Verdicts by Location: Miami
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Ramon Fernandez v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from Hurricane Irma. Defendant filed its Motion for Summary Judgment, maintaining the position that Plaintiff failed to comply with his duty to provide prompt notice of the claim, and that its investigation of the claim was prejudiced by Plaintiff not reporting his claim until two years after the loss. In advance of the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Rene Su v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from a roof leak. Defendant filed its Motion for Summary Judgment, based on the insurance policy’s exclusion for damage caused by wear and tear, and the lack of any evidence of a peril created opening in the roof that allowed rain water to enter the property. Defendant also filed its Motion to Strike the Affidavit of Plaintiff’s Expert, arguing that the affidavit was speculative, conclusory, and legally insufficient. Just before the hearing on Defendant’s Motions, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained summary judgment in the matter styled Virginia Baist v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from a plumbing leak in her kitchen. Defendant filed its Motion for Summary Judgment, based on the insurance policy’s exclusion for damage caused by constant or repeated seepage or leakage of water. Upon receipt of the motion, Plaintiff’s counsel withdrew from the case, and Plaintiff proceeded pro se. Finding an absence of evidence to support Plaintiff’s case, the Court granted Defendant’s Motion for Summary Judgment.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Sue Demmings v. Defendant Insurance Company filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from Hurricane Irma. Defendant filed its Motion for Summary Judgment, asserting the argument that Plaintiff failed to comply with her duty to provide prompt notice of the claim, and that its investigation of the claim was prejudiced by Plaintiff not reporting her claim until two years after the loss. Just before the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matterstyled Emergency Mold & Water Remediation, LLC a/a/o Betsy Fernandez & Alejandro Marquez 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 for Summary Judgment, arguing that the purported assignment of benefits was invalid and unenforceable, as the insured had no benefits left to assign at the time it was executed, and thus Plaintiff lacked standing. On the eve of the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Miriam Muniz v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from Tropical Storm Gordon. Defendant filed its Motion for Summary Judgment, based on the insurance policy’s exclusion for damage caused by wear and tear, and the lack of any evidence of a peril created opening in the roof that allowed rain water to enter the property. Upon receipt of the motion, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled South Florida Restoration Service a/a/o Kendale Woods North Condominium Association 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 more than $140,000 in services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, and served Plaintiff with its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the purported assignment failed to comply with Florida Statute Section 627.7152, was therefore invalid and unenforceable, and thus Plaintiff lacked standing to file suit. Upon receipt of the motions, Plaintiff dismissed the case.
On January 12, 2022, Miami Senior Partner, Jorge Padilla, Esq., secured final summary judgment in a first-party insurance case styled Projekt Property Restoration, Inc., a/a/o Yessenia & Andres Arias v. Defendant Insurance Company. Plaintiff, the assignee of the named insured, made a claim against the insured’s homeowner’s insurance carrier arising out of water damage mitigation services rendered in connection with a loss that reportedly occurred as a result of Hurricane Irma. Defendant denied Plaintiff’s claim due to the absence of any evidence of wind damage to the home.
Seeking substantial damages, including attorney’s fees costs, Plaintiff alleged that the denial of their claim constituted a breach of the insured’s homeowner’s insurance policy. By employing an aggressive discovery approach, Mr. Padilla was able to get Plaintiff’s causation expert stricken pursuant to Daubert.. After securing that ruling, Mr. Padilla filed a motion for final summary judgment. In response to the motion for summary judgment, Plaintiffs argued that there was sufficient circumstantial evidence to create a material issue of fact – issues that were thoroughly briefed by Mr. Padilla and ultimately rejected by the Court. Mr. Padilla is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement that he served early in the litigation.
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.
Tender of $1M Policy Limits Rejected - $13,023,932 Jury Demand - 2-Week Trial Miami – Net Verdict $590,751.
On April 1, 2022, Senior Partner Luis Menendez-Aponte, Esq., and Managing Partner Daniel Santaniello, Esq. obtained a favorable result in a motorcycle accident matter that occurred on northbound Turnpike just north of Florida City. Plaintiffs jointly asked for $13.1 Million dollars. The $1M policy limits had been tendered and rejected well in advance of trial. The jury apportioned liability 50% to the Plaintiff(s), 10% to the fabre driver, and 40% to the Defendant Abby Tingjing Lu resulting in a net verdict of $590,751.
