleschic and Associate Bradley Latone, recently obtained a Final Summary Judgment in the matter of Lieupo v. State of Florida, Department of Highway Safety and Motor Vehicles, Florida Highway Patrol. The case involved a tow truck operator who was injured while in the process of removing a tractor trailer rig that was involved in a single vehicle accident. Read More
Todd Springer and Paul Jones obtained a defense verdict in a defamation case after a three-day Federal Court trial in Jacksonville in the matter styled Berman vs. Kafka. Plaintiff claimed damage to her reputation and punitive damages from the statements in the amount of $4.5 million. However, the jury found that the alleged libel per se statements were in fact substantially true and returned a verdict for the defendant. Read More
Todd Springer, Managing Attorney of the Jacksonville office of Luks, Santaniello, Petrillo & Jones obtained Final Summary Judgment in a wrongful death case styled, Ileana Liset De La Torre vs. Defendant Church and Defendant Pastor, in Duval County on January 18, 2013. It was alleged that a pastor had provided negligent counseling to the decedent and acted in such a way as to worsen his mental and/or physical condition pursuant to the Undertaker's Doctrine by failing to notify third parties of the decedent's prior suicide attempts and harass, bully, and humiliate him ultimately contributing to and/or causing him to commit suicide. Read More
The Plaintiff sued CSX Transportation pursuant to the Federal Employers Liability Act (F.E.L.A.) for failing to provide a safe place to work. Paul Jones and Todd Springer obtained good results when the jury found Plaintiff 70% comparatively negligent for his injuries resulting in a total award of only $3,600 (i.e., $12,000 awarded). On September 4, 1999, the Plaintiff mounted a van at Baldwin Yard to be taken to the Yard office after finishing his shift as a brakeman. The Plaintiff alleged that before he was seated in the rear of the van and before he was able to put on his seatbelt, the driver of the van drove away at an excessive speed hitting a pothole in the dirt road causing him to strike his head against the roof of the van. Plaintiff testified that he immediately felt pain in his neck and reported the injury to his supervisor at CSX. Read More
Paul S. Jones, Partner and Todd T. Springer, Managing Attorney of the Jacksonville Office received a defense verdict for a wrongful death action in Jacksonville/Duval County involving a teenager who got drunk and drove his car off the highway killing himself. The Plaintiffs offered evidence that the Defendant's bar served alcohol to the decedent minor in violation of Florida Statutes 562.11 and 768.125. The Plaintiffs also offered evidence that the decedent minor became intoxicated as a result and was involved in a single-car accident where he was ejected from his vehicle and sustained fatal head injuries. The decedent minor survived for two days in the hospital before he was declared brain dead. The family had to decide to discontinue their son's life support. The three statutory survivors included the decedent minor's mother, father and three year old son. Read More