The case styled Plaintiffs vs. Abby Tingjing Lu was tried over the course of two weeks before Judge Charles Johnson in Miami-Dade County. Our client insured was a Chinese resident living in New York City and was visiting the Florida Keys. She had rented a vehicle from Hertz and was heading back to Fort Lauderdale when the accident happened. Plaintiff was a Cuban-American and Miami resident. His wife, a registered trauma nurse with the Jackson Memorial Health Care System, was on the back of a motorcycle at the time of the accident. Coincidently they were both airlifted to Jackson from this accident. The jury was comprised of five Cuban Americans and one African American.
Our Client encountered some debris on the turnpike and attempted to swerve to avoid it. Nine witnesses testified regarding the accident. There was a dispute over the existence and extent of the debris and a dispute over the actions of our client.
The Plaintiffs alleged that the Defendant improperly failed to avoid the debris like other cars that had successfully maneuvered around it according to witnesses. They suggested she was looking at her phone using it for GPS navigation. They claimed that the Event Data Recorder supported that our client moved into the shoulder and then abruptly moved back into the travel lane at only 5.6 mph, striking the motorcycle. They called expert engineer Ralph Aronberg, P.E. who testified the defendant was totally at fault for the accident.
The Defense disputed liability. We called motorcycle expert and engineer Alan Moore to the stand to testify that the plaintiff was following too closely. The Court did not allow us to present evidence that the plaintiff did not have a motorcycle endorsement.
The injuries to both plaintiffs’ were significant. Plaintiff motorcycle operator, was catapulted at 65 mph into the median and sustained significant lower right extremity injuries involving degloving injuries, a shattered femur, shattered ankle. He can no longer walk without pain and severe limp and needs to undergo at least two further surgeries, including an ankle fusion which was not disputed by the defense medical experts. He required four surgeries to save the leg. He did not have health insurance so his specials totaled $906,214.
Plaintiff girlfriend-passenger and now wife, also was catapulted onto the left lane, where she sustained a fractured femur, and required emergency surgery to align and fixate it. She continues to suffer from pain and limitations due to her leg. Her medical bills were $100,003. It is significant to note both plaintiffs are very young – in their late twenties when the accident happened.
Opposing counsel, Jose Menendez, a renowned Miami tobacco trial lawyer, asked the jury for $9,000,000 in pain and suffering for Plaintiff motorcycle operator and $3,020,715 in pain and suffering for Plaintiff passenger. The total damages requested in closing argument were $9,906,214 for Plaintiff motorcycle operator and $3,117,718 for Plaintiff passenger, both totaling $13,023,932.00.
More than 20 witnesses were called to this trial, including eight plaintiff medical experts. The defense employed two key strategies to deal with the sympathy/prejudice associated with a Miami trial involving a Cuban-American plaintiff versus a Chinese resident of New York; and a reasonable pain and suffering award in light of the facts. These strategies were employed in jury selection and closing arguments and helped deliver a verdict wherein the jury gave less than the defense even suggested for non-economic damages. Please feel free to reach out directly to Dan Santaniello to discuss this result further.
On March 20, 2020, Miami Senior Partner, Jorge Padilla, secured Final Summary Judgment in a First-Party Property case styled Ramon Rodriguez v. Citizens Property Insurance Corporation. Plaintiff made a claim against his homeowner’s insurance carrier for a loss that reportedly occurred as a result of Hurricane Irma. Plaintiff’s claim for interior water damage was denied due to the absence of any evidence of wind damage to the home. After engaging in preliminary discovery, Mr. Padilla moved for final summary judgment. In response, Plaintiff’s counsel relied on the deposition testimony of his client, who merely testified that his roof was not leaking prior to the hurricane and commenced leaking approximately three days after it made landfall in Miami-Dade County. Relying on well-settled law that causation cannot be established by post hoc reasoning, Mr. Padilla prevailed on the motion for final summary judgment and is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement. Read more
On November 27, 2019, Miami Senior Partner, Jorge Padilla, secured Final Summary Judgment in a First-Party Property case styled Raul Ruiz, et al. v. Citizens Property Insurance Corporation. Plaintiffs made a claim against their homeowner’s insurance carrier for a loss that reportedly occurred as a result of a ruptured pipe under the slab of their property. Plaintiffs claimed that the tile flooring within their home became un-bonded as a result of water that penetrated the slab of the home. Seeking substantial damages, including attorney’s fees costs, Plaintiffs alleged that the denial of their claim constituted a breach of their homeowner’s insurance policy. By employing an aggressive discovery approach, Mr. Padilla was able to get Plaintiffs’ expert stricken for repeated violations of discovery orders. After securing that ruling, Mr. Padilla filed a motion for final summary judgment. Read more
Miami Partner Kelly Kesner, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained an MSJ in the premises liability matter styled Lanza v. Charles Group Hotels, Inc. d/b/a Best Western Plus Atlantic Beach Resort. The case stemmed from a slip and fall in the stairwell of the Best Western Resort. Plaintiff testified that he fell on standing water in the stairwell. Importantly, Plaintiff noted that the water was clean and clear; there were no footprints and no track marks. Read more
On October 17, 2019, Miami Partner Kelly Kesner, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained final summary judgement in the matter of JL Shoes v. Downtown Investments Corp. It was alleged by Plaintiff that Hurricane Irma caused damage to the building in which plaintiff leased retail space. The Plaintiff alleged that the building owner negligently maintained the roof, and that as a result, the retail store had been severely damaged causing the loss of the store’s entire inventory of shoes. Plaintiff sought damages for the lost inventory, consequential damages, as well as moving and build out costs. It was successfully argued on behalf of the building owner that Plaintiff had failed to establish with any reasonable degree of certainty the damages that it had suffered. Read more
On July 9, 2019, Miami Partners Heather Calhoon, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained final summary judgment in the matter of Butler v. Wolthuis The case involved a motor vehicle versus pedestrian accident. The Plaintiff was struck by the defendant driver as she attempted to cross a busy Miami roadway. Plaintiff alleged severe physical injuries, including a traumatic brain injury. At the summary judgment hearing, it was successfully argued that the plaintiff had failed to produce any record evidence that the driver had been negligently operating his vehicle at the time the incident occurred. Read more
On July 19, 2018, Managing Partner Dan Santaniello, Esq. and Miami Associate Cristina Sevilla, Esq. received a complete defense verdict in a first-party property matter styled German Chavez and Maria Del R Morales v. Citizens Property Insurance Corporation. Plaintiffs made a homeowner’s insurance claim alleging their property was damaged as a result of a hot water supply line leak beneath the floor slab. At trial, Plaintiffs offered the expert opinions of Grant Renne, P.E. who testified the water discharge caused tile debondment and foundational damage. Plaintiffs’ loss consultant, Ricardo Tello, estimated the cost of repairs to be in excess of $90,000. While the parties stipulated that an accidental discharge of water beneath the floor slab did occur, Defendant maintained there was no direct physical loss to covered property as a result of the water discharge. Read More
On July 9, 2018, Senior Partners Luis Menendez-Aponte, Esq., Stuart Cohen, Esq. and Senior Associate Matthew W. Van Wie, Esq. obtained Final Summary Judgment in favor of the Defendant Global Cargo Alliance Corp. in relation to a trip-and-fall incident in matter styled Gonzalez, Armando & Deliaimar vs. Global Cargo Alliance, Corp. The Plaintiff, a deliveryman, suffered a severe knee injury after he tripped and fell on a concrete riser step which led exclusively into the unit lease by the Defendant. As a result of the fall, the Plaintiff underwent arthroscopic knee surgery to repair the damage, and received a medical recommendation for a second surgery. Read More
This case was a $775,000 subrogation action filed by the condominium association’s insurance company against our client, a unit owner. A dismissal was obtained in light of our arguments relying upon language within subject insurance policy as well as the condominium documents. Read More
Miami Managing Partner Stuart Cohen, Esq. and Senior Partner Luis Menendez-Aponte, Esq. obtained a defense verdict on 12/15/2017 in the automobile liability matter styled Arianny Pinero vs. Laura Ruiz. The Defendant admitted negligence in causing the accident, but denied that her negligence was the legal cause of any loss, damage or injury to the Plaintiff. Plaintiff demanded $350,000. The Plaintiff underwent an MRI which revealed a herniation at C3-C4 and a bulge at L4-L5. Read More
In the Appellate Decision styled Obregon v. Rosana Corp, Edgardo Ferreyra, Jr. and Shana Nogues received an opinion from the Third District Court of Appeal affirming Judge Cueto’s Order striking Plaintiff’s pleadings for fraud on the Court and reversing the trial court’s finding that the “legal representatives” in the release attached to the Proposal for Settlement filed by Defendant was ambiguous. Plaintiff/Appellant, who was represented by Rubenstein Law and Wasson & Associates, slipped and fell in Defendant’s restaurant allegedly injuring her neck and back and requiring two spine surgeries performed by Dr. Roush. Read More
On July 20, 2017, Orlando Partner Paul Jones, Esq. and Miami Partner Luis Menendez-Aponte, Esq. obtained a favorable verdict in the slip and fall matter styled Pineda v. Defendant Store. Plaintiff slipped and fell in Defendant’s store from water leaking from melting ice bags. The store had six months of repair work orders from the ice machine producing melting ice leading up to the day of the incident. Plaintiff sustained a large abrasion on her knee from the fall that was captured in photographs. She actively treated with an orthopedic surgeon which ultimately resulted in two surgeries involving her knee and her shoulder. Plaintiff incurred $133,755 in medical bills. At trial, the plaintiff presented documentary evidence and testimony from her orthopedic surgeon that she required additional surgery, including a total knee replacement, from the fall. The plaintiff asked the jury for $330,755. The jury rejected the future care, found the plaintiff 50% at fault for the fall, and declined to award her any pain and suffering damages. The net verdict was approximately $68,000, half of the plaintiff’s final demand before trial. Read More
Miami Associate Edgardo Ferreyra obtained a favorable result on December 21, 2016 when the Third DCA affirmed summary judgment and denial of plaintiff's request to the Florida Supreme Court in the trip and fall matter styled Marilyn Samuels, Appellant, v. Defendant Retail Store, Appellee. The Appellate court granted our motion for Attorneys' Fees and denied Plaintiff's motion for Fees. Read More
Edgardo Ferreyra obtained a dismissal with prejudice in the premises liability matter styled Philip Rotondo v. Defendant Retail Store. The Plaintiff alleged he was pushing a flat bed cart in the flooring aisle when he cut his leg. Read More
Edgardo Ferreyra obtained a dismissal in the False Imprisonment matter styled Shane Burnett v. Defendant Retail Store. The Plaintiff appealed to the Eleventh Cir. Court and the appeal was dismissed. Read More
On April 27, 2016, Dan Santaniello and Luis Menendez-Aponte received a defense verdict in an MVA tender rejection case tried where Plaintiffs asked the Jury for $42 million at trial. The case was featured in an article in the Daily Business Review on June 16, 2016, “Miami Driver Avoids Liability in Crash With Drunken Driver” by Celia Ampel. The case styled Clairmeda Simeon as guardian of Vilbrun Simeon and Kedlen Joachim v. Michelett Auguste and Lanea Everett was venued in Miami-Dade County. After eight days of trial and nearly 7 hours of deliberation, the jury entered a Defense verdict for Defendant Michelett Auguste finding that he was not negligent in the operation of his motor vehicle. Plaintiff Simeon is in a persistent vegetative state and Plaintiff Joachim has a permanent seizure disorder. Defendant, Michelette Auguste, was the only party represented who had insurance coverage. Policy limits were tendered but rejected and the case went to trial. The Plaintiffs also presented the testimony of life care planner Lawrence Forman in support of their request for a $19,856,000 life care plan. Through the testimony of the defense engineer Roland Lamb, PE, the defense was able to establish that Plaintiffs’ expert engineer’s analysis was faulty and that the physical evidence supported our version of the accident. Read More
The Miami Office prevailed in the matter styled Sewell v. Racetrac Petroleum, Inc. when the Court granted Defendant’s Motion to Dismiss and/or to Strike Plaintiff’s Second Amended Complaint and dismissed Plaintiff’s Complaint with prejudice on the issue of duty at a Special Set hearing on April 4, 2016. Read More
Managing Partner Dan Santaniello and Miami Junior Partner Dexter Romanez received a favorable verdict in the personal injury matter styled Carlos J. Colman, Sr. v. Defendant Retail Store on March 28, 2016. Plaintiff was struck by an industrial shopping cart loaded with lumber as he exited Defendant Store, when the wheels of the cart got stuck on the threshold at the exit and the lumber fell forward, causing the cart to shoot directly into the plaintiff’s chest. Plaintiff immediately fell to the ground in pain unable to breathe and claimed he sustained injuries to his chest, left shoulder, cervical, thoracic, and lumbar spines. Plaintiff underwent an anterior cervical discectomy with a total disc arthroplasty at C5-6 with Dr. Thomas Roush. Plaintiff was eventually seen by Dr. Kingsley Chin for low back pain and eventually underwent a lumbar decompression with interspinous fixation and fusion at L5-S1 to resolve a disc herniation. Plaintiff claimed permanent limitations performing activities of daily living, including the ability to run or walk without a significant limp. Plaintiff’s counsel asked the jury for $1,520,000 which included $320,000 for past medical expenses, $200,000 in future medical expenses; and $1 million in past and future pain and suffering. The jury found the Plaintiff 50% comparative negligence. The verdict was 25% less than the Proposal for Settlement and Defendant is entitled to attorney’s fees and costs. Read More
Managing Partner Dan Santaniello and Miami Junior Partner Luis Menendez-Aponte received a defense verdict on January 8, 2016 in the motor vehicle accident matter styled Evelia Rodriguez v. Humberto Torres. The accident occurred when the Defendant, Humberto Torres, rear-ended the Plaintiff, causing significant property damage to the Plaintiff’s vehicle. The Defendant pled the affirmative defense of sudden loss of consciousness. According to the Defendant, the accident happened when he lost consciousness due to the sudden onset of an epileptic seizure, a condition he had never suffered from before this accident. Read More
Managing Partner Dan Santaniello and Miami Junior Partner Luis Menendez-Aponte received a defense verdict on December 3, 2015 in a traumatic brain injury Trucking liability lawsuit. Plaintiff, a 37 year old male was involved in a catastrophic intersection accident with an 18 wheeler semi-truck operated by the Defendant driver. Plaintiff’s vehicle was completely destroyed due to the severe impact and the Plaintiff had to be extracted from the vehicle by first responders using the jaws-of-life. After Plaintiff’s release from the hospital, the Plaintiff underwent pain therapy, orthopedic therapy, and began treating with a neurologist Nicholas Suite, MD and neuro-psychologist Alejandro Arias, Psy.D. for alleged traumatic brain injury sustained during the accident. Read More
Junior Partner Jorge Padilla in the Miami office was granted Final Summary Judgment in a negligence action arising out of a slip-and-fall matter styled Ricardo U. Aquino v. The Gardens of Kendall Property Owners Association, Inc., Et Al. on November 2, 2015. Read More
Shana Nogues, Associate obtained a dismissal with prejudice in the matter styled Dorsey vs. Hertz Corporation & Rosita N. Simmons. The negligence action arose out of an alleged automobile accident on June 5, 2010, but was filed on January 15, 2015, after the expiration of Florida’s four year Statute of Limitations for negligence actions pursuant to Section 95.11, Florida Statutes. Read More
Jorge Padilla, Senior Associate in the Miami office was granted a Motion for Final Summary Judgment in a contract dispute matter styled Monaco Exchange, Inc. vs. Mt. Vernon Fire Insurance. Co. (MVFIC) The Plaintiff is the named insured under a Business Coverage Form policy issued by Mount Vernon Fire Insurance Company. The Plaintiff claimed that it sustained a covered loss on or about May 17, 2012, when its principal place of business, a jewelry store, was burglarized and its inventory stolen. Read More
Shana Nogues, Associate obtained a dismissal with prejudice in the matter styled Dorsey vs. Hertz Corporation & Rosita N. Simmons. The negligence action arose out of an alleged automobile accident on June 5, 2010, but was filed on January 15, 2015, after the expiration of Florida’s four year Statute of Limitations for negligence actions pursuant to Section 95.11, Florida Statutes. Read More
Miami Junior Partner Derek H. Lloyd and Managing Partner Daniel J. Santaniello obtained a defense verdict in a Rear-End collision matter styled Lorenzo Wilson v. Evens Jeune in Miami-Dade County on June 7, 2013. Plaintiff was stopped at an intersection's stop sign when Defendant rear-ended Plaintiff. Liability was admitted prior to trial, and the only issues at trial revolved around damages. Plaintiff alleged that as a result of the accident, Plaintiff suffered multiple disc herniations in cervical spine at C4/5 and C5/6 and lumbar spine at L5/S1, L3/4, L4/5. Plaintiff underwent lumbar spine injections, one injection was done at each level. Dr. Jeffrey Kugler opined that Plaintiff had a 2% impairment to the neck, and a 2% impairment to the back, and stated that his injury was permanent, and causally related to the accident. Additionally, the Plaintiff had a lost wage claim of 5 1/2 weeks. Read More
Paul Ginsburg, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Motion for Final Summary Judgment in the Wrongful Death case styled Estate of Jay C. Ciocon v. J.H.O.C. d/b/a Premier Transportation, Charles Dale Ballew, Eduardo Torres and Ydania Rodriguez, Defendants Eduardo Torres was the driver and Ydania Rodriguez, the owner of a van which was stopped and disabled in the emergency breakdown lane of westbound I-75 just west of Weston Road in Broward County, Florida. Read More
Bus Doors Shut on Plaintiff (Miami-Dade County, Defense Verdict, June 17, 2011). Read More
Shot to Death by Unknown Assailant, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More
Victim Targeted Crime with 3 Innocent Shooting Victims, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